SCHAEFFLER CAR POOLING
TERMS AND CONDITIONS
1. Description The Schaeffler Group of Companies in Mexico, namely Schaeffler Transmisión, S. de R.L. de C.V., Schaeffler Automotive Aftermarket Mexico, S. de R.L. de C.V., Schaeffler México Servicios, S. de R.L. de C.V. and Schaeffler México (hereinafter “Schaeffler-MX”) has developed a share ride platform (hereinafter the “App”), that can be accessed by Schaeffler-MX active employees (hereinafter “Employees”) through their company or personal mobile phones to put other Employees driving a company or personal car travelling to any of the Schaeffler-Mx facilities locally (not farther than 30 kilometers around any MX-Schaeffler facility) and in between plants (from one Schaeffler Mx facility to another one, for example from Puebla Facility to Cuautitlan Izcalli Facility. Trips between Puebla Plant 1 and Puebla Plant 2 shall be deemed as a local trip) with the purpose of contributing to the environment by reducing CO2 emissions. These Terms and Conditions (T&Cs) are intended to regulate the access and terms of use of the App. Please read these conditions carefully as they limit Schaeffle-Mx’s liability. You understand that Schaeffler-Mx is not a party to any contract, agreement or contractual relationship between Drivers and Carpoolers. By clicking on “I accept these T&Cs” you acknowledge that you have read and accepted these general conditions of use. 2. Definitions In this document: “Announcement” means an announcement related to a Route published by a Driver; “Schaeffler-Mx” has de definition given in Article 1 above; “T&C” means this General Terms of Use and Conditions; “Account” means the account that must be created in order to become a User; “Driver” means the User who uses the App to share a Trip with another Employee in exchange for some Prizes as determined by Schaeffler-MX, and to transport that Employee on a given Trip at the date, time and destination on which the Driver has previously organized the Trip; “Confirmation of Reservation” has the definition in Article 4.2.1. below; “User-developed Content” has the definition in Article 10.2. below; “User” means that Employee who has created an Account in the App; “Carpooler” means the User who has agreed to share a Route with the Driver; “Prizes” those incentives that does not qualify as labor fringe benefit that Schaeffler-Mx may grant to Drivers using the App and sharing their car with Carpoolers, such as Schaefflis or other Schaeffler paraphernalia; “Seat” means the seat reserved by the Carpooler in the Driver’s car; “App” has the meaning in Article 1 above; “Reservation” has the definition in Article 4.2.1 below; “S-Connect” Schaeffler-Mx’s intranet web services from which the App can downloaded; “Route” means the route subject to an Announcement published by the Driver in the App by which the Driver agrees to share a Route with a Carpooler. 3. APP REGISTRATION AND ACCOUNT CREATION INTERNAL 3.1. App Registration Conditions The Platform may only be used by Employees over 18 years old. It is strictly forbidden by any third party (including Schaeffler-MX ex-employees) to register in the Platform. By accessing, using or registering on the Platform, you confirm and warrant that you are an active Schaeffler-MX Employee above the age of 18. 3.2. Creating an Account The Platform allows Users to interact with each other to reserve a Seat. You will not be able to reserve a Seat without first creating an Account to become a User. To create your Account, you must fill in all the required fields on the registration form. To register on the Platform, you must have read and accepted these T&Cs and the Privacy Policy. By creating your Account, regardless of the method selected, you agree to provide true and accurate information, and to update such information by means of your profile or by sending a notification to Schaeffler-Mx, in order to ensure its relevance and accuracy for the entre duration of your participation in the Platform. You may not share your username and password in the platform with other Employees or any third parties such as friends and relatives, under the penalty of being banned from the Platform indefinitely. You may not create Accounts on behalf of other Employees. The creation of the Account is individual and personal and cannot be delegated. Each Account is unique and thus the Platform will not allow you to have multiple Accounts. 3.3. Verification Schaeffler-MX may, for the purposes of transparency, accuracy improvement or fraud prevention or detection, establish a system to verify some of the information provided in your profile. You acknowledge and accept that any reference in the Platform to “certified” information, or to any other similar term, only means that a User has successfully passed the verification procedure existing in the App in order to provide him/her with more information about the User with whom he/she is thinking of sharing a Path. 4. USE OF THE PLATFORM 4.1. Publication of Announcements As a User, as long as you comply with the conditions established below, you can create and publish Announcements in the App by entering information about the Route you are going to follow (date/hours/collection and arrival points, number of seats available, options, etc.). You will only be able to publish an Announcement if you comply with each and every one if the conditions indicated below: 1. You have a valid driver’s license; 2. You are the legitimate tenant of the car by means of any legitimate title. Driving a vehicle to which the Driver does not hold a legitimate title, will be penalized with the cancellation of his/her Registration and participation in the Platform, regardless of other penalties. 3. You do not delegate/transfer the use of the car to a third party to execute the Trip. 4. The car is duly insured by any legitimate and recognized insurance company. 5. You do not have any contraindication or medical incapacity to drive. 6. The vehicle you are going to use is a four wheeled car with a maximum of seven seats. 7. The vehicle you are using is not registered in a commercial third party carpooling app or a platform taxi service (Uber, Didi, Cabify, etc.). 8. You do not offer more Seats than those available in your car and those allowed in the App. 9. All Seats offered have safety belts and operating air bags INTERNAL 10. Your car is optimum conditions and complies with all legal regulations (car property tax, gas emissions verifications, license plates, vehicle registrations, etc.). You acknowledge that you are solely responsible for the content of the Announcement that you publish in the App. Therefore, you acknowledge and guarantee the truthfulness and accuracy of all the information included in your Announcement, and you undertake to complete the Route under the conditions described in your Announcement. Your Announcement, as long as it complies with these T&Cs, will be published in the App and can therefore be seen by all Users who search the App. Schaeffler-Mx reserves the right, at its sole discretion and without prior notice, not to publish or delete, at any time, any Announcement which do not comply with these T&Cs or which it considers may put the Carpoolers at risk or may damage its image. You acknowledge and agree that the criteria used in the classification and he establishment of the order in which your Announcement is displayed among the other announcements is Schaeffler-Mx’s sole discretion. 4.2. Reserving a Seat Schaeffler-Mx’s has established a reservation system (“Reservation”) for some of the routes offered in the App. When a Carpooler is interested in an Announcement, they can make an online Reservation request. This Reservation request will be automatically accepted by the Driver. Carpooler will receive a Reservation Confirmation (“Reservation Confirmation”). In case of rejection or expiration of the Reservation request by the Driver, the Carpooler will receive a notification for his/her awareness. At the time of the Reservation Confirmation, Schaeffler-Mx will provide you with the telephone number of the Driver). From this moment on the Driver is solely responsible for the Trip will provide to the Carpooler. 4.2.1. Nature of the reservation of Seats Any use of the Platform, both as Carpooler and Driver, is related to a specific name. The identity of the Driver and Carpooler must correspond to the identity communicated by them to Schaeffler-MX and other User participating in the Route. The Apps is designated to reserve seats for people. It is strictly forbidden to reserve a Seat to transport any object, parcels, animals, dangerous substances or hazardous materials. Schaeffler-MX will not be liable in case Driver or Carpooler (or both) are in possession of illegal drugs or substances while in route. Schaeffler-Mx reserves its right to act legally against the employee in possession of illegal drugs or substances. 4.3. Evaluation System 4.3.1. Operation Schaeffler-Mx encourages you to post your comments and/or ratings on a Driver (if you are a Carpooler) or on a Carpooler (if you are the Driver) with whom you have shared a Trip or with whom you are supposed to share a Trip. However, it is not allowed to leave any comments about another Carpooler if you are a Carpooler, nor about any other User with whom you have not travelled or with whom you did not plan to travel. Your opinion, as well as the opinions that other Users have published about you, can only be seen in the App after the shortest of the following periods: (i) immediately after both of you have left a comment, or (ii) after a period of 14 days after the first opinion. You will be able to respond to a comment made in your profile by another User 14 days after the date of receipt of the comment. The comment and, if applicable, its response will be published in your profile. INTERNAL 4.3.2. Moderation It is forbidden to use pejorative remarks, cursing, bullying or harassment of any kind in the comments. All comments must be written in a formal, respectful manner. You acknowledge and agree that Schaeffler-Mx reserves the right not to post or delete any comments, questions, opinions or responses thereto if Schaeffler-mx believes they are offensive or their content is in breach of these T&Cs 4.3.3. Limit Schaeffler reserves the right to suspend your Account, limit your access to the Platform or ban you from the Platform if (i) you have received at least three negative ratings and (ii) the average opinions you have received has a score of “3” or lower. 5. Non-commercial and non-business objective of the Platform and the App. You agree that the use of the Platform and the App has the purpose of reducing the emissions of CO2 and improve the environment. It also serves to contact employees who wish to share their car with employees that do not drive or do not want to use their car. As a Driver, you understand that it is strictly prohibited to ask the Carpooler for a remuneration, whether in money, kind or other valuable consideration. You may not seek profits from the Platform. As a Driver you will assume all the costs associated to the use of your car and may not request the Carpoolers for sharing costs. As a Carpooler you may not offer, promise to offer or actually give the Driver any compensation, remuneration or other valuable consideration, in money or kind. Schaeffler-Mx reserves the right to suspend your account, limit the access to the Platform or ban you indefinitely in the event that your activity on the Platform, given the nature of Routes offered, your frequency, the number of Carpoolers carried leads you to a position in which you make a profit, or for any other reason that suggests to Schaeffler-Mx that you are making a profit through the Platform. 6. Cancellation Policy Cancellation of a Seat on a Booked Trip by the Driver or Carpooler once the Reservation has been confirmed will be subjected to the following: -In the event of cancellation by the Driver, the Carpooler will be redirected to another Driver immediately. - Drivers not arriving at the meeting point withing 15 minutes of the agreed time will represent a negative note for the Driver’s profile and Carpooler will be redirected to another Driver. -Carpoolers can cancel their trip with two hours in advance. Any cancellation by Carpooler in less than two hours, will represent a negative note for the Carpooler’s profile and it should be considered as an actual trip for the Driver for the purposes of the Prizes. More than three cancellations in one month, either by the Driver or the Carpooler, will cause the cancellation of their account. 7. Behavior of App Users 7.1. Commitment of all User of the App You acknowledge that you are the solely responsible for respecting the laws, regulation and obligations applicable to the use of the App. Furthermore, by using the App and during the Trips, you agree to: i. Not to use the App for professional, commercial or profit-making purposes INTERNAL ii. Not to submit Schaeffler-Mx (especially when creating or updating your Account) false, confusing, malicious or fraudulent information. iii. Not to speak, behave or publish content in the App that may be defamatory, libelous, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, with sexual connotations, incites violence, discrimination or hatred, or encourages criminal activities, the use of illegal drugs or substances or in a more general matter that is contrary to the objectives of the Platform and the App and that may infringe the rights of Schaeffler-Mx or a third party, or that may be contrary to morality. iv. Not to infringe on Schaeffler-Mx’s rights or damage Schaeffler-Mx’s image or reputation, in particular with respect to intellectual property rights. v. Not to open more than one Account in the App and not to open an Account on behalf of a third party. vi. Not to contact another User, by means of the App, for any purposes other than requesting a Trip. vii. Not to accept or make payments. viii. Comply with these T&Cs 7.2. Driver’s commitments When you use the App as a Driver, you commit to: i. respect all the laws, regulations and codes regarding driving and the vehicle, in particular to have a civil liability insurance in force at the time of making the Journey and to be in possession of a valid driving license; ii. check that your insurance policy covers shared Trips and that the Carpoolers with whom you share the Trip are considered as third parties in your car and are therefore covered by your insurance; iii. not assume any risk while driving, nor take any product that may negatively affect your attention and your ability to drive safely and attentively; iv. publish Announcements that correspond only to routes already programmed; v. carry out the Route as described in the Announcement (especially with regard to whether or not to use the motorway) and to respect the times and places agreed with the other Users (especially the meeting point and the destination); vi. not carry more Carpoolers than the number of Seats indicated in the Announcement; vii. use a car in good condition and which complies with all legal regulations, viii. share with Schaeffler or with any Carpooler who requests it, your driver’s license, car registration, gas emissions verification, insurance policy and any other document that demonstrates your ability to use the vehicle as a Driver in the App; ix. in case of delay or change in the time or in the Route itself, inform your Passengers without delay; x. wait for Carpoolers at the agreed meeting point at least 15 minutes after the agreed time. xi. not publish any Announcement relating to a vehicle which is not yours or for which you do not have permission to use it as a carpool; xii. ensure that Passengers can contact you at the telephone number registered in your profile; xiii. not to generate any profit through the App; xiv. have no contraindication or medical incapacity to drive; xv. behave in an appropriate and responsible manner during the Trip, in accordance with the philosophy of shared Trip. 7.3. Carpooler Commitments When you use the App as a Carpooler, you commit to: i. Adopt appropriate behavior during the Trip so as not to interrupt the concentration or driving of the Driver or the peace and quiet of the other Carpoolers; ii. Respect the Driver’s car and its cleanliness; iii. Wait for the Driver at the agreed meeting point until at least 15 minutes after the agreed time; iv. Communicate to Schaeffler-Mx, or to any Driver who requests it, your identity document or any other document that proves your identity; INTERNAL v. (not to carry on a Trip any article, substance or animal which may distract the concentration and driving of the Driver, or the nature, possession or transport of which is illegal; vi. ensure that Drivers can contact you at the telephone number registered in your profile, including at the meeting point. 8. Suspension of Accounts, Limitation of Access and Termination. You can drop out from the Platform at any time, free of charge and without having to explain the reason. To do so, you must send us an email to the Platform administrator, and we will unsubscribe you. In the event of a (i) breach of these T&Cs, including any infringement to your commitments as per articles 5 and 7 above, (ii) exceeding the limits set out in Article 4.3.3. above, or (iii) in the event that Schaeffler-Mx has any real reason to believe that it is necessary to protect its security and integrity, that of Users or third parties, or for the purposes of fraud prevention or investigations, Schaeffler-Mx reserves the right to: (I) terminate these T&Cs that links you to Platform immediately and without notice (without prejudice of other sanctions per the opinion of HR, Legal and/or Compliance; and/or (II) prevent the posting of, or remove any opinion, Announcement, message, content, Reservation request or any content that you have posted on the App; and/or (III) limit your access to and use of the App; and/or (IV) temporarily or permanently suspend your Account. When such termination is necessary, you will be notified of this decision so that you can submit your explanations to Schaeffler-Mx. Schaeffler-Mx will decide, in its sole discretion, whether or not to lift the applicable suspension/termination. 9. Personal Data In the context of your use of the Platform, Schaeffler-Mx will collect and process your personal information. By using the App and registering as a User, you acknowledge and agree to the processing of your personal data by Schaeffler-Mx in accordance with applicable law and as set out in the Privacy Policy. 10. Intellectual Property 10.1. Content posted by Schaeffler-Mx Subject to the content provided by its Users, Schaeffler-Mx is the sole owner of all intellectual property rights relating to the Platform, the App, its content (in particular texts, images, designs, logos, videos, sound, data and graphics) and the software and databases that ensure its operation. Schaeffler-Mx grants you a personal, non-exclusive, non-transferable right to use the App and the Platform, for commuting from a specified location to Schaeffler-Mx’s premises and from Schaeffler-Mx’s premises to a specified location, for non-commercial purposes and in accordance with the purpose of the App and the Services. It is strictly prohibited to use or exploit the App and the Platform, including their content, for any purpose other than that intended without Schaeffler Mx’s prior written consent. In particular, the following is strictly prohibited: (I) reproduce, modify, adapt, distribute, publicly perform and disseminate the App, the Platform and all of their content, except with the express prior permission of Schaeffler-Mx; (II) decompile and reverse engineer the App or the Platform, except as otherwise provided in the applicable texts; (III) extract or attempt to extract (specifically using data mining robots or similar data collection tools) a substantial portion of the data in the App. INTERNAL 10.2. Content published by the User in the App For the purpose of enabling the Platform, and in compliance with the purpose of the App, you grant Schaeffler-Mx a non-exclusive license to use the content and data you have provided in the context of your use of the Platform (hereinafter referred to as «User Developed Content»). In order to enable Schaeffler-Mx to distribute via the digital network and in accordance with any communication protocol (in particular the Internet and mobile networks) and to be able to offer the content of the App to the public, you authorize Schaeffler to reproduce, represent, adapt and translate your User-developed Content for the entire Schaeffler Network and for the duration of your use of the Platform, in accordance with the following: (I) you authorize Schaeffler-Mx to reproduce all or part of your Content developed by the User on any known or unknown digital recording medium, in particular on any server, hard drive, memory card or other equivalent medium, in any format and by any process, known or to be known, to the extent necessary for any storage, backup, transmission or download operation in connection with the operation of the App and the Platform; (II) you authorize Schaeffler-Mx to adapt and translate its Content developed by the User, and to reproduce such adaptations in any digital medium, known or to be known, set forth in paragraph (I) above, for the purpose of making the Platform available in different languages. This right includes the option of making modifications to the format of your Content developed by the User, with respect to your moral right, in order to respect the graphic design of the App or to make your Content technically compatible with our software for subsequent publication through the App. (III) You authorize Schaeffler-Mx to use and share your personal data for promotional purposes (within the Schaeffler environment such as S-Connect). No private and sensitive data such as last name, address, bank details or other data that could endanger either party will appear. 11. Schaeffler-Mx function The App is an online networking platform on which Users can create and publish Route Announcements in order to share the same. These Announcements will be displayed by the other Users to check the conditions of the Route, and, where applicable, to reserve a Seat directly in the car in question with the User who has published the Announcement in the App. By using the App and accepting these T&Cs, you acknowledge that Schaeffler-Mx is not a party to any agreement between you and other Users for the purpose of sharing a Trip. Schaeffler-Mx has no control over the behavior of its Users and App users. Schaeffler-Mx does not own, operate, supply or manage the vehicles included in the Announcement, and does not offer Trips in the App. You acknowledge and agree that Schaeffler-Mx does not control the validity, veracity or legality of the announcements, Places and Routes offered. In its capacity as intermediary, Schaeffler-Mx does not offer transport services or act as a carrier, Schaeffler-Mx’s role is limited to facilitating access to the App. The Users (Drivers or Carpoolers) act under their sole and total responsibility. In its capacity as intermediary, Schaeffler-Mx will not be held responsible for any incident that takes place during a Trip, in particular as it relates to: (I) erroneous information communicated by the Driver in his Announcement, or by any other means, regarding the Route and its conditions; (II) the cancellation or modification of a Route by a User; (III) the behavior of its Users during, before or after the Path. INTERNAL 12. Operation, availability and functionalities of the App Schaeffler-Mx will try as much as possible to maintain the constant operation of the App 7 days a week and 24 hours a day. However, access to the App may be temporarily suspended without notice for technical reasons, maintenance, migration or updating operations, or due to power outages or restrictions related to network operation. In addition, Schaeffler-Mx reserves the right to modify or suspend in whole or in part access to the App or its functionalities, at its discretion, either temporarily or permanently. 13. Amendments to the T&Cs These T&Cs and the documents incorporated by reference form the entire agreement between you and SchaefflerMx regarding the use of the Platform. Any other documents mentioned in the App (FAQ, for example), are for indicative purposes only. Schaeffler-Mx may modify these T&Cs in order to adapt them to its technological environment and to comply with the legislation in force. Any changes made to the T&Cs will be published in the App and in S-Connect indicating the effective date, and you will receive notification of such change before the effective date.