joinmyjourney.org Terms and Conditions for Users (“T&Cs”)
1 INTRODUCTION
1.1 'joinmyjourney' is an online notice board
facility for adult workers and students at participating businesses and
educational establishments to find each other and arrange journey sharing. 'joinmyjourney' does not charge users or
participating businesses or educational establishments (depending on the location) and has been created to
help people get journey sharing and save the planet!
1.2 joinmyjourney.org (“JMJ”) is a website created
and owned by Ecosurety Limited (registered in
England and Wales under no. 04713606) and operated for the participating
organisation. Please contact jmj@ecosurety.com if you have any
questions.
1.3 In these T&Cs:
(a) References to 'you', 'your', 'yours' and “User” are
references to persons accessing JMJ.
(b) References to the participating organisation are
references to the business or educational establishment who has requested that
their workers/students may join as Users of JMJ.
(c) References to 'we', 'us' and 'our' are
references to JMJ or Ecosurety as the context requires.
2 T&Cs
2.1 These T&Cs are important – please read them
carefully! These T&Cs apply to the entire contents of the JMJ website under
the domain joinmyjourney.org and to any correspondence by e-mail between us,
you and the participating organisation in relation to JMJ. We retain the right,
acting reasonably, to modify these T&Cs at any time and will notify you by
e-mail. It is your responsibility to check these T&Cs.
3 WHAT JMJ DOES DO AND DOESN'T DO
3.1 JMJ does:
(a) provide an online notice board facility on an
‘as is, as available’ basis for adult workers/students at participating
organisations to find each other and arrange journey sharing;
(b) rely on individual Users and participating
organisations to act appropriately, treat each other with mutual respect and
take responsibility for their own actions;
(c) require participating organisations to provide
an email address so that Users can report any problems with their workers;
(d) retain certain data about you to enable JMJ to
function as on online notice board and publish anonymous information about
carbon savings realised through journey sharing arranged through JMJ.
3.2 JMJ does not:
(a) provide screening or verification services with
regard to other Users or their vehicles;
(b) take any steps to safeguard your person or
vehicle;
(c) monitor JMJ, any communications through JMJ or
reports about Users or their vehicles;
(d) provide an online notice board for the general
public or anyone under 18 years;
(e) provide a transport service or advice on transport;
(f) make any promises that JMJ will be accessible at
any particular times or that you will be able to find other suitable Users;
(g) arrange, collect or enforce any contributions or
payment for journey sharing between Users;
(h) provide any insurance policy for you or make any
promises that using JMJ will not invalidate your own insurance policies;
3.3 JMJ’s liability and your liability are set out
at Clauses 7 and 8 below. Please read
these carefully.
4 WHAT YOU ARE RESPONSIBLE FOR
4.1 You are responsible for:
(a) reading and following our safety guidance;
(b) complying with these T&Cs;
(c) providing accurate information about who you are
in the registration form and on your account;
(d) ensuring that your account is not used by anyone
else. You may not share your account or
transfer it to anyone else;
(e) satisfying yourself that the User or Users and
their vehicles that you choose to travel with are suitable, as you would
normally do;
(f) taking normal steps to protect your identity and
property with regard to the User or Users that you choose to travel with, as
you would normally do;
(g) obtaining and maintaining insurance for your own
vehicle, your property and yourself. Making a profit through journey sharing my invalidate your insurance;
(h) arranging, collecting and enforcing any
contributions or payments for journey sharing with other Users;
(i) reporting any problems that you encounter with
other Users or if you suspect that someone else is using your account as soon
as possible.
5 OUR RIGHTS
5.1 We reserve the right to:
(a) Reject anyone who would like to become a User
for any reason without notice;
(b) Remove any existing User for any reason without
notice;
(c) Remove any participating business and related
Users for any reason without notice;
(d) Update, change, suspend or permanently close JMJ
without any notice.
5.2 You may leave JMJ at any time and for any
reason.
6 PRIVACY, DATA AND ACCEPTABLE USE
6.1 Our approach to the capture, storage, sharing
and use of information and data (including data supplied by you) is set out in
our Privacy Policy which can be accessed through a link at the bottom of the
JMJ webpages and forms part of these T&Cs. We
take the privacy and safety of Users very seriously, and are committed to
safeguarding their privacy. To that end we ask that Users take note of and follow
our Privacy Policy, basic guidelines and these T&Cs. We rely upon our Users
to behave well towards each other and with mutual respect and consideration and
take responsibility for their own actions and decisions.
7 LIMITATION OF LIABILITY
7.1 Except in respect of our liability for death or
personal injury resulting from our negligence or our fraudulent
misrepresentation or any liability that we are not legally permitted to exclude
(which is not limited or excluded in any way), we are not liable to you or any
third parties in any circumstances for any loss or damage whatsoever (whether
direct or indirect, including loss of profits, business interruption loss, loss
of opportunity or any consequential loss) whether caused by negligence,
misrepresentation, breach of statutory duty, or breach of contract or otherwise
arising from or relating to JMJ.
7.2 Without prejudice to the generality of 7.1
above, we shall not be liable for any consequences arising out of meetings
between Users, whether on JMJ or otherwise, or meetings between Users and/or
non-users as a consequence of the use of JMJ or otherwise.
8 YOUR INDEMNITY TO US
8.1 You agree to indemnify us, our holding
companies, our subsidiaries, our officers, employees, agents, representatives
and subcontractors against any and all claims, demands, costs, losses,
liabilities and expenses including legal expenses (on an indemnity basis)
arising out of or relating to your use of JMJ and any breach of these T&Cs.
9 MISCELLANEOUS
9.1 These T&Cs
(including the Privacy Policy and Website Terms) supersede all previous
agreements, promises and understandings relating to JMJ.
9.2 If any provision
(or part of any provision) is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions will continue in force.
9.3 You acknowledge
that you are an equivalent contracting party and the limitations in these
T&Cs are necessary and appropriate in order to allow us to provide the JMJ
free of charge to you.
9.4 You may not
assign, transfer and/or subcontract all or any of your rights and/or
obligations.
9.5 Nothing in these
T&Cs is intended to or shall operate to create any partnership, agency,
employment or joint venture.
9.6 A person who is
not party to these T&Cs shall have no rights under the Contracts (Rights of
Third Parties) Act 1999.
9.7 No party shall be
deemed to be in breach of the terms herein by reason of any delay in performing
or failure to perform any of its obligations as set out herein to the extent
that such delay or failure is due to a events reasonably outside the control of
that party.
9.8 No failure or
delay by a party in exercising any right or power under this Agreement shall
operate as a waiver. No single or partial exercise shall preclude any further
exercise.
9.9 If a dispute or
difference arising out of or in connection with these T&Cs or performance,
construction or interpretation cannot be resolved between you and us then you
or we may refer the dispute to an agreed mediator or a mediator selected by the
President Law Society.
9.10 This Agreement
shall be governed by and construed in accordance with English Law.
No checks are made of Users’ driving licences, authorisations or
vehicles (including roadworthiness, MOT certificates or insurance). You should exercise all due caution
and satisfy yourself that any vehicle in which they are travelling and the
person/persons that you are travelling with are suitable.
We strongly advise you to read and follow our basic
guidelines.
PLEASE TICK THE 'AGREE TO TERMS & CONDITIONS' BOX TO CONFIRM THAT YOU HAVE UNDERSTOOD AND AGREE TO
THESE T&Cs