FARE/SHARE TERMS OF USE 3 July 2011
PLEASE READ THESE TERMS OF USE CAREFULLY AND FREQUENTLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. DEFINED TERMS
“Application” the Fare/Share mobile handset application;
“Fare/Share” has the meaning set out in condition 2.2 below;
“Service(s)” the service provided through the Website and the Application for Users to arrange and share minicab and taxi journeys;
“Site(s)” the websites operated by GTC made available at www.fareshare.co.uk and, if applicable, m.fareshare.co.uk;
“Users” individuals who register on the Website to use the Service and the Application;
“we”, “us” or “our” Green Tomato Cars Ltd (company number 05276431), incorporated under the laws of England and Wales whose registered office is at Q West, 1110 Great West Road, Brentford, Middlesex, TW8 0GP; and
“you” or “your” any user of Fare/Share.
2. INTRODUCTION
2.1 We operate the Site and the Application in order to provide Users with access to the Service.
2.2 Use of the Site, Application and Service (together Fare/Share) is on the terms contained in this document (Terms) and our Privacy Policy (scroll to end).
2.3 If you do not agree to these Terms, stop using Fare/Share immediately. By accessing and using Fare/Share you are indicating your acceptance to be bound by these Terms. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on or through the Site and/or the Application about how Fare/Share operates and the services which are available.
2.4 We reserve the right to modify these Terms at any time without notice.
3. ACCESSING FARE/SHARE
3.1 We cannot guarantee that the Site or the Application will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of Site or the Application and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site, Application or any computer system, server, router or any other internet-connected device.
3.2 You are responsible for ensuring that your computer system and mobile handset meets all relevant technical specifications necessary to use Fare/Share and is compatible with the Site and the Application. You also understand that we cannot and do not guarantee or warrant that any content of the Site or the Application will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
3.3 We reserve the right, in our discretion, to withdraw, suspend or modify Fare/Share or certain features or parts of Fare/Share with or without notice to you, where we have reason to do so. There may also be times when the Site or the Application or certain features or parts of Site or the Application become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of Fare/Share or any service available on or through the Site or the Application.
4. BECOMING A USER
4.1 In order to use Fare/Share you must be a User.
4.2 If you become a User you will be required to choose your own user name (a User Name) and choose a four-digit PIN. The User Name you choose must not violate any applicable law, third-party rights or these Terms. Your User Name must not:
4.2.1 relate to another person or entity;
4.2.2 infringe any third party’s copyright, trademark or other intellectual property rights;
4.2.3 violate the rights or other natural or legal persons, or may violate such rights; or
4.2.4 have the potential to provoke or offend other Users such as vulgar or insulting names.
4.3 You must not attempt to:
4.3.1 create more than one User account;
4.3.2 (without our written permission) create a new User account where we disable your existing User account;
4.3.3 create a User account if you are under the age of 16;
4.3.4 use any other User’s account or post as someone else, or on behalf of someone else at any time; or
4.3.5 transfer your User account to anyone without getting our prior written permission.
4.4 You must treat your PIN as confidential, and you must not disclose it to any third party. We have the right to disable any User at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
4.5 You must immediately notify us of any unauthorised use of your User account.
5. USING FARE/SHARE
5.1 You must use Fare/Share and the information available from your use of Fare/Share responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
5.2 In using Fare/Share, you agree not to:
5.2.1 post, publish, distribute or disseminate material or information that is defamatory, false, misleading, infringing, obscene, indecent, threatening, abusive, harassing, unlawful or deemed to be incorrect by us;
5.2.2 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
5.2.3 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
5.2.4 upload pictures with content which is deemed to be undesirable or offensive by us;
5.2.5 collect or store personal information about others, including email addresses;
5.2.6 violate any applicable laws or regulations;
5.2.7 impersonate another person or entity;
5.2.8 misrepresent your affiliation with another person or entity;
5.2.9 upload, post, or otherwise transmit any content that infringes on the rights of a third party;
5.2.10 use or attempt to use any information obtained through Fare/Share in order to harm, abuse, harass, stalk, threaten, or intimidate another person or entity;
5.2.11 use Fare/Share to create or submit any unsolicited or unauthorized advertising, email, or other form of communication, or to promote commercial activities without prior written consent from us;
5.2.12 collect or store User information for commercial or unlawful purposes, or modify, adapt, hack or otherwise manipulate any part of Fare/Share;
5.2.13 interfere with, disrupt, or otherwise creating an undue burden on the Site servers or connected networks, or disobey any requirements, procedures, policies, or regulations of connected networks;
5.2.14 circumvent, modify, or otherwise interfere with any security technology or software that is part of Fare/Share;
5.2.15 use Fare/Share in any manner that furthers or promotes any criminal activity or enterprise or provides instructional information about unlawful activities; or
5.2.16 allow another person to use Fare/Share in any manner that violates these Terms.
5.3 In respect of any information, text, graphics, logos, photographs, images, moving images, sound, illustrations and all other content (“Content”) that you post through the Site or Application (including any feedback) you warrant that:
5.3.1 you own or otherwise control all of the rights to all Content;
5.3.2 to the extent that such Content includes photographs or other visual images you warrant that you have obtained the consent of the subject of such photograph or other visual image (or in the case of persons under the age of 18 their parent or guardian);
5.3.3 use of the Content will not cause injury to any person or entity; and
5.3.4 the Content is not defamatory.
5.4 Please choose carefully any Content you post through the Site or Application as it will be available for public viewing.
6. LICENCE TO USE CONTENT
6.1. If you do post Content through the Site or Application, and unless we indicate otherwise, you grant us and our subsidiaries and affiliates:
6.1.1. non-exclusive, royalty-free and fully sub-licensable rights to use, duplicate, disseminate, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media; and
6.1.2. the right to use the name that you submit in connection with such Content, if we or our affiliates so choose.
6.2 In relation to any Content you post or submit you agree:
6.2.1 that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such Content;
6.2.2 to waive your right to be identified as the author of such Content and your right to object to derogatory treatment of such Content and any other moral rights which may exist;
6.2.3 to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The Site, the Application and the Content (including without limitation the design, text, graphics and all software and source codes connected with the Site, the Application and the Service) are protected by copyright, trade marks and other intellectual property rights and laws.
7.2. Except as expressly set out in these Terms, nothing in these Terms shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, logos or other proprietary marks or any of the Content, in whole or in part, except as provided in these Terms.
7.3. In using Fare/Share you agree that you will use the Content solely for your own personal non-commercial use only for the purpose of utilising the Service. Except as otherwise expressly permitted under copyright law, none of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
7.4. “Fare/Share” and certain of our other logos or brand names on the Site and/or the Application are trade marks of or are licensed to us or our group companies and may not be reproduced without our express permission. Other organisations and company names referred to the Site or the Application may be trade marks of their respective owners as indicated.
8. TERMINATION
8.1. We have the right to terminate your access to any or all of the Site at any time, without notice, for any reason, including without limitation, breach of these Terms.
8.2. We may also at any time, at our sole discretion, discontinue Fare/Share or any part of it without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to Fare/Share.
9. ADVERTISEMENTS AND LINKS TO THIRD PARTY WEBSITES
9.1. The Site and/or the Application may include links to third party websites that are controlled and maintained by others.
9.2. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites.
9.3. The Site and/or the Application may contain advertisements, and is not responsible for third party advertisements or third party applications that are posted on the Site and/or the Application, nor is it responsible for the products provided by its advertisers.
10. INDEMNITY
You agree to indemnify us and our subsidiaries, affiliates, officers, agents and employees against all liabilities, claims and expenses and hold us harmless for all claims brought by any third party arising out of or in connection with a breach by you of these Terms and any claim or demand brought against us by any third party arising out of your use of Fare/Share and/or any Content submitted, posted or transmitted through the Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
11.1. Use of Fare/Share is at your own risk. The Site and the Application are provided on an “AS IS” and “AS AVAILABLE” basis.
11.2. We accept no liability in relation to Fare/Share and/or the Content, to the fullest extent such liability can be excluded by applicable law. All terms implied by law are excluded to the fullest extent permitted by law (including, without limitation, any implied warranties of satisfactory quality and fitness for a particular purpose).
11.3. In no event shall we be liable for any indirect or consequential loss or damage whatsoever including without limitation loss of business, opportunity, data, profits) arising out of or in connection with your use of Fare/Share and/or the Content.
11.4. Subject to condition 11.5, we shall have no liability to pay any money to you by way of compensation other than any refund we make under these Terms, limited to a total aggregate sum of one hundred pounds sterling (£100).
11.5. Nothing in these Terms shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
12. GENERAL
12.1. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
12.2. Any formal legal notices should be sent to us at the address set out in condition 18 below by email and confirmed by post.
12.3. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms.
12.4. These Terms shall be governed by and construed in accordance with the laws of England and any disputes shall be subject to the exclusive jurisdiction of the English courts.
13. CHANGES
13.1. If we change the Terms we will post the changes on this page and we may also place notices on other pages of the Site so that you can at any time check our current policy.
13.2. If we make any changes that may significantly affect the way we deal with your information, we will also e-mail you to notify you of the proposed changes, so that you may have your details removed from our records if you do not agree with the changes.
14. VIOLATIONS OF TERMS OF USE
Please report any suspected violations of these Terms to info@fareshare.co.uk
15. QUESTIONS
Please contact us at info@fareshare.co.uk with any questions regarding these Terms.
PRIVACY POLICY
1 Introduction
1.1 Green Tomato Cars Ltd (company number 05276431), incorporated under the laws of England and Wales whose registered office is at Q West, 1110 Great West Road, Brentford, Middlesex, TW8 0GP (we, us and our) are committed to protecting and respecting your privacy.
1.2 This policy (together with our website Terms and Conditions of Use (above)) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1.3 For the purpose of the Data Protection Act 1998, the data controller is us.
2 Information we may collect from you
2.1 We may collect and process the following data about you:
2.1.1 details of “transactions” you carry out through our website and/or m.fareshare.co.uk (the Sites);
2.1.2 information that you provide through your use of the Fare/Share mobile application and/or by filling in forms on the Sites, including, but not limited to, information provided at the time of requesting or subscribing to any service, posting material, or becoming a registered user or if you enter any competition or promotion sponsored by us;
2.1.3 information from surveys that we use for research purposes, if you choose to respond to them;
2.1.4 communications you send to us, for example to report a problem with or submit a comment regarding the Sites; and
2.1.5 details of your visits to the Sites, including, but not limited to, traffic data, location data and the resources that you access.
3 IP addresses and cookies
3.1 We may collect information about your computer including, where available, your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
3.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve the Sites and to deliver a better and more personalised service. They enable us to:
3.2.1 estimate our audience size and usage pattern;
3.2.2 store information about your preferences, and so allow us to customise the Sites according to your individual interests;
3.2.3 speed up your searches; and
3.2.4 recognise you when you return to the Sites.
3.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, you may be unable to access certain parts of the Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you use the Sites. The “Help” menu of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. For more information about cookies and how to stop cookies being installed or how to delete existing cookies from your hard drive visit the following website: http://www.allaboutcookies.org.
4 How we process and store your information
4.1 The data that we collect from you is processed by staff who work either for us or one of our group companies or for one of our service providers. Such staff may be engaged in, among other things, maintenance of the Sites, monitoring feedback and the provision of support services.
4.2 Your data may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA. By submitting your personal data, you agree to this transfer, storing and/or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
4.3 Where we have given you (or where you have chosen) a password which enables you to access certain features or parts of the Sites, you are responsible for keeping this password confidential. You must not share the password with anyone.
4.4 Unfortunately, the transmission of information via the internet or mobile handsets is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. Remember to close your browser when you have finished your user session. This will help to ensure that others do not access your personal information if you share your computer or use a computer in a public places such as a library or internet café.
5 Uses made of your information
5.1 We use information held about you in the following ways:
5.1.1 to carry out our obligations arising from any contracts entered into between you and us, for example to monitor any feedback;
5.1.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have indicated that you wish to be contacted for such purposes by post, email, SMS, telephone or other means of electronic communication;
5.1.3 to ensure that content from the Sites is presented in the most effective manner for you and for your computer and/or mobile handset;
5.1.4 to allow you to participate in any interactive features of our services, when you choose to do so; and
5.1.5 to notify you about changes to our services.
5.2 We may also use your data, or permit selected third parties to use your data, to provide you with information about third party goods and services which may be of interest to you and we or they may contact you about these, where you have indicated that you wish to be contacted for such purposes by post, email, SMS, telephone or other means of electronic communication.
5.3 If you do not want us to use your data for direct marketing purposes, or to pass your details on to third parties for marketing purposes, please check or un-check (as directed) the relevant box situated on the form on which we collect your data.
6 Disclosure of your information
6.1 We may disclose your personal information to any affiliated company within our group, to the extent necessary for the provision of the Services to you.
6.2 We may disclose your personal information to third parties:
6.2.1 in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
6.2.2 if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
6.2.3 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our website Terms of Use or Trading Terms or other agreements; or to protect our rights, property, or safety or those of our customers or other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7 Your rights
7.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking or un-checking (as directed) certain boxes on the forms we use to collect your data or by following the unsubscribe link on any marketing emails we send you. You can also exercise the right at any time by contacting us at info@fareshare.co.uk
7.2 The Sites may, from time to time, contain hyperlinks to and from internet sites operated by other organisations. If you follow a hyperlink to any of these sites, please note that they will have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to such sites.
8 Access to your information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee not exceeding £10 to meet our costs in providing you with details of the information we hold about you.
9 How to contact us
If you have any questions, comments or requests regarding this privacy policy, please feel free to contact us in any of the following ways:
by email at: info@fareshare.co.uk
by writing to us at: Green Tomato Cars Ltd, Suite 3.11, Q-West, 1110 Great West Road, Brentford, Middlesex, TW8 0GP, United Kingdom
10 Updates
We reserve the right to change this privacy policy from time to time by changing it on the Sites. This privacy policy was last updated on 3 July 2011.