Terms and Conditions

These terms and conditions (hereinafter “Terms of Use”) regulate access to and use of the nabogo application and the website https://www.nabogo.com as well as the content and the functionality which are made available in connection therewith (hereinafter “nabogo” or “the app”).

By accessing and making use of nabogo, the user agrees to be bound by these Terms of Use, which establish the contractual relationship between the user and NG. It is hereby also a condition for any and all use of nabogo that the user agrees to be bound by the Terms of Use.

1. Purpose

1.1 The purpose of the nabogo platform is to facilitate carpooling agreements between users in areas where Nabogo ApS (hereinafter “NG”) and NG’s partners conclude agreements for this. Primary focus is to facilitate local carpooling for shorter everyday journeys, e.g. to and from work or college/university. The platform has been developed in collaboration with Vejle Municipality and the EU mobility project MAMBA.

2. Company information

2.1 Nabogo ApS, CVR-39404060, Lysholt Allé 8, 7100 Vejle, Denmark, ‘anders [at] nabogo.com’, +4571792244.

3. General information about these Terms of Use

3.2. The Terms of Use apply to users (hereinafter “User”) who have created a profile which gives access to nabogo via apps available on iOS, Android or the web.

3.3. The intermediation platform (nabogo) enables users to enter into a binding carpooling agreement; cf. these Terms of Use. A User who offers a lift is called a “Lift Provider”. A User who takes a lift as a passenger is called a “Lift Taker”.

3.4. Unless otherwise agreed directly and in writing between NG and the User, these Terms of Use govern the legal relationship between NG and the User and the legal relationship between individual Users. See in particular point 11.

4. Conditions for the creation of a user profile

4.1. It is a condition for the use of NG that any User who creates a profile is 16 years of age or over. Should NG discover that a User is under 16 years of age, their user profile will be deleted. NG cannot otherwise be held responsible for whether or not the User is 16 years of age or older.

4.2. The User guarantees that the data they have provided are correct, and that the provision of such data does not violate any applicable laws or third-party rights.

4.3. The User guarantees that the profile they have created is personal and not used by anyone other than themselves, this includes contact information such as e-mail and phone number. NG shall not be liable for loss caused by unauthorised use of the User’s login details where the User has acted negligently.

4.4. The User guarantees that use shall not inflict any indecent or criminal content upon NG, including the upload of computer viruses, programmes or other software onto the platform.

4.5. The User guarantees that they will not make use of data acquired via NG’s platforms or services for purposes other than those necessary in order to use NG for carpooling; cf. the description of purpose in point 1.

4.6. Upon registration, the User will receive confirmation that their user account has been created which will be sent to the email address provided.

4.7. By creating an account, the User agrees to receive service messages in compliance with the Danish Marketing Practices Act.

4.8. For support or troubleshooting on the platform, NG may need to access the User’s account on the platform. The User’s password is encrypted and in such cases, this will be performed without NG or NG’s employees or partners having the possibility to learn the User’s password.

4.9. The User guarantees that they will use the platform in accordance with the Terms of Use.

4.10. Users of NG’s platform may not use the platform for either direct or surreptitious advertising or for any other form of marketing.

4.11. The User guarantees that they use the platform as a private individual and not for any commercial purposes.

4.12. NG may delete a User’s profile without notice in case of breach of these Terms of Use or misuse of nabogo, and otherwise with reasonable notice. Any cash balance in the Wallet is paid out to the User’s bank account.

5. Conditions for use of the platform’s functionality

5.1. The User is obligated to use the platform in accordance with the description of purpose set out in point 1.

5.2. The User is responsible for the reporting and filing of any information, financial or otherwise, to the relevant authorities as required by applicable legislation.

5.3. If a request for a lift is still unanswered at the estimated arrival time, the request will be rejected automatically.

5.4. If the User, in their capacity as a Lift Taker or Lift Provider, cannot or does not intend to fulfill the agreement, the User is obligated to cancel the agreement using the app as soon as this becomes clear.

5.5. The lift agreement can be canceled by the Lift Taker or the Lift Provider up until the estimated arrival time.

5.6. After each completed lift, the Lift Taker and the Lift Provider will have the opportunity to rate each other on a scale of 1–5. A User’s average rating is visible to other users.

5.7. The User agrees to access their profile exclusively on devices that they legally own or lease. The User is prohibited from logging into their profile on devices not personally owned by them. This policy is designed to prevent unauthorized access and ensure that user profiles are not shared across multiple devices by different users.

5.8 Phone numbers are private and not publicly accessible. However, when a User initiates an interaction (e.g., requesting or accepting a ride), their phone number might be shared with receiving User for communication. Outside of these interactions, phone numbers remain private and inaccessible to others.

5.9 Users have the ability to communicate with each other through our platform’s messaging system. This feature is intended solely for discussions pertinent to carpooling arrangements. Users are prohibited from using the messaging system for unsolicited promotions, harassment, or any form of inappropriate content. Users are responsible for the content they share.

6. Specific terms for Lift Providers

6.1. At the time of agreement, conclusion and execution, the Lift Provider must have the legal and regulatory authorisation to drive the vehicle used to transport the Lift Taker or Lift Takers involved.

6.1.1. For rides in Denmark: When providing lifts in Denmark, the Lift Provider is required to ensure compliance with current legislation regarding taxi services and carpooling. For example, by ensuring that revenues from carpooling do not exceed the passenger’s share of actual expenses for the trip.

6.1.2 For rides in Norway: The Lift Provider is responsible for complying with the applicable regulations on carpooling, currently outlined in yrkestransportloven (lov-2002-06-21-45 lov om yrkestransport med motorvogn og fartøy). It is not permitted for the Lift Provider to operate passenger transport for payment with the aim of making a profit, cf. yrkestransportloven § 9. The vehicle used for carpooling cannot be registered for more than 9 persons, cf. yrkestransportloven § 9.

6.2. The Lift Provider must ensure at the time of agreement execution that the vehicle complies with applicable legislation.

6.2.1 For rides in Norway: The Lift Provider is responsible for ensuring that the vehicle complies with applicable legislation at all times during the execution of the agreement.

6.3. For rides in The Netherlands: When offering lifts, entering into agreements and executing agreements in the Netherlands, the Lift Provider is required to have valid liability insurance (W.A. verzekering). Responsibility for compliance with this requirement rests exclusively with the User.

6.4 For trips that include one or more passengers with accepted agreements, the Lift Provider must ensure the route specified for the trip is in accordance with the actual route driven.

6.5. Where local regulation or NG’s risk assessment requires it, a Lift Provider must complete identity, driver’s licence and/or vehicle verification before offering lifts or receiving transfers, and Users must share their location during a trip in order to carpool.

7. Prices

7.1. The price of a lift is based on a set rate per kilometer, which can be changed without prior notice.

7.2. Prices are quoted in the currency of the User and the price shown upon conclusion of the agreement shall apply irrespective of subsequent exchange rate fluctuations.

7.3. The price of a lift is paid in full to the Lift Provider. There are no administration fees or other costs associated with carpooling agreements.

7.4. Users must at all times adhere to the pricing which applies.

8. Payment options

8.1. Users have an account with nabogo (hereinafter the “Wallet”) which is used to make and receive payments for lifts.

8.2. The User can deposit cash in their Wallet using an online payments module which accepts common online payment methods.

8.3. Users can receive Credit in their Wallets in the form of an amount in the User’s currency via a promotional code. Credit can be used exclusively as payment for lifts and cannot be exchanged. Credit has an expiry date and can be used to request lifts up until the expiry date – even if the lift itself is completed after the expiry date.

8.3.1. NG reserves the right to reset or change the expiry date of the User’s Credit at any given time.

8.4. Users may earn loyalty points (“Points”) for completing certain activities in the app as determined by NG.

8.4.1. Points have no cash value, are non-transferable, and may only be used to claim rewards made available by NG in the app’s rewards store.

8.4.2. NG may change the rules for earning and redeeming Points, or discontinue the Points program, at any time without prior notice.

8.4.3. Points are personal to the User account and cannot be merged across accounts.

8.4.4. Fraudulent, abusive, or other misuse of Points may result in cancellation of Points and exclusion from the platform.

8.4.5. Points expire automatically at the end of the month falling 24 months after the month in which they were earned, or upon closure of the User account.

8.4.6. NG is not liable if specific rewards are unavailable, changed, or withdrawn.

8.4.7. Rewards claimed with Points are final and cannot be refunded, exchanged, or reversed.

8.4.8. NG is not responsible for errors in the displayed Points value of any reward. If a reward is offered at an incorrect Points value due to clerical, typographical, or system error, NG may cancel any related redemptions and reverse any affected transactions, even if the redemption has been confirmed.

8.5. Where offered, a valid commuter pass may be used as payment for lifts. The User must upload an image of the pass and keep it current. NG may check passes, reverse lifts paid with an invalid pass, and exclude the User in cases of misuse.

9. Payment for lifts

9.1. When requesting a lift, the amount is reserved in the Lift Taker’s Wallet until the lift is completed, then transferred to the Lift Provider’s Wallet. If the request or the agreement is cancelled, then the amount will be released in the Lift Taker’s Wallet.

9.2. Lift Takers can request a lift either by sending a request for a one-off lift via the app or by setting up a standing request which automatically requests the lift concerned each week. NG is not responsible for any unintended requests which are made from an automatic request.

9.3. If the User has the means to cover an agreement in their Wallet from several payment options, the fee will be covered by exhausting the options available in the following order as applicable to the individual User:

1. Commuter pass
2. Credit
3. Cash

9.4. Regardless of the payment method used, the Lift Provider always receives payment for the lift in cash in their Wallet immediately after the lift is completed.

9.5. The Lift Provider has the option (and the right) to accept an agreement with a Lift Taker without taking payment from the Lift Taker. In such instances, the Lift Provider will still receive any subsidies paid for by nabogo.

9.6. Receipts are not provided for transactions made in nabogo, however, the User can at all times access an overview of all their individual transactions in the app.

10. Transfers

10.1. The User can request the transfer of the cash in their Wallet into their bank account at any time. Amounts reserved for an activity cannot be transferred.

10.2. Disbursement of the balance will be made to the bank account designated by the User when the User requests this via the app. The money will be transferred to your account by the 14th of the following month.

10.3. It is the sole responsibility of the User to ensure that the bank account details provided are correct.

10.4. In circumstances where NG has reason to suspect a User has violated the Terms of Use, NG may withhold transfers while it investigates, for no longer than necessary.

11. Liability and disclaimer

11.1. NG is not responsible for agreements between Lift Providers and Lift Takers, including the conclusion, planning and execution of agreements.

11.2. NG is solely an intermediary offering an intermediation platform and NG assumes no responsibility beyond providing this intermediation.

11.3. NG shall bear no liability for any damage incurred during carpooling, and similarly NG shall not be liable for any loss of carpooling revenue.

11.4. NG does not have insurance which covers or extends to the activities mediated through the platform or Users of the platform.

11.5. NG shall not be held liable for the availability, failure or functionality of the intermediation platform including as pertains to viruses, technical errors and outages. NG may also make changes to nabogo at any time, including the availability of functions and content.

11.6. NG shall not be held liable for any financial loss, capital loss or consequential damages.

11.7. Nothing in these Terms of Use excludes or limits liability that cannot be excluded under mandatory law, including liability for intent or gross negligence, or the User’s statutory rights regarding the conformity of the service.

11.8. NG shall not be held liable for the conduct, behaviour, actions or guarantees of Users or for descriptions, information or links which are posted by Users.

12. Service delivery

12.1. NG’s service is completed when Users have entered into an agreement via NG’s app. This happens when the Lift Provider accepts a lift request from a Lift Taker.

13. Right of withdrawal

13.1. The Lift Taker and Lift Provider have no right of withdrawal insofar as that the agreement between the Lift Taker and Lift Provider is not covered by the right of withdrawal as defined in the Danish Consumer Agreements Act.

13.2. The User may withdraw from their agreement with NG within 14 days of creating a profile by writing to ‘anders [at] nabogo.com’. Any cash balance in the Wallet is refunded. Individual lift agreements are passenger-transport contracts and are not subject to withdrawal.

14. Inappropriate activity and misuse

14.1. Agreements which are paid for in full or in part by subsidies from NG (such as credit or distance discounts) can be cancelled at any time by NG without notice if these are deemed by NG to violate the Terms of Use.

14.2. Misuse of the scheme for purposes other than the intended purpose may result in exclusion from the platform.

14.3. If NG suspects misuse, cf. these Terms of Use, then NG may analyze the activity of the members on the platform.

14.4. NG reserves the right to refuse or cancel activities which are not deemed to fall within the description of purpose.

14.5. Users can report another User or a message by contacting support from the app. Reports are reviewed by NG staff; NG does not use automated content moderation. NG may remove content or restrict a profile that breaches these Terms of Use.

15. Data processing

15.1. In addition to these Terms of Use, NG’s Privacy Policy also applies.

15.2. The User is obligated to ensure that the personal data they provide to NG is always correct and up to date.

16. Complaints and dispute resolution

16.1. If the User wishes to file a complaint, we hope that the User will contact us in the first instance so that we may discuss the matter and hopefully reach a solution.

16.2. If the User wishes to lodge a complaint with the Centre for Complaints Resolution (Center for Klageløsning), Nævnenes Hus, Toldboden 2, 8800 Viborg, Denmark, they may do so via the following website: https://forbrug.dk/klagemuligheder/.

17. Amendments

17.1. NG reserves the right to amend or change these Terms of Use. Users will be given notice of changes, which do not apply to a User until the User has accepted them. A User who does not accept the changes may request deletion of their profile.

18. Law and jurisdiction

18.1. If one or several of the provisions in these Terms of Use is found to be unlawful, invalid or unenforceable, this shall not affect or impair the validity, lawfulness or enforceability of any of the other provisions contained herein.

18.2. Any disputes between NG and the Users are governed by Danish law. Unless mandatory consumer law provides otherwise, Kolding Court is the legal venue.