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TERMS
AND CONDITIONS OF MEMBERSHIP OF SHAREAJOURNEY.COM
1. Definitions In these terms and conditions the following words have
the following meanings: "we, us, our, Shareajourney.com" Shareajourney.com
Limited (registered number 03937923) whose registered office is at 13 Portland
Road, Edgbaston, Birmingham B16 9HN "you, your" the
individual person who has become a member of Shareajourney.com through a
Corporate Member "Corporate Member" an
organisation, authority, body or otherwise that becomes a member of
Shareajourney.com for the purposes of arranging car sharing for its employees,
visitors, delegates, season ticket holders or parents of pupils "Guidelines" the
guidelines we may publish from time to time regarding your use of the Service "Membership Fee" the
annual fee payable by the Corporate Member to us for accessing the Service "Service" the
car share arranging service provided by us from time to time, details of which
are set out in the Website "Website" the
website operated by Shareajourney.com 2. General 2.1 These terms and
conditions are the only conditions under which we are willing to provide the
Service to you. These conditions can
only be modified as set out in these conditions or by a variation in writing
signed by a director of Shareajourney.com 2.2 We will from time to
time publish Guidelines on the use of the Service, which we will notify to
you. The Guidelines are in addition to
and are deemed to form part of these terms and conditions. 2.3 We reserve the right to
vary or amend these terms and conditions at any time. We will give you notice of any such variation. 2.4 These terms and
conditions (including any documents referred to within them) contain all the
terms on which we provide the Service to you.
They supersede any prior promises, representations (except fraudulent
misrepresentations), undertakings or implications made. 2.5 Where you are a private
consumer, nothing in these terms and conditions shall detract from your
statutory rights. 3. Membership 3.1 Access to the Service is
only provided to you as a member of Shareajourney.com and on condition that you
are an employee, visitor, delegate, season ticket holder or parent of a
pupil(s) of a Corporate Member. 3.2 Applications for membership must be made
using the application form on the Website. We reserve the right to decline
applications for membership in our absolute discretion and without any
obligations to give reasons. You will
only become a member when your membership is confirmed by the shareajourney
system. 3.3 Your access to the
Service is by user name and user password.
Your user password is secret and personal to you and must not be
disclosed to any third party in any circumstances. You must take all
precautions to prevent it being used by anyone else including: 3.3.1 never writing down your
user password in any way that someone else could easily understand; 3.3.2 never telling someone
else your user password 3.3.3 writing to us immediately
if you know or suspect that someone else knows your user password, so we can
issue a new user password to you 3.4 Corporate Members will be issued with a
Company Name and Company Password to enable their specific employees, visitors, delegates, season
ticket holders or parents of pupils to become individual members of Shareajourney.com. This Company Name and Company Password must
only be issued to such employees, visitors, delegates, season ticket holders or
parents of pupils and they are responsible for ensuring that it is not disclosed to
third parties. 3.5 Individual membership is
only open to persons over the age of 18. 4. Membership
Fees 4.1 There is no Membership
Fee for eligible individuals registering through a recognised Corporate Member. 4.2 The Membership Fee
applicable to the Corporate Member as notified by us to the Corporate Member is
calculated with reference to the size of and type of the Corporate Member. We
will invoice the Corporate Member with the Corporate Membership Fees. 4.3 If the Membership Fees
are not paid on the due date then we reserve the right to suspend the Corporate
MemberÓł and your access to the Service. 5. Termination 5.1 You can terminate your
membership of Shareajourney.com at any time by giving us notice in
writing. Unless we are in breach of our
obligations to you, you will not be entitled to any refund of the Corporate
Membership Fee paid by your parent organisation. 5.2
We
can terminate your membership of Shareajourney.com at any time on giving notice
to you if: 5.2.1 you commit a breach of
these terms and conditions 5.2.2 Corporate Members enter
into a voluntary arrangement with their creditors, become subject to an
administration order, have a petition presented or an order made for them
winding-up, have a receiver appointed over all or any part of their undertaking
or assets, go into liquidation or cease or threaten to cease to trade. 5.2.3 Corporate Members fail to
pay the Membership Fee when due 5.3 We reserve the right to
terminate your membership at any time and for any reason on giving not less
than 30 days notice to you. 6. Personal
Information 6.1 We will request certain
personal information from you in order to provide the Service to you. You are responsible for the accuracy and
truthfulness of such information and you warrant and undertake to us that all
such information is true and correct. 6.2 We will use your
personal information only for the purposes of providing the Service to
you. You agree that we may disclose
details of your e-mail address and basic journey details to other members of
Shareajourney.com for the purpose of arranging car sharing. We will treat your personal information as
confidential and we will not disclose it to any third party except with your
prior agreement or as required by law.
We are registered as a Data Controller under the Data Protection Act
1998 and your data will be processed subject to that Act. 6.3 We reserve the right to
request supporting documentation to verify personal information in our absolute
discretion. 6.4 You must notify us
immediately of any change in your personal details. 7. The
Service 7.1 We will do our best to
provide a quality service to you.
However we cannot guarantee to find a suitable car share for any member
or for any particular journey. 7.2 Where we provide you
with details of a car share it is your responsibility to decide whether or not
to proceed with the car share. This
arrangement is between you and the other member and except as expressly set out
in these terms and conditions or any Guidelines we have no control over the
terms of that arrangement. 7.3 We do not verify details
provided by members. Membership of
Shareajourney.com does not imply any approval or reference by us of the
member's character. Some Corporate Members will do additional status checks on
members logging journeys to their sites. 7.4 We recommend that where
a car share is arranged, the passenger pays to the driver a mileage rate in
accordance with the Guideline currently in force. This arrangement is between the members involved in the car share
and we do not accept any responsibility for the payment of or failure to pay
mileage. However if you experience
problems with payment we request that you notify us as soon as possible. Failure to pay mileage amounts to a breach
of these terms and conditions and will entitle us to terminate your membership
under clause 5.2. 8. Motor
Insurance 8.1 You are responsible for
taking out and maintaining with a reputable insurer adequate insurance for your
motor vehicle. 8.2 It is your
responsibility to check with your insurance company or broker (or any other
person, firm or company with an interest in your motor insurance) whether the
terms of your motor insurance policy permit car sharing. 8.3 We do not accept any
liability for any losses incurred by you resulting from or in connection with
your motor insurance 9. Our
Liability 9.1 Nothing in these
terms and conditions shall exclude or limit our liability for death or personal
injury caused by our negligence. 9.2 We do not accept
liability for any loss or damage arising from 9.2.1 your inability to find a
car share for any particular journey 9.2.2 the acts or defaults of
any member of Shareajourney.com 9.2.3 the invalidity of your or
any other member's motor insurance policy 9.2.4 the roadworthiness or
otherwise of any member's motor vehicle 9.3 We will not be liable if
we are unable to perform our obligations under these terms and conditions due
to the failure of any machine, data processing system or transmission link or
to any circumstances beyond our control (including but not limited to strike,
industrial action, war, fire, act of God or prohibition or enactment of any
kind). 9.4 Except as set out in
these terms and conditions, all conditions and warranties, express or implied,
as to the provision of the Service by us are expressly excluded to the fullest
extent permitted by law. 9.5 Except as set out in
these terms and conditions, we shall not in any circumstances be liable in
contract, tort, statute or otherwise for any direct, indirect or consequential
loss or for increased costs or expenses, or loss of profit, business,
contracts, revenues or savings howsoever arising which may be suffered by you. 9.6 Subject to clause 9.1 if
we are found liable to you our liability shall not exceed the total Membership
Fee paid by you to us. 9.7 You agree that given the
nature of the Service, the exclusions and limitations of our liability are
reasonable. 10. Copyright
and trademarks 10.1 All material on this
Website is the copyright material of Shareajourney.com Limited. All rights are reserved. The copying or adaptation of the material on
this Website or its incorporation into any other work by any means is
prohibited, except that you may print or download extracts of such material for
your personal use. You are not granted
any other rights in respect of copyrighted material. 10.2 All trade marks, service
marks and trading names on this Website are the property of Shareajourney.com
(or its licensor) and may not be used, reproduced, published, uploaded, posted,
transmitted, modified or transmitted in any way (other than for viewing the
Website or using the Service) except with our prior written consent. 11. Law These terms and conditions are
subject to English law and you and we submit to the exclusive jurisdiction of
the English courts. |
