joinmyjourney.org Terms and Conditions for Users (“T&Cs”)
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 firstname.lastname@example.org 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.
2.1 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
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.
9.2 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.
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