Nabogo is a platform designed to facilitate carpooling and local commuting. The platform was created in collaboration with Vejle Municipality and the EU mobility project MAMBA (read more here).
for NABOGO ApS platforms (valid as of 1 July 2021)
1. General information about these terms
- NABOGO ApS, CVR No. 39404060, Brisevej 12, DK-7120 Vejle Ø (Hereinafter referred to as ”NABOGO”) handles the operation of the NABOGO app (both the website com and app for IOS and Google Play). These business terms regulate the legal relationship between NABOGO and the User, as well as the legal relationship between the Users.
- A member of the NABOGO platform is a User who has created a profile giving access to all the platform services. A member is hereinafter referred to as a ”User”. A User who receives a lift is referred to as a “Lift recipient” and a User providing a lift is referred to as a “Lift provider”
- The business terms for NABOGO ApS regulate all agreements between NABOGO and the User unless NABOGO and the User conclude an alternative agreement directly and in writing.
2.1 Only Users (via creating a membership) can use the services of the NABOGO app and website.
2.1 It is a condition for use of NABOGO that the User has attained the age of 16 when creating a profile. Should nabogo ApS become aware that there are Users who have not reached the age of 16, their profile will be deleted immediately without notice. NABOGO ApS is in no way liable for whether the User has attained the age of 16 when creating a profile. It is also a condition that Lift Providers are 18 years of age and have a valid driver’s license.
2.2 Membership of NABOGO will be established via the entering of member information (name, address, telephone number, email address and profile picture) in the NABOGO app/website User creation section. During the same process, the User will be asked to accept the conditions and business terms for NABOGO.
2.3 In connection with registering, the member will receive a confirmation via the email address provided. When registering, the member is automatically signed up for receiving NABOGO’s service announcements, which will be sent to the email address provided.
2.4 NABOGO is entitled to reject or terminate any membership without notice or consent. Any member can terminate their membership without notice under the menu “Profile”, to the effect that NABOGO automatically deletes all personal and personally identifiable data one month after termination of the membership. This does not apply, however, to personal data used for invoicing. These data are stored for 5 years in accordance with accounting legislation.
2.5 After each carpool ride, the members will evaluate each other with the purpose of assessing whether the Users wish to enter into a future agreement.
2.6 For users in Holland, it is required to have a liability insurance (W.A. verzekering) to use nabogo’s app as a driver and offer trips via the app. The responsibility for living up to this condition rests solely on the driver.
3. The agreement between Lift recipient and Lift provider
3.1 In connection with entering and implementing the agreement, the lift provider must ensure:
- that the vehicle is legal
- that the agreed details of places and times are adhered to as far as possible
3.2 In connection with entering and implementing the agreement, the lift recipient must ensure:
- that the agreed details of places and times are adhered to as far as possible
4. The contact platform
4.1 Members only acquire access to NABOGO’s contact platform (app/web). The platform contains such factual information that will enable members to enter into a binding agreement on carpooling, cf. these conditions.
5. Payment and pricing policy
5.1 Members must adhere to the NABOGO “Pricing guidelines” in force at all times. Users cannot/may not agree alternative prices.
5.2 The contact platform contains an online payment module through which all payments must be made and which allows for credit card payment. The payment module works in such a way that the agreed amount, including administration fee, is reserved on the Lift recipient’s debit or credit card when the Lift recipient and Lift provider have entered into an agreement on carpooling.
5.3 The pricing of a lift is determined by NABOGO based on a level that only covers part of the cost of a ride. Thereby, all journeys arranged via NABOGO can be defined as carpooling.
5.4 Any tax obligations, including reports as a result of membership, are NABOGO irrelevant, and no claims can be made against NABOGO as a result of any tax or other tax obligations a member may be met with.
5.5 If the carpooling can not be carried out (for example in the event of damage to a car, or other form of cancellation of carpooling), and if the carpooling time has not already started, the carpooling can be canceled or canceled without payment. This applies correspondingly if the Lift recipient cancels the trip before the end point. Notification of cancellation of the agreement or cancellation of Lift recipient must be made via the app, and a push message is then automatically sent to the Users.
6. Right of withdrawal
6.1 The Lift recipient and the Lift provider have no right of withdrawal, as the agreement between the Lift recipient and the Lift provider is not covered by the right of withdrawal as defined in the Consumer Contracts Act.
7.1 Carpooling activities are not covered by insurance through the NABOGO platform. The reason for this is that both parties are already expected to be covered by their own insurance.
8.1 Users of NABOGO’s platforms may not use the platform for either direct or covert advertising, or any other form of marketing.
8.2 Information on NABOGO’s use of data in marketing contexts can be found in “Terms – Personal Data Policy” which can be found at www.nabogo.com/terms
9. Member obligations
9.1 The User warrants that the data provided is correct and that the submission of data does not contravene legislation or the rights of third parties.
9.2 The User warrants that the use does not cause NABOGO immoral or criminal content, or that the use causes viruses, programs or other software that may harm NABOGO or other Users.
9.3 The use guarantees that the person in question will not make use of data acquired via NABOGO’s platforms or services for anything other than necessary to be able to use NABOGO for carpooling.
9.4 The User guarantees that he will use the platform in accordance with these terms and conditions. If NABOGO is suspected of abuse, NABOGO will be able to analyze the members’ correspondence via the platform.
10. NABOGO disclaimer
10.1 NABOGO is not responsible for the agreement between the Lift recipient and Lift provider, including the entering and implementation of the agreement.
10.2 NABOGO is not responsible for any tax or VAT consequences of the Lift Agreement, and NABOGO assumes no obligations or liability in connection with this.
10.3 NABOGO is only an intermediary that offers a dissemination platform, and NABOGO assumes no responsibility beyond this dissemination. NABOGO is not liable for any damage that has occurred during carpooling, just as NABOGO is not liable for any lack of carpooling income.
10.4 The planning, implementation of and responsibility for carpooling depends solely on the agreement between the Users.
10.5 NABOGO’s service is completed when the Users have entered into an agreement via NABOGO’s app, just as payment is completed when the amount has been transferred from NABOGO to the lift provider (may be subject to up to 6 working days delay).
10.6 NABOGO cannot be held responsible for the availability, errors or functionality of the dissemination platform, including viruses, technical errors and outcomes.
10.7 NABOGO cannot be held liable for financial loss, loss of property or consequential damages.
10.8 NABOGO cannot be held responsible for text, information or links inserted by Users.
11. Data protection
11.1 Appears in “Terms – Personal Data Policy” which can be found on nabogo.com/terms
12. Changes to “Business terms”
12.1 NABOGO reserves the right to change these business terms. If the business terms are changed, the Users will be notified via email, and the changes will also be published at www.nabogo.com.
13. Partial invalidity, choice of law and venue
13.1 If one or more provisions of these Terms and Conditions become illegal, invalid or unenforceable, no validity, legality or enforceability of any of the other provisions shall be affected or impaired thereby.
13.2 Any dispute between NABOGO and the Users shall be settled in accordance with Danish law with the Court in Kolding as venue.