Introduction:

The ride-sharing platforms WeGoCar provide their services on the condition that users commit to respecting these terms of use, which are intended to regulate their access and usage modalities (hereinafter referred to as the “terms and conditions”).

Furthermore, the use of certain WeGoCar services is subject to rules or guidelines, or other specific terms, displayed if applicable on our platforms and integrated by a link. All these rules and guidelines are an integral part of the terms and conditions.

During registration, each user is required to review and accept the entirety of these general terms and conditions.

Interpretation of Terms Carpooling: It involves a journey undertaken by several individuals on the same route and in the same vehicle, where only transportation costs are shared, and no remuneration is required. Specifically, a driver offering their journey on one of the WeGoCar platforms must intend to make this journey whether they receive passenger requests or not. In this context, passenger transportation becomes incidental to the trip and not its primary purpose. Passengers contribute to compensate the driver for the expenses of using their vehicle on the journey.

Platforms: Encompasses the platforms developed for WeGoCar, for the use of member users, including the website, the Android & IOS mobile application, and social media.

T&Cs: Refers to these Terms and Conditions.

Driver: Refers to the member offering, on the platforms, to transport other individuals in exchange for cost-sharing, for a journey and schedule defined by them.

Listing: Refers indistinctly to a carpooling listing.

Member: Refers to any individual who has created an account on the platforms.

Journey: Refers indistinctly to a carpooling journey or a journey without passengers.

Cost-sharing: Refers to, for a given carpooling journey, the amount of money requested by the driver and accepted by the passenger as their contribution to the travel expenses.

Purpose

This contract is a distance contract that aims to define the rights and obligations of the parties in the context of the sale of services by the company Covoiturage Maroc SARL on the Internet, through the secure online payment platform of the Interbank Monetary Center (CMI).

WeGoCar is a service offered and a trademark registered by the company Covoiturage MAROC.

The following terms and conditions govern all transactions established on the WeGoCar Platforms. Any reservation made on these Platforms implies the member’s unconditional and irrevocable acceptance of these conditions.  

Independence of Clauses

If a provision of the T&Cs is deemed invalid or unenforceable in whole or in part, this invalidity or unenforceability shall only apply to that provision or part of that provision. All other provisions of these general terms and conditions remain valid.  

Registration

During your registration on the Platforms, your account is created in connection with your personal mobile phone number, which you have entered.

You are responsible for maintaining the confidentiality of your account, and you are fully responsible for all activities related to your account.

To this end, you agree to:

• Immediately notify WeGoCar of any fraudulent use of your account or any other security breach.
• Ensure that you log out of your account at the end of each session.

You agree to contact support if you change or lose your personal phone number to prevent others from accessing your account.

Conditions of Registration

Users commit to using the service exclusively for connecting individuals, on a non-professional and non-commercial basis, who wish to carpool.

To register and benefit from the service, each member must first create an account by providing valid personal data. The use and registration on the Platforms are reserved for individuals aged 18 years or older. Any registration on the Platforms by a minor is strictly prohibited.

WeGoCar cannot be held responsible for inaccurate information from registrants, despite the controls and verifications carried out by the moderators and the support team of WeGoCar. Platform users, when registering their profile, agree to provide accurate information about themselves and to update it regularly. In the event that this information is inaccurate, outdated, or incomplete, WeGoCar has the right to terminate the user’s account upon detection of incorrect information about one of its members.

WeGoCar cannot be held responsible for any professional or commercial use of the services offered.

The fee requested by the driver from passengers must only be a contribution to expenses, and the driver must not make any profit.

Account Creation

The Platforms allow members to publish carpooling listings and view listings, as well as interact with each other for seat reservations. You cannot publish a carpooling listing or reserve a seat without first creating an account and becoming a member.

To create an account on the mobile platform, the user must:

1. Provide their mobile phone number.
2. Receive a verification code at the specified number to verify ownership.
3. Provide their gender (Male or Female) to apply the “Women-Only Ride” option.
4. Provide their first and last name.

The user agrees not to create or use, under their own identity or that of a third party, accounts other than the one initially created.

Moderation and Verification

In its role as an intermediary between users, WeGoCar’s responsibility cannot be engaged for an ad placement in disregard of third-party rights, for misleading or inaccurate information included in the various media made available. This list is not exhaustive. However, WeGoCar reserves the right to control the information disseminated via its Platforms. This control may be manifested by contacting a user, moderating certain profile pages, or even deleting them.

For transparency, trust improvement, or fraud prevention and detection purposes, WeGoCar may implement a verification system for certain information provided by the user on their profile. This is especially the case when providing a phone number or identification document.

You acknowledge and agree that any reference on the Platforms or services to “verified” information or any similar term means only that a member has successfully passed the verification procedure for the information provided on the Platforms. WeGoCar does not guarantee the truthfulness, reliability, or validity of the information that has undergone the verification procedure.

WeGoCar Commitments

WeGoCar facilitates the connection between drivers and passengers sharing similar routes, willing to split transportation costs. This service is intended to apply to journeys throughout the Moroccan territory. WeGoCar commits, within the limits of its means, to contribute to the emergence and deployment of a reliable, safe, and friendly carpooling network. To ensure a high level of service quality, WeGoCar reserves the right to exclude or limit access rights to anyone who undermines or does not respect the spirit of the service. This version of the Terms of Use may be revised by WeGoCar to follow service developments. It may be modified at any time and without notice.

Member Commitments

Given the volume of information deposited by members, the control exercised by WeGoCar can only be limited. Consequently, members are solely responsible for the content they submit, and WeGoCar does not guarantee the accuracy or honesty of this content. In general, WeGoCar cannot be held responsible for any direct or indirect damage that may arise from the use or, conversely, the inability to use the Platforms.

You agree and commit to using the Platforms only for carpooling. For example, you agree and commit not to:

• Defame, abuse, harass, stalk, threaten, or violate the individual rights of other users or third parties.
• Publish, display, upload, distribute, or disseminate any inappropriate, vulgar, defamatory, obscene, indecent, or illegal subject, name, element, or personal information.
• Conduct surveys or, ultimately, contests, “snowball effect” programs.
• Upload a photo or screenshot of content published by another user without their permission.
• Violate the laws or regulations applicable in Morocco.
• Infringe on the terms of these Terms of Use or any other terms and conditions of use of the site.
• Not make any statements, have any behavior, or publish on the Platforms any content that is defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, with sexual connotations, inciting violence, discrimination, or hatred, encouraging activities or the use of illegal substances, or, more generally, contrary to the purposes of the Platforms, likely to infringe on the rights of WeGoCar or a third party, or contrary to good morals.
• Not use the Platforms for professional, commercial, or lucrative purposes.
• Not transmit to WeGoCar (especially when creating or updating your Account) or to other Members any false, misleading, deceptive, or fraudulent information.
• Not infringe on the rights and image of WeGoCar, especially its intellectual property rights.
• Not attempt to bypass the online booking system on the Platforms, especially by trying to communicate your contact details to another Member to make the reservation outside the Platforms and not pay the Service Fees.
• Not contact another Member, especially through the Platforms, for any purpose other than defining carpooling arrangements.

Publication of Carpooling Listings

As a Member, and provided you meet the conditions below, you can create and publish Carpooling Listings on the Platforms by providing information about the Carpooling Route you intend to take (dates/times and departure and arrival locations, number of seats offered, amount of the Contribution to Costs, etc.).

You are only allowed to publish a Carpooling Listing if you meet all the following conditions:

• You hold a valid driver’s license.
• You only offer Carpooling Listings for vehicles of which you are the owner or that you use with the express permission of the owner, and in any case, that you are authorized to use for carpooling purposes.
• You are and remain the main driver of the vehicle, the subject of the Carpooling Listing.
• The vehicle has valid third-party insurance.
• You take no risks while driving, do not consume any products that could impair your attention and abilities, drive with vigilance and in complete safety.
• You have no medical contraindications or incapacities to drive.
• The vehicle you intend to use for the Route is a 4-wheeled passenger car, with a maximum of 7 seats, excluding so-called “without a license” cars.
• You do not intend to publish another listing for the same Carpooling Route on the Platforms.
• You do not offer more Seats than those available in your vehicle.
• You publish Carpooling Listings only for genuinely planned trips.
• All Seats offered have a seatbelt, even if the vehicle is approved with seats lacking a seatbelt.
• In case of impediment or a change in the schedule or Carpooling Route, inform your passengers immediately via the Platforms’ messaging system.
• You use a fully functional vehicle that complies with applicable legal requirements and regulations, especially with an up-to-date technical inspection.
• You ensure that you can be reached by phone by your passengers, at the number registered on your profile.
• You are a consumer and do not act on a professional basis.
• You are punctual and arrive at least 5 minutes before the scheduled

 

Carpool Reservation

When a Passenger is interested in a Carpool Offer, they can make an online reservation request. This reservation request is manually accepted or refused by the Driver.

From the Reservation Confirmation, WeGoCar transmits the phone contact of the Driver (if you are a Passenger) or the Passenger (if you are a Driver). You are now solely responsible for the execution of the contract between you and the other Member.

If you are a passenger, you commit to:

• Be punctual and show up at least 5 minutes before the scheduled meeting time with your driver.
• Adopt appropriate behavior during the Carpooling Route so as not to disturb the Driver’s concentration and driving or the tranquility of other Passengers.
• Comply with the cleanliness rules of the driver’s vehicle.
• In case of impediment, inform the Driver promptly via the Platforms.
• Notify WeGoCar via the Platforms of any reservation cancellation and/or changes to the reservation within the specified timeframes.
• Wait a minimum of minutes before leaving the agreed meeting place if your driver is late and report any absence via the Platforms.
• Not transport, during a Carpooling Route, any object, merchandise, substance, or animal that could hinder the Driver’s concentration or whose nature, possession, or transport is contrary to current legal provisions.
• Show respect in your interactions with other members and inform WeGoCar of any deviation from the aforementioned civility or conduct rules.
• You are solely responsible for the people for whom you have reserved one or more seats for carpooling through your account.
• Ensure that you can be reached by phone by the Driver, at the number registered on your profile, especially at the meeting point.
• Report to WeGoCar any breach of the terms of use of the service by another member of the service.

Nominal Nature of Seat Reservation and Use of Services on Behalf of a Third Party

Any use of the services, whether as a passenger or driver, is nominative. Both the driver and the passenger must correspond to the identity communicated to WeGoCar and other members participating in the carpooling route, if applicable.

Moreover, it is forbidden to publish a carpooling listing for a driver other than yourself.

Payment Methods

During the carpooling route, passengers agree to pay the driver either in cash or by another payment method defined in agreement with the driver before reaching the destination.

WeGoCar reserves the right to introduce new payment methods on its platforms.

Rating System

It is important to leave a review while committing to the sincerity of the review you publish on WeGoCar Platforms about a Driver (if you are a Passenger) or a Passenger (if you are a Driver) with whom you shared a Route or with whom you were supposed to share a Route. However, you are not allowed to leave a review on another Passenger if you were a Passenger yourself or on a Member with whom you have not traveled or were not supposed to travel.

Your review, as well as the one left by another member about you, if any, is only visible and published on the Platforms after both of you have left a review or after 14 days from the first review.

You acknowledge and agree that WeGoCar reserves the right not to publish or delete any review, question, comment, or response that it deems contrary to these Terms of Use.

WeGoCar reserves the right to suspend your account, limit your access to services, or terminate these Terms of Use if you have received at least three reviews, and the average of the reviews you received is equal to or less than 2 stars.

Financial Conditions

Access and registration on the Platforms, as well as the search, consultation, publication, and reservation of trips are free.

In the context of a Carpooling Route, the amount of the Contribution to Costs is determined by the Driver, under their sole responsibility. It is strictly forbidden to make any profit from the use of our Platforms. Therefore, you undertake to limit the amount of the Contribution to Costs that you ask your Passengers to the costs you actually incur to carry out the Carpooling Route. Otherwise, you will bear alone the risks of requalification of the operation carried out through the Platforms.

When you publish a Carpooling Listing, WeGoCar suggests an amount for the Contribution to Costs, taking into account the nature of the Carpooling Route and the distance traveled, among other factors. This amount is purely indicative, and it is up to you to adjust it up or down to reflect the costs you actually incur on the Carpooling Route. To prevent abuse, WeGoCar limits the possibilities of adjusting the amount of the Contribution to Costs.

WeGoCar may charge, for the use of the Platforms, service fees to its users. The user will be informed before any application of Service Fees, if any.

WeGoCar reserves the right to change the calculation terms of Service Fees at any time. These changes will not affect the Service Fees accepted by users before the effective date of these changes.

Non-commercial and Non-professional Use by Driver Members

You undertake to use the Services and Platforms only to be connected, on a non-professional and non-commercial basis, with people wishing to share a Carpooling Route with you.

As a Driver, you agree not to request a Contribution to Costs higher than the costs you actually incur and which could generate a profit for you, it being specified that, as a cost-sharing, you must also, as a Driver, bear your share of the costs associated with the Carpooling Route. You are solely responsible for calculating the costs you incur for the Carpooling Route and ensuring that the amount requested from your Passengers does not exceed the costs you actually incur (excluding your share of the cost participation).

WeGoCar reserves the right to suspend your account if you use a professional vehicle such as VTC or taxi, a company car, and thus generate a profit on the Platforms. You undertake to provide WeGoCar, upon its simple request, with a copy of your registration certificate and/or any other document proving that you are authorized to use this vehicle on the Platforms and do not derive any benefit from it.

WeGoCar also reserves the right to suspend your account, limit your access to services, or terminate these Terms of Use in case of activity on your part on the Platforms, which, due to the nature of the proposed routes, their frequency, the number of passengers transported, or the amount of Contribution to Costs requested, would result in a profit situation for you or for any reason giving rise to suspicion by WeGoCar that you generate a profit on the Platforms.

Cancellation Policy

This cancellation policy applies exclusively to Carpool Routes, as WeGoCar provides no guarantee whatsoever in case of cancellation, for any reason.

Cancellation or absence of a member after confirmation and connection during a Carpool Route is subject to the following stipulations:

In case of cancellation or absence attributable to the Passenger:

1. Cancellation of a reservation by a passenger before it is pre-approved by the driver incurs no penalty, regardless of the time of action.
2. Cancellation of a reservation by a passenger after it is approved by the driver incurs no penalty if payment for this reservation has not yet been made.
3. Cancellation of a reservation by a passenger after it is pre-approved by the driver incurs no penalty, even if payment for this reservation has been made, provided that the cancellation is made before 50% of the time between the payment time and the departure time of the carpooling in question. Thus, the amount debited from the passenger’s credit card is fully refunded (i.e., the Contribution to Costs and related Service Fees).
4. Cancellation of a reservation by a passenger after it is approved by the driver incurs a penalty of 20% of the amount paid during the reservation if the cancellation is made after 50% of the time between the payment time and the departure time of the carpooling in question. Thus, 80% of the amount debited from the passenger’s credit card is refunded. The Driver is compensated for the Service Fees that concern them, and the rest is retained by WeGoCar.
5. The absence of a passenger after a reservation and payment of carpooling exceptionally results in a refund of 50% of the amount debited from their credit card during the reservation.
6. The absence of the passenger who does not show up at the meeting place no later than 30 minutes from the agreed-upon time exceptionally results in a refund of 50% of the amount debited from their credit card during the reservation. The Driver is compensated for the total amount retained by WeGoCar.

In case of cancellation or absence attributable to the Driver:

1. Cancellation by a driver of a carpooling offer before receiving payment for a reservation from a passenger incurs no penalty.
2. Cancellation by a driver of a carpooling offer after receiving payment for a reservation from a passenger incurs a penalty of 20% of the reservation for a seat. This must be regularized to continue using WeGoCar’s services.
3. The absence of the driver who does not show up at the meeting place no later than 30 minutes from the agreed-upon time incurs a penalty of 20% of the reservation for a seat. This must be regularized to continue using WeGoCar’s services.

WeGoCar will, at its sole discretion, assess the legitimacy of refund requests based on the information available to it.

Account Suspension, Access Limitation, and Termination

You have the option to terminate your contractual relationship with WeGoCar at any time, without fees and without cause. To do so, simply make a request to the WeGoCar team at the following address: [email protected].

In the event of a violation on your part of these Terms of Use, and if WeGoCar has serious reasons to believe that this is necessary to protect its security and integrity, that of its Members or third parties, or for the purposes of fraud prevention or investigations, WeGoCar reserves the right to:

• Terminate these Terms of Use immediately and without notice; and/or
• Prevent the publication or delete any review, Listing, messages, content, Reservation request, or any content posted by you on the Platforms; and/or
• Limit your access and use of the Platforms; and/or
• Temporarily or permanently suspend your account.

When necessary, you will be notified of the implementation of such measures to allow you to provide explanations to WeGoCar. WeGoCar will decide, at its sole discretion, whether to lift the measures put in place or not.

Intellectual Property

Subject to the content provided by its Members, WeGoCar is the sole owner of all intellectual property rights related to the Service, Platforms, their content (including texts, images, drawings, logos, videos, sounds, data, graphics), as well as the software and databases ensuring their operation. These are protected by the provisions of Law No. 17-97 on industrial property, promulgated by Dahir 1-00-19 of February 15, 2000, as supplemented and amended by Law 31-05, and the provisions of Law No. 2-00 on copyright, promulgated by Dahir No. 1-00-20 of February 15, 2000, as modified and supplemented by the Law of February 14, 2006.

WeGoCar grants you a non-exclusive, personal, and non-transferable license to use the Platforms and Services for your personal and private use, on a non-commercial basis, and in accordance with the purposes of the Platforms and Services.

You are prohibited from any other use or exploitation of the Platforms and Services, and their content without the prior written authorization of WeGoCar. In particular, you are prohibited from:

• Reproducing, modifying, adapting, distributing, publicly representing, broadcasting the Platforms, Services, and their content, except as expressly authorized by WeGoCar;
• Decompiling or reverse-engineering the Platforms or Services, subject to exceptions provided for by applicable law;
• Extracting or attempting to extract (including using data scraping robots or any other similar data collection tool) a substantial part of the data from the Platforms.

Content Published by Members

To enable the provision of Services and in accordance with the purpose of the Platforms, you grant WeGoCar a non-exclusive license to use the content and data you provide in your use of the Services (hereinafter, your “Member Content”). To enable WeGoCar to broadcast via digital network and according to any communication protocol (including the Internet and mobile network), as well as to make the content of the Platforms available to the public, you authorize WeGoCar, worldwide and for the entire duration of your contractual relationship with WeGoCar, to reproduce, represent, adapt, and translate your Member Content as follows:

• You authorize WeGoCar to reproduce all or part of your Member Content on any digital recording medium, known or unknown to date, and notably on any server, hard drive, memory card, or any other equivalent medium, in any format and by any known and unknown method to date, to the extent necessary for any operation of storage, backup, transmission, or downloading related to the operation of the Platforms and the provision of the Service;
• You authorize WeGoCar to adapt and translate your Member Content, as well as to reproduce these adaptations on any digital medium, current or future, for the purpose of providing Services, including in different languages. This right includes, notably, the ability to make, respecting your moral right, modifications to the formatting of your Member Content to comply with the graphic charter of the Platforms and/or to make it technically compatible for publication via the Platforms.

Pets and Baggage

The handling of animals or baggage is done by prior arrangement between the driver and the passenger(s). The information requested on this subject during registration must be correctly filled out on both sides.

Operation, Availability, and Features of the Platforms

WeGoCar will strive, as far as possible, to keep the Platforms accessible 7 days a week and 24 hours a day. However, access to the Platforms may be temporarily suspended, without notice, due to technical maintenance operations, migration, updates, or due to breakdowns or constraints related to network operation.

Moreover, WeGoCar reserves the right to modify or interrupt, at its sole discretion, temporarily or permanently, all or part of the access to the Platforms or its features.

Protection of Members’ Personal Data

All personal data of each member is kept in the best conditions of security and confidentiality with the technical services of WeGoCar.

In accordance with the provisions of Dahir No. 1-09-15 of February 18, 2009, promulgating Law No. 09-08 on the protection of individuals with regard to the processing of personal data and its implementing decree No. 2-09-165 of June 18, 2009, any member has the right to access, modify, rectify, and delete the Personal Data concerning them. To exercise this right, a member can directly access their personal account “Profile” and/or send a request to support: [email protected], or in the “Help” section.

The member acknowledges being informed and accepts that WeGoCar retains their Personal Data for the duration necessary for the completion of the reserved carpooling, as well as during the opening period of their account, if applicable.

In the context of your use of the Platforms, WeGoCar may collect and process some of your personal data. By using the Platforms and registering as a Member, you acknowledge and accept the processing of your personal data by WeGoCar in accordance with applicable law and the provisions of the Privacy Policy.

The WeGoCar Carpooling platform is hosted by Amazon Web Services Inc., USA. This transfer is notified and authorized by the CNDP under authorization No. A-W-406/2020. This processing has been declared to the CNDP under number A-W-406/2020.

Cookies

Cookies are text files used to identify your computer when you visit certain pages on the website. They are stored by your Internet browser on the hard drive of your computer or phone.

Acceptance of cookies is not necessary to visit the website. However, we would like to point out that, to ensure the proper use of the website, they are necessary.

Cookies can be used to recognize your Internet protocol address and allow you to save time when you return to the website. Your browser can be configured not to accept cookies, but this may restrict your use of WeGoCar. If you want more information about cookies, visit the following address: http://www.allaboutcookies.org.

Modification of the Terms of Use

These Terms of Use represent the entire agreement between you and WeGoCar regarding your use of the Services. Any other document, including any mention on the Platforms (FAQ, Blog, etc.), has only informative value.

WeGoCar may be required to modify these General Terms of Use to adapt to its technological and commercial environment and to comply with current regulations. Any modification to these Terms of Use will be published on the Platforms with a mention of the update date, and you will be notified by WeGoCar before it comes into effect.

Force Majeure

WeGoCar is only obliged to perform its obligations to the extent that no force majeure event hinders them.

Applicable Law

These Terms of Use are drafted in Morocco and are subject to Moroccan law.

Legal Notices

The Platforms are edited and hosted on the servers of the company Covoiturage Maroc Sarl.

For any questions, you can contact Covoiturage Maroc Sarl via our email address: [email protected].