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Terms & Conditions

1. TERMS AND CONDITIONS OF USE OF THE DARKINOAM PLATFORM

1.1 Generalities and applicable Terms

The Terms and Conditions of Use apply to all services performed by the DarkiNoam platform (defined hereinafter). DarkiNoam owns and operates its platform in USA with servers in USA.

 

Terms

 

“ DarkiNoam Platform ” or just “ DarkiNoam ” It is an USA platform. Its main office is at the following address: New York, USA; info@DarkiNoam.com .

 

“ Travel Sharing ” means the sharing of a Vehicle Trip in which the Driver takes a Passenger on that Trip for a “ Contribution ”.

 

“ Conditions ” means this Term and Conditions of Use, including the DarkiNoam Privacy Policy uploaded on the platform.

 

“ Contribution ” means the amount agreed between the Driver and the Passenger in relation to the Trip, which is paid by the Passenger as their contribution to the costs of the Trip.

 

“ Passenger ” means a user who has accepted an offer to be transported by a Driver and includes all persons accompanying said user in the Vehicle for the Trip.

 

“ Driver ” means the user who through DarkiNoam offers to share a trip with Passengers in exchange for a Contribution to the cost of the Trip.

 

“ User ” refers to the person registered on the DarkiNoam Platform.

 

"Service" refers to the services provided by DarkiNoam through the Platform to any User.

 

“ Platform ” means the web page www.DarkiNoam.com and any other platform that offers the vehicle sharing service (eg Apps, website, etc.)

 

“ Travel ” means the route which the Driver and Passenger agreed to and agreed to coordinate through a transaction through the DarkiNoam Platform.

 

“ User Account ” means the account opened on the Platform by a User, and used for the purpose of accessing the Services provided by DarkiNoam through the Platform.

 

“ Vehicle ” means the vehicle registered by the Driver for Ride Sharing.

 

1.2 Acceptance of the Conditions

 

The conditions apply to any type of use of the Platform by a User. By using the Platform, Users fully abide by these Conditions and agree to adhere to and comply with them.

 

The Conditions must be accepted in their entirety to obtain access to the Services. No User can partially accept the Conditions. If a User does not accept the Conditions, said User must not use the Service.

 

All Users agree to comply with the Conditions and accept that their personal information may be processed according to the Privacy Policy.

 

In the event that any User does not comply with any of the Conditions, DarkiNoam reserves the right, but not the obligation, at its own discretion, to eliminate the User Account in question and suspend or remove all Services to said User without notice.

 

These Conditions are created with the intention of protecting the rights and obligations between Users and DarkiNoam.

 

1.3 Changes to Conditions, Platform and Service.

DarkiNoam reserves the right to modify the Conditions at any time. Additionally, DarkiNoam may vary or correct the Services provided through the Platform, the functionality of the Platform and / or the design at any time and without additional notification or commitment to the Users.

 

Any modification to the Platform, Services or Conditions will take effect as soon as said changes are published on the Platform, subject to communicating any change in the Conditions to Users by email.

 

Users must have accepted any change in the Conditions in the event that they use any of the Services offered through the Platform. Changes will not apply to any travel reservation that has been made prior to the publication of the changes in the Conditions.

 

2. Use of the Service

2.1 User Account and Information

To use the Services, each User must create a User Account and agree to provide the platform with any information requested by the DarkiNoam Platform. In particular, Users must provide: name, surname, age, a valid telephone number, email, year of birth. Use of the Service is limited to individuals 18 years of age and older at the time of registration.

 

Users accept and agree that all information provided to DarkiNoam at the time of registering their User Account or on any other occasion, will be true, correct, complete and accurate in all respects. Users also accept that all information entered on the platform or posted on the Site in relation to Travel, Vehicle or Car Sharing is true, accurate and complete.

 

The Users declare to accept and understand that DarkiNoam does not carry out any verification to confirm the veracity of the information provided by the Users of the Site or to a Driver or Passenger, whichever case may be. DarkiNoam, its Platform or its staff is not liable to any User in the event that the information provided by another User is false, incomplete, inaccurate, confusing or fraudulent.

 

Users are limited to having only one User Account, except for having express authorization from DarkiNoam. The creation of a User Account on behalf of another person, or impersonating another, is prohibited.

 

2.2. Pact of no Economic Activity and About DarkiNoam

The Site and the DarkiNoam Services are strictly limited to providing the Service for Drivers and Passengers to share a Trip in a private manner. The Services should not be used for the purpose of hiring, rewarding or generating profit in any commercial or professional context. The DarkiNoam Services must be used solely for the purpose of offering or accepting shared Trips in order to share the costs of the Trip between the Driver and the Passenger.

 

The Drivers accept and declare not to receive any type of profit generated by the Trips as well as they declare not to have any dependency relationship with DarkiNoam and its Platform. The Service and the Contribution will be used only to compensate the costs of the Driver and in no way mean that the Driver has been hired for any service for which the Driver waives receiving any additional value that is can be interpreted as profit, revenue, profit, and any other related term. The Driver is not there. allowed to generate profit by virtue of the amounts of the Contribution, the types of Trips offered, the frequency of Trips or the number of Passengers transported. This applies to all activities, agreements and Services offered on the Platform or any additional activities agreed between the Driver and the Passenger through the Site.

 

The Driver is not there allowed to offer additional services to Passengers for any contribution, reward or utility through (without limitation) `` package delivery '', `` waiting time '', `` additional stops '' and "pick up additional passengers who do not belong to the Platform". Similarly, Passengers are prohibited from requesting the aforementioned activities.

 

All Trips, collection points and destinations must be previously agreed through the platform between the Driver and the Passenger, and for the record through the platform's messaging service. Drivers are not allowed to pick up Passengers from any place that has not been previously agreed through the Platform.

 

Users are reminded that using the Platform and its Services for any commercial, professional or contracting purpose may invalidate the Driver's insurance policy and may lead to adverse legal actions by the competent authorities. DarkiNoam will not be responsible or participate in any loss or damage incurred to the Users, as a result of any breach or lack of these Conditions by the Users. Any offer of Travel seeking the breach or violation of these Conditions will be of exclusive responsibility and risk of the User for which DarkiNoam, its Platform, Site and attached personnel will not respond or have any responsibility against said breach or violation of the Conditions.

 

About DarkiNoam

 

DarkiNoam, its Site, and Platform is not a provider of any transportation service. DarkiNoam, through its Platform, is a communication platform for Users to interact with each other. DarkiNoam does not interfere with Travel, destinations or times. The Ride Sharing agreement is exclusively between the Driver and the Passenger. DarkiNoam is not part of any agreement or transaction made between Users, nor is it responsible for any matter related to the offer and acceptance of Travel between Users. DarkiNoam is not, nor will it act on behalf of any User.  

 

Any breach or violation of the Conditions will generate the immediate suspension of the User and his User Account and will remain restricted from accessing any Service provided by the Platform.

 

2.3. Types of Reservations and Payments

DarkiNoam offers Users the reservation service (hereinafter “ Reservation Service ”) in which it facilitates the reservation of seats by Passengers.

 

DarkiNoam reserves the right to stop offering the Travel Reservation Service due to: changes in the law, changes in the practice of regulatory authorities, changes in market or technology practices, changes of the business structure regarding the Reservation Service, and other important and valid reasons.

 

DarkiNoam reserves the right to put a limit on the number of seats available for the Reservation Service for any Trip.

 

How the Reservation Service to Share a Trip works:

 

The Driver offers and publishes a trip by entering the details of his Trip on the Site, specifying: the city of origin (departure), the city of destination, additional cities (if applicable), date of departure, time of departure, available seats, Contribution Cost, travel details, and other relevant travel conditions.

 

The Passenger reserves one or more seats in the Vehicle for the Trip published on the Site by clicking on the button “ Reserve Seat ” (hereinafter Reserve).

 

The Platform will send a confirmation email to the Passenger and Driver confirming the Reservation (hereinafter `` Reservation Confirmation ''). In the event that the Driver has not opted for the automatic reservation option, the Driver must approve the Reserve. Once a Booking Confirmation has been sent, the Booking is completed and the Driver with the Passenger should get in touch to coordinate the Ride Share.

 

Users accept that given the nature of the service, the DarkiNoam Platform has no interference or responsibility whatsoever in relation to the cancellation, last minute changes, damages or breakdowns of the Vehicle of the Driver, lack of assistance by the Passenger or for any aspect beyond the control of the Platform, regarding the coordination carried out between the Driver and the Passenger through the Reservation and Reservation Confirmation.

 

DarkiNoam will not contact to any Driver or Passenger and it will not be part of any agreement between the Users in relation to the administration of the reservations. The operation of the Trips is exclusively managed by the respective Driver and Passenger.

 

DarkiNoam reserves the right to change different aspects of the Site or the Service, which may include: adding new services (which may require payments) or withdrawing any existing services. DarkiNoam does not guarantee that the Site is in functional state all the time and the Services may be suspended during the time you are not there. operational. DarkiNoam will not be liable to any User in the event that the Site is not operational.

 

2.4 Obligations of Drivers and Passengers

 

Driver's Obligations:

 

The Driver undertakes:

  • Offer Trips that will in no way be fraudulent, illegal or with the intent of criminal activity.
  • Have contracted for the Vehicle an insurance policy that covers the occupants of the Vehicle in the event of a claim as well as damage to third parties.
  • To appear at the time and place agreed with the Vehicle specified in the offer.
  • To immediately notify the Passengers of any changes to the Trip. If one or more Passengers have made a Reservation and the Driver decides to change any aspect of the Trip, the Conduit undertakes to contact all Passengers who have made a Reservation in relation to that Trip and obtain the acceptance of all Passengers to change. If a Passenger is not there in accordance with said change, they will have the right to claim a refund of the amounts paid without any compensation of the amounts paid to the Driver.
  • Comply with good, cordial and respectful conduct at all times.
  • The Driver must wait for the Passenger at the departure point at least 30 minutes after the agreed time (however, the Passenger is expected to be punctual).

 

Passenger Obligations:

 

The Passenger undertakes:

  • To Book Trips with the intention that these are not in any way fraudulent, illegal or with criminal intent.
  • That they will appear physically at the time and place agreed with the Driver.
  • What will you communicate? immediately to the Driver or DarkiNoam in the event that they need to cancel a Trip.
  • Comply with good, cordial and respectful conduct with other Users at all times.
  • The Passenger must wait for the Driver at the starting point for at least 30 minutes after the agreed time (however, the Driver is expected to be punctual).
  • To pay the Cost of Contribution to the Driver.

 

If the Driver or Passenger do not comply with any of their obligations or any of the aforementioned Conditions, DarkiNoam reserves the right to maintain information related to said breach, to publish or display said information in the profile of the User and suspend or withdraw the access of the User in breach to the Site.

 

Drivers must ensure that other people accompanying Passengers on the Trip comply with the same Conditions applicable to Passengers.

 

2.5 Safe

The Driver agrees and undertakes to maintain an insurance policy that covers damages to third parties, to the occupants of the Vehicle and the Trip offered or booked through the Site. The Driver agrees to show with evidence and prior to the Trip the validity of the insurance policy when the Passenger requires it. The Driver is also obliged to have a valid driver's license, a valid license plate, and a valid vehicle inspection certificate; and any legal document that authorizes you to drive and circulate with the Vehicle. It also undertakes to provide evidence of said documents when the Passenger so does. required.

 

DarkiNoam infers that the legal authorities perceive Passengers as persons who contribute only to share expenses generated from a Trip, without doing so for the purpose of hiring or compensating the Driver, so it is a third party who is covered through an insurance policy issued by a third party. However, DarkiNoam and the Platform do not guarantee or ensure in this regard, so it is the responsibility of the Driver to verify that his insurance policy maintains adequate coverage.

 

It is the responsibility of the Driver and Passenger to confirm that the Driver maintains a valid, complete and current insurance policy. The Driver must confirm that his insurance policy allows him to carry Passengers and that said policy covers all Passengers in the event of an accident or any incident that may occur during a trip.

 

The Driver and the Passenger declare to know that the general insurance policies may refuse to cover any loss or damage in the event the Driver, in breach of this Condition, has made Trips trying to generate a profit or profit margin.

 

The Driver cannot receive any payment from the Passenger other than the agreed Contribution Cost. Nor should you offer the Vehicle for the purpose of hiring or compensation in any way to the Passenger.

 

It is the responsibility of the Driver to calculate all expenses (gasoline, tolls, maintenance, repairs, depreciation and vehicle insurance) and to guarantee that the Cost of Contribution requested from the Passengers, does not seek for any reason generate any profit.

 

If the Driver receives any profit, or if the insurance company rejects any claim related to the Trip for any other reason, the Driver will be fully responsible for the financial consequences, losses and damages that have been generated. DarkiNoam will not be responsible for any circumstance for this concept in front of the Driver and Passengers.

 

DarkiNoam reserves the right, but not the obligation at its own will, to immediately suspend any User Account and withhold any payment; as well as informing the relevant authorities in the event that it is detected that the use of the Platform for commercial activity or for the purpose of generating profit.

2.6 Handling of Disputes between Users

DarkiNoam may in its sole discretion provide its Users with an online service to resolve disputes. This service is non-binding as well as mandatory. DarkiNoam has no obligation to resolve disputes and this service is offered at the discretion of DarkiNoam and may be withdrawn at any time.

 

2.7 Verification of Identity and telephone number.

By accepting the terms and conditions detailed herein, all Users or any other person who wishes to Registering as a User accepts and aware of the fact that DarkiNoam and the Platform can receive identification documentation such as (without limitation) identity card, passport, voting paper, with the   Purpose of verifying the identification of Users.

 

In order to increase confidence, prevent errors and wrong numbers, Users must verify their cell phone number. Users can do this by entering their cell phone number to DarkiNoam, who will take care of it. to perform the validation through text message, message through social networks or through phone calls, this service being DarkiNoam's charge.

 

2.8 International Travel and International Reservations

Reservations may be made through the International Travel Site. An International Trip refers to any trip between different countries. If a reservation is made for an international trip, Drivers must ensure that the insurance policy covers trips outside the country of origin. The Driver must also ensure that the Vehicle complies with all current regulations and documentation in order to travel internationally. Additionally, both Passenger and Driver are responsible for carrying the documentation authorized to travel internationally and ensuring that the Passengers of the Trip have said documentation. DarkiNoam will not be liable in any way for any eventuality that may occur during and with the control authorities at the borders of the countries.

 

2.9 Messages between Users

DarkiNoam can review, moderate, read messages that Users send or receive among themselves through the Site; for the purpose of fraud prevention, customer support purpose, keeping a record of the agreements made between Users, verifying compliance with the Conditions and reporting any illegal or criminal activity. For example, in order to prevent saturation or misuse of the Reservation Service, DarkiNoam may scan and analyze messages sent through the Platform to check that they are not being providing personal information or references to other websites.

 

By using the Site or the Platform, and by accepting the Terms and Conditions of DarkiNoam, Users accept that DarkiNoam, in its sole discretion, may review, analyze and moderate the messages exchanged through the Site.

 

By using the Messages platform of the Site, Users agree not to write and / or send any message prohibited by applicable law. In particular, Users will refrain from writing or sending messages:

  • That they are written by someone other than the verified User.
  • That they are written to another User who does not have any access.
  • Containing offenses, harassment, defamation, profanity, obscene, pornographic, or any content that lacks respect and integrity of the User.
  • Infringement of any patent, trademark, copyright, or any other right to property.
  • Deceptive or confusing without being able to determine the origin of who sends said message or communicates any information that may be considered offensive, extortionate or threatening in any nature.
  • Posing as someone else.
  • Containing viruses or any link that could damage the hardware of any other User.
  • That threatens the unity, integrity, defense, security, integrity of USA, any relationship with other countries, that causes the alteration of public order, or the committing of any offense or insult to any other nation.

 

Finally, the Users agree to send messages only regarding the reservations of the Shared Trips and in line with the purpose of this Site. Users will refrain from using the message center for any private or confidential communication.

 

DarkiNoam reserves the right to filter and delete messages and suspend or terminate User Accounts and User access to the Site if it is considered that during the moderation of messages sent to other Users they do not comply with these Conditions or with applicable law.

 

2.10 Contacting Users

To accept the Conditions here; detailed, all Users accept and give their consent for DarkiNoam to communicate by phone call, SMS, social networks, email and other methods defined by DarkiNoam. Said contact with Users can be recorded through technical support provided by third parties for the purpose of training, quality and regularly informing and updating Users about DarkiNoam services.

 

3. Disclaimer

 

3.1 Users may access the Services on the Site at their own risk and responsibility, using their best and prudent judgment before entering into any agreement with other Users through the Site. DarkiNoam will not be responsible for the action or inaction of the Users or for breaches of this Condition, representation or warranties by the Users. DarkiNoam expressly releases its responsibility for what happens or may happen outside the Site.

 

3.2. DarkiNoam expressly releases its responsibility or grants any guarantee in relation to the Trips, accuracy, reliability of the information provided by Users, or its content (including the details of the Trip and the Contribution Cost) in Site. DarkiNoam will take precautions to avoid unreliability in the content of the Site, however, all content and information is presented in the format of `` what you see is what you accept '', without guarantee of any form. DarkiNoam does not support or request the endorsement of the Site Services from any of its Users.

 

3.3 DarkiNoam is not a party between the agreement between the Driver and the Passenger and will not be liable to the Driver and Passenger, only if the damage is incurred due to the negligence of DarkiNoam and its Platform.

 

3.4 DarkiNoam will not be responsible for any loss or damage resulting from:

  • False, confusing, inaccurate or incomplete information provided by Users.
  • The cancellation of a Trip by a Driver or a Passenger.
  • Any fraud, fraudulent representation, breach or any of this Condition by a Driver or Passenger before, during or after a Trip.

 

DarkiNoam will not be liable to any User for any business, economic or financial loss, or consequential or indirect loss of reputation, loss of earnings, loss of anticipated savings, or loss of any opportunity that may result from the use of the services offered by DarkiNoam, except in the case of fraud, concealment or theft.

 

The responsibility of DarkiNoam towards any User for any loss in relation to any Trip up to the sum of USD 15.00 (fifteen United States Dollars).

 

DarkiNoam will not be liable to any User in relation to any Trip as long as DarkiNoam is not notified of a claim up to 2 months after said Trip has been completed.

 

Considering that the Driver needs to have a valid insurance policy to cover a Trip and that the DarkiNoam service is limited to putting Drivers in contact with Passengers; and cannot know or see what happens on any Trip; Users accept that the limitations on DarkiNoam's liability mentioned are reasonable.

 

4. INDEMNITY AND RELEASE

4.1 Users will indemnify and hold DarkiNoam, its subsidiaries, affiliates and their respective officers, directors, agents and employees harmless from any claim or lawsuit, or actions that include reasonable attorney fees, made by any third party or sanction imposed arising from your breach of these Conditions or any document incorporated by reference, or your violation of any law, rule, regulation or rights of a third party.

 

4.2 Users release DarkiNoam and / or its affiliates and / or any of its officials and representatives from any cost, damage, liability or other consequence of any of the Users' actions / inactions and specifically waive to any claim or demand they may have on this behalf under any statute, contract or otherwise.

 

5. GENERAL TERMS

5.1 Relationship

No agreement between the Users and DarkiNoam will be considered which constitutes an agency, association, joint venture or similar between the Users and DarkiNoam.

 

5.2 Suspension or withdrawal of access to the site

In case of breach by him of all or some of the Conditions, the User acknowledges and accepts that DarkiNoam may at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Site (including, in particular, your User Account).

 

5.3 Intellectual property

The format and content included in the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of DarkiNoam, its affiliates or content providers and is protected copyright laws and database rights.

 

All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed by DarkiNoam) that appear on the Site.

 

The Site or any part of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of DarkiNoam. No person has the right to systematically extract and / or reuse parts of the content of the Site without the express written consent of DarkiNoam. In particular, it is The use of data mining, robots or similar data collection and extraction tools to extract (either one or more times) for the reuse of substantial parts of this Site is strictly prohibited.

 

5.4 Site content provided by Users

By displaying content on this Site, Users expressly grant a license to DarkiNoam to display the content and use it for any of our other commercial purposes.

 

Users of this Site are expressly requested not to post any defamatory, deceptive or offensive content or any content that infringes the intellectual property rights of others (for example, copyright). Any content that is contrary to DarkiNoam's policy, it will not accept. responsibility with respect to such content, and the responsible User will be personally liable for any damage or other liability arising out of and agree to indemnify DarkiNoam in connection with any liability it may suffer as a result of such content. However, as soon as DarkiNoam becomes aware of infringing content, DarkiNoam will do so. every effort to remove such content from the Site as soon as possible.

 

5.5 Associated sites

DarkiNoam reserves the right to reproduce any information that appears on the Site or associated sites.

 

In particular, advertisements published on one of the sites maintained or co-maintained by DarkiNoam may be reproduced on other sites maintained or co-maintained by DarkiNoam or third parties.

 

6. LAW AND JURISDICTION

These terms will be governed by the law of USA and any dispute that arises in relation to these terms will be subject to the jurisdiction of the courts of USA.