INTRODUCTION TO TERMS AND CONDITIONS OF USE
Our journey matching network connects you with people around you who want to travel more sustainably by travelling together. Users of the Liftshare.com website and facilities available through it (also referred to as Members) can add journeys and search for travel companions and arrange shared travel with other Members.
Liftshare.com is a website operated by Liftshare.com Limited. Liftshare.com Limited is a private limited company registered in England and Wales under company number 03968472. Our registered office is at 4 Duke Street, Norwich NR3 3AJ.
In these Terms and Conditions of Use:
Should you wish to contact Liftshare.com Limited please refer to the Contact Us menu which can be easily found on our website.
IMPORTANT LEGAL NOTICE
This legal notice applies to the entire contents of the website under the domain liftshare.com ("Website") and to any correspondence by e-mail between us and you.
Please read these Terms and Conditions of Use carefully before using the Website or becoming (or applying to become) a Member. By becoming a Member of the Website, you agree to be bound by and comply with the following Terms and Conditions of Use without modification. If you do not accept these Terms and Conditions of Use, you should neither use nor register with the Website. By registering as a Member of the Website and/or using the Website and/or accessing any of the Facilities you accept these Terms and Conditions of Use.
We retain the right to modify the Terms and Conditions of Use at any time. Any User may refuse the amendments proposed, however, continued use of the Services provided by the Website constitutes acceptance of the revised Terms and Conditions of Use. Members whom do not accept the amended conditions may simply close their accounts in accordance with our termination guidelines. It is the responsibility of the Member to check the Terms and Conditions from time to time.
Without prejudice to condition 10 of these Terms and Conditions of Use please note that:
TERMS AND CONDITIONS OF USE
DEFINITIONS USED IN THESE TERMS AND CONDITIONS OF USE
The definitions and rules of interpretation in this condition 1.1 apply to these Terms and Conditions of Use.
means the account registered to a Member on the Website, containing personal details relating to the account holding Member. The accuracy of account details remains the sole responsibility of the account holder.
means the Facilities and the Website the purpose of which is to facilitate on-line contact between individuals who want to travel more sustainably by travelling together and to facilitate the searching for travel companions and the arranging of shared travel.
means any or all of the facilities available to Members on or through the Website, including but not limited to search, booking, messaging and payment.
means any person registered on the Website and who has satisfied and completed all of the mandatory fields in the Website registration form (and "Membership" shall be construed accordingly).
means the facilities available to Members to enable them to pay and receive money for the purposes of but not limited to, booking, cancelling and paying for car sharing services
means an organisation that has purchased the licence to use a white-labelled version of the Liftshare.com website.
"Terms and Conditions of Use"
means the Internet website or mobile application operated by Liftshare, with the URL www.Liftshare.com.
Where we use the expression "including" this is to be construed as being immediately followed by the expression "without limitation". Consequently, any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Words appearing in the singular shall include the plural and vice versa.
Headings to conditions, paragraphs, policies and/or to any documents published and/or accessible through the Website do not affect the interpretation of these Terms and Conditions of Use.
On occasion we refer to a statute, statutory provision or subordinate legislation made under a statute. These references are to be construed as being to that statute, provision or subordinate legislation as amended or re-enacted from time to time whether before or after the date appearing at the top of these Terms and Conditions of Use as the last revision date. Where we refer to a statute, that reference includes any subordinate legislation made under that statute whether before or after the date of the latest revision of these Terms and Conditions of Use.
ELIGIBILITY, REGISTRATION AND YOUR ACCOUNT
In order to be able to register as a Member of Liftshare.com and use the website, you must be at least eighteen years old. Membership is otherwise invalid.
However, we understand there are particular circumstances in which a minor can get a lift without being accompanied by an adult or legal guardian.
If this is the case, the parents (or legal guardians) of the minor can make a booking directly from their profile. However, it is essential to inform the driver and ask for their approval beforehand to make sure they accept to give a minor a lift.
It is also necessary that the parents (legal guardians) or the driver have the appropriate safety equipment (a child seat or a booster) depending on the child’s age and size, in accordance with the law.
Click here to access a document to print in two copies and to be signed by both parties.
To become a Member of Liftshare.com you must complete the registration process, continued use of the Website represents acceptance to these Terms and Conditions of Use. Registration is necessary for anyone wishing to access and/or use the Facilities. Information provided must be current, complete and accurate in all respects. We have the right to refuse to grant you an account at our sole discretion. Liftshare accepts no responsibility for the inaccuracy of Member details.
Subject to our right of refusal referred to above, upon complying with the conditions imposed by the registration process, you will be asked to choose a user id and password. This information is strictly private and confidential and you are entirely responsible for ensuring that this is not communicated to or shared with any other person. We are entitled (but not obliged) to terminate your account at any time if we become aware that you have disclosed your user id and/or password to any other person. Please note that you are entirely responsible for your posted content.
We are not obliged nor do we have the technical means to carry out checks on the identity of every person registered to use Liftshare.com. The use of your account is expressly limited to you, and you are not entitled to transfer or share your account with any other person (temporarily or permanently). We are not liable if a Member's identity is used by another person. If for any reason, you have reason to believe that another person may be using your identification information or account you must inform us immediately by contacting us . To protect your privacy, we will suspend access or change access to your account as soon as possible following notification by you that your password has been lost, stolen or otherwise compromised.
You are entirely responsible for any and all statements made and activities that occur through your account.
You are responsible for all equipment (including but not limited to all computer, software, telephone, internet and other telecommunication systems) used to access the Facilities, together with any charges or costs incurred as a result of its use.
RIGHT OF CANCELLATION
Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you have the right to cancel your Membership accompanied by your right to access and use the Facilities within seven days of your acceptance of these Terms and Conditions of Use upon first registration as a Member. The agreement made between us and you as set out in these Terms and Conditions of Use will otherwise remain in full force and effect while you are a Member.
JOURNEY MATCHING AND SCOPE OF WEBSITE AND FACILITIES
The Website and/or the Facilities enable you to contact other Members with a view to sharing transport so that you can travel together and to search for travel companions. It is to help facilitate lift sharing arrangements between Members. The Website and/or the Facilities do not include arranging off-line meetings between Members, supplying access to the internet network, or providing an electronic communication service to the public. As such, we have no legal obligation to identify Members when they connect to the Website or to monitor content published by Members. Because we are unable technically to provide such services, we do not undertake contractually to identify Members or to moderate the content published by any of them (which remains their sole responsibility).
We shall not be liable for false declarations made by a Member. You are advised that whilst we may carry out some checks on Members we cannot guarantee the complete accuracy of the information supplied to us during registration. For the avoidance of doubt, no checks are made by us of Member's driving licences, authorisations, and vehicles (including whether they are roadworthy and/or whether current MoT certificates and/or insurances are held). You are strongly advised, therefore, to exercise caution and to satisfy yourself that the person or persons with whom you may travel are suitable and where you propose to be a passenger in a car driven by them (or some person authorised by them) as to the validity of their (or the driver's) driving licence, insurances and any MoT certificates required for their vehicle (as appropriate). Therefore, it is imperative that you carry out all necessary investigations of your fellow travellers when arranging to share travel arrangements and transport. You must also take all relevant precautions when arranging to meet with another Member.
We shall not be held liable for any consequences arising out of meetings between Members, whether on the Website, through any of the Facilities or in person during meetings between Members and/or non-Members as a consequence of the use of the Website and/or other Facilities. In addition, it is recommended that you tell someone who you trust when you arrange a meeting with another Member and that you arrange to meet in a public place initially.
RULES OF BEHAVIOUR
Liftshare.com is designed to accommodate a diversity of interests and opinions. However, Members must conduct themselves in an appropriate manner. Liftshare.com may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm our business interests, constitute a criminal offence, exploit children and/or vulnerable adults, violate rights of others, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any group or participant, which in our sole judgement, breaches this condition and/or breaches the undertakings and/or obligations set out in conditions 5.3, 5.4 and 5.5 below. Please read our guide to Car Sharing Etiquette and Members can also refer to our FAQ's for guidelines, tips and simple answers as to how it all works.
Without prejudice to condition 13 (Termination) below, Members undertake not to use any of the Facilities (including the Website):
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm any person (including minors and/or vulnerable adults) in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with condition 5.5 below;
to advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and facilities;
to transmit, or procure the sending of, any unsolicited or authorised advertising or promotional material or any other form of similar solicitation;
to knowingly transmit any data, send or upload any material or information that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
to harvest, aggregate, mine, copy or otherwise collect information about others, including but not limited to names, email addresses, passwords, telephone numbers, usage information without their consent; and
to attempt to gain unauthorized access to, tamper with, modify, or hack into any of the Facilities (including the Website).
You also undertake:
not to reproduce, duplicate, copy, or sell all or any part of the Website and/or the Facilities.
not to access without authority, interfere with, damage or disrupt:
all or any part of the Website and/or the Facilities;
all or any equipment or network on which the Website and/or any of the Facilities is stored;
all or any software used in the provision of the Website and/or any of the Facilities; or
all or any equipment or network or software owned or used by any third party.
to use your user id and/or password solely for the purpose of your authentication for access to the Website and/or the Facilities. For the avoidance of doubt, you are prohibited from creating a Membership id/profile using a false identity for the purpose of misleading others (including us) of your identity or to impersonate another person; and
to use the Website and/or the Facilities in accordance with the purpose set out in these Terms and Conditions of Use.
Without prejudice to condition 13 (Termination) below, you undertake to comply with the following obligations in relation to the content of the material which you may from time to time contribute to and/or upload onto the Website and/or the Facilities:
to ensure that all content posted, published, uploaded, disseminated and/or broadcast in any form whatsoever is accurate, genuinely held and complies with applicable and prevailing law from time to time both in England and (where not posted, uploaded, disseminated and/or broadcast in England) in the country from which it is so posted uploaded, disseminated and/or broadcast;
not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that contravenes the rights of any other person or that is defamatory, obscene, injurious, offensive, hateful and/or inflammatory, violent and/or inciting violence, sexually explicit and/or promotes sexually explicit material, political or fraudulent, and, in general, any content that is contrary to the purpose of Liftshare.com, prevailing laws or rules and/or prevailing acceptable norms and standards;
not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation and/or age;
not to post, publish, disseminate, upload, broadcast and/or reproduce any information protected by copyright, trademark and/or other intellectual property or proprietary information and/or do anything which may infringe any copyright, database right, trade mark and/or other intellectual property of any other person, without first obtaining prior written consent of the owner of such proprietary works/information. For the avoidance of doubt and without any warranty that this is permitted and/or authorised, only public domain files, and files in which the author has given you express consent to copy and redistribute on-line or otherwise, may be uploaded to the Website and/or the Facilities, including any software files or libraries;
not to post, publish, disseminate, broadcast and/or knowingly cause to be posted, disseminated, and/or broadcast in any form whatsoever content or links to third-party websites which constitute or promote a criminal offence, give rise to civil liability, promote any illegal activity and/or otherwise violate any local, state, national, or international law;
not to post, publish, disseminate, upload and/or broadcast in any form whatsoever content that is likely to deceive, harass, upset, embarrass, alarm or cause annoyance, inconvenience or needless anxiety to any person;
not to post, publish, disseminate, upload and/or broadcast in any form whatsoever content to impersonate any person or to misrepresent your identity or affiliation with any person;
not to post, publish, disseminate and/or broadcast in any form whatsoever content which advocates, promotes and/or assists any unlawful act such as (by way of example only) copyright infringement and/or computer misuse;
not to post, publish, disseminate or broadcast in any form content which could violate the privacy, proprietary and/or other rights of any person or entity, including any personal information provided by another Member (including their email address, postal address, telephone number) which would enable a Member to contact another Member without using Liftshare.com;
not to post, publish, disseminate and/or broadcast in any form whatsoever content in breach of any legal duty (including any contractual duty or a duty of confidence owed to any other person);
not to express and/or imply that any statements you make are endorsed by or emanate from us and/or the Website without our specific prior written consent.
Failure on your part to comply with all or any of the obligations and/or undertakings set out in clauses 5.3, 5.4 and/or 5.5 above will constitute a serious breach by you of your obligations to us and/or under these Terms and Conditions of Use. If you breach one or more of these obligations and/or undertakings, the without prejudice to condition 13 (Termination) below we shall be entitled to take all or any of the following steps:
immediate, temporary or permanent withdrawal of your right to use the Website;
immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
issue a warning to you;
commence legal proceedings against you including for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administration and legal costs) resulting from your failure to so comply.
commence further legal action against you;
disclose such information to law enforcement and/or other competent authorities as we may reasonably feel is necessary.
The steps described in condition 5.5 above are not exhaustive, and we may take any other action which we deem to be appropriate acting in our absolute discretion.
ACCESS TO THE WEBSITE AND THE FACILITIES
Access to the Website and/or the Facilities is provided on an "as is, as available" basis. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of the Website and/or the Facilities with or without prior notice to you. We shall not be liable to you or to any other person if, for any reason, all or any part of the Website and/or the Facilities are unavailable at any time and for any period (including in the event of their total or partial discontinuance by us).
You are responsible for making all arrangements necessary for you to have access to the Website and/or the Facilities. Without prejudice to condition 2.3, you are responsible for ensuring that all persons who access the Website and/or the Facilities through your internet connection are made aware of these terms, and that they comply with them.
We give no warranty that the Website and/or the Facilities and/or any graphics or other content you may download from time to time from the Website and/or the Facilities will meet your requirements, and/or that the Website and/or the Facilities will be uninterrupted, timely, secure, or error free; nor do we give any warranty as to the results that may be obtained from the use of the Website and/or the Facilities and/or as to the accuracy or reliability of any information obtained through all or any of the Website and/or the Facilities or that defects in all or any of the Website and/or the Facilities will be correct.
We aim to update the Website and/or the Facilities regularly, and may, at any time, change the content and/or archive or delete any of the journeys on the Website and/or the Facilities which are older than 6 months. If the need arises, we may suspend access to the Website and/or the Facilities and/or close it or them indefinitely. Any of the material on the Website and/or the Facilities may be out of date at any given time, and we shall be under no obligation to update such material.
We are under no obligation to oversee, monitor, review or moderate discussions, chats, postings, transmissions, and groups. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or any Facilities by a Member in contravention of condition 5.5 of these Terms and Conditions of Use.
Liftshare will not host the Member's data on a server located outside the European Economic Area (the "EEA").
With the exception of any pre-existing intellectual property rights in any trademarks, logos, graphics and text or other intellectual property rights owned by a Client, which remain the exclusive property of a Client, the trademarks, logos, graphics, animations and text used within the Facilities and those featured on the Website are our intellectual property ("Liftshare IPR") and, as such, the Website pages (or any part of them), the Facilities and/or elements of the Facilities may not be copied, reproduced, modified, published, disseminated, transmitted, used, licensed, represented, exploited for commercial gain and/or distributed in any form whatsoever, without our express written permission.
Any rights of use of any Liftshare IPR that may be granted by us to you are strictly limited to accessing, downloading, printing and reproduction on all media (including hard disks & removable storage media such as USB memory sticks, memory cards, CD / DVDs etc.) and to use of these documents for private and personal purposes only in the scope of and for the duration of the Member's membership of the Website. Any other use by the Member is strictly prohibited without our express written authorisation.
When you upload content, you hereby grant (and represent and warrant that you have the right to grant) to us a royalty-free, non-exclusive, non-transferable licence (together with the right to grant sub-licences) to use, copy, reproduce, represent, adapt, modify, translate, scan, sub-licence, assign, transmit, and/or create derivative works to any and all content, information, data, images and/or materials you publish, upload, post on, disseminate, broadcast and/or distribute on and/or through the Website and/or the Facilities, solely to the extent necessary to perform the services of the Website ("Your Content"). Any and all member data (such as name, address and e-mail address) that is collected through any Member registration process or otherwise shall be owned by Liftshare.
You hereby expressly authorise us to modify Your Content in order to conform to the look and feel of the Website and/or the Facilities and/or communications media used by us and/or to make Your Content compatible with any technical processes or appropriate media formats.
The rights referred to in condition 8.3 and condition 8.4 are worldwide and exist for the entirety of the agreement between us as described in these Terms and Conditions of Use.
You must not copy, reproduce or otherwise use for any purpose whatsoever any content relating to other Members except to the extent required for the purpose for which Membership of the Website is expressly permitted as described in these Terms and Conditions of Use.
UPLOADING CONTENT TO THE WEBSITE
Whenever you make use of a feature that allows you to upload any content, information, data, images and/or materials to the Website or to make contact with other Members, you must comply with the Rules of Behaviour set out in these Terms and Conditions of Use. In carrying out any uploading of any content, information, data, images and/or materials to the Website and/or the Facilities you warrant that you have complied with the Rules of Behaviour and you agree to indemnify us for any breach of that warranty.
Any content, information, data, images and/or materials you upload to the Website and/or the Facilities will be considered non-confidential and non-proprietary and, without prejudice to condition 8.3, we have the right to use, copy, distribute and disclose to any other person any such content, information, data, images and/or materials for any purpose. We also have the right to disclose your identity to any person claiming that any content, information, data, images and/or materials published, uploaded, posted on, disseminated, broadcast and/or distributed on and/or through the Website and/or the Facilities constitutes a violation of their intellectual property rights, their right to privacy or any law.
We shall be entitled to remove any content, information, data, images and/or materials you upload to and/or posting made on the Website and/or the Facilities if, in our opinion, such material does not comply with the Rules of Behaviour set out in these Terms and Conditions of Use. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Member of our Website.
LIMITATION OF OUR LIABILITY TO YOU
We shall have no responsibility for any personal or financial consequences, which result from the use of the Website and/or the Facilities. Liftshare is in no way responsible for the services and their fitness for purpose as provided by other Members of the Website including any responsibility for cancellation of agreements between Members.
The material displayed on the Website and/or the Facilities is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the fullest extent permitted by law, we and any and all third parties connected to us (including our employees, officers, agents, representatives and/subcontractors) hereby expressly exclude:
any and all conditions, warranties and other terms (including any and all express or implied warranties) which might otherwise be implied by statute, common law or the law of equity;
any and all liability for any direct,
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted time, whether caused by tort (including our negligence), breach of contract, breach of statutory duty or otherwise, even if any such loss and/or damage is reasonably foreseeable.
indirect and/or consequential loss or damage; incurred by you in connection with the use, inability to use, or arising (directly or indirectly) from use of the Website and/or the Facilities, any websites linked to either of them and/or any content, information, data, images and/or materials published, uploaded, posted on, disseminated, broadcast and/or distributed on and/or through the Website and/or the Facilities.
You acknowledge and agree that neither we nor any of our employees, officers, agents, representatives and/subcontractors endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website and/or any of the Facilities by us, by any of our partner organisations, by any Member and/or by any other person or entity. We shall not be responsible or liable for the content of such materials and/or the conduct of Members (whether offline or online). You are strongly advised to use caution and common sense when using the Website and/or the Facilities and in meeting people following contact made through the Website and/or the Facilities.
You acknowledge that we and our employees, officers, agents, representatives and/subcontractors do not pre-screen content, but that we (and those authorised by us) have the right (but not the obligation) in our sole discretion to refuse, edit, move and/or remove any content that is made available on or through the Website and/or the Facilities.
We do not control content posted on and/or disseminated through the Website and/or the Facilities and, as such, do not guarantee the accuracy, integrity or quality of any such content. You understand that by using the Website and/or the Facilities, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content including for any errors or omissions in any content and/or for any loss and/or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise disseminated and/or transmitted through the Website and/or the Facilities.
If you order goods and/or facilities from anyone other than Liftshare.com Limited whether through any commercial Liftshare.com website and/or services accessible through the Website and/or the Facilities, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the goods or facilities in question. You are solely responsible for fulfilling any contractual, e-commerce or other obligations you assume using the Website and/or the Facilities. We give no warranties or representations whatsoever with regard to any goods or facilities provided by the seller of the goods or facilities and shall not be liable for any costs and/or damages arising (directly or indirectly) from the goods and/or facilities ordered and/or from any actions or inactions of the seller of any of those items.
We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
Nothing in these Terms and Conditions of Use shall exclude or limit our liability for (a) death or personal injury caused by negligence; (b) fraudulent misrepresentation or misrepresentation as to a fundamental matter; or (c) any other liability which cannot be excluded or limited under applicable law.
YOUR INDEMNITY TO US
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 (excluding indirect and consequential losses), liabilities and expenses including legal expenses (on an indemnity basis) arising out of or relating to:
your use of the Website and/or the Facilities;
any part or all of Your Content;
any breach of these Terms and Conditions of Use including any abusive or unlawful behaviour on your part or by any person for whom you are responsible; and/or
breach of any warranty or representation given by and/or on behalf of you.
LINKS TO OTHER WEBSITES
Please note that links to websites created and/or maintained by organisations other than ourselves are available on or through the Website and/or the Facilities. However, we cannot accept any liability for the accuracy or content of such other websites and we do not necessarily endorse the views expressed within any of them. We will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services on or through any such website or service. We cannot guarantee that these links will operate all of the time and we have no control over the availability of any linked pages.
We may close your account on the Website and/or the Facilities at any time without cause, or if we believe, in our sole discretion, that you have violated any of the Rules of Behaviour set out in these Terms and Conditions of Use. We may also immediately terminate your Membership and right to access and/or use the Website and/or the Facilities if:
you breach the agreement made between us as set out in these Terms and Conditions of Use;
we are unable to verify or authenticate (should we choose to do so without being obliged to do so) any information you provide to us or you fail to provide, when requested, at our sole discretion, sufficient proof of your identity through legal documents such us a valid driving license or passport
any information which you provide to us is inaccurate;
we decide, in our sole discretion, that you have abandoned your account; or
we decide, in our sole discretion, to discontinue operating, maintaining and/or offering all or any of the Website and/or the Facilities.
you act in a manner which we decide, in our sole discretion, to be fraudulent and/or contravene any applicable anti money laundering legislation.
you breach the terms of conditions of our payment service provider as detailed in our Payment Services
We shall not be liable to you or any third party for termination of the Website and/or all or any of the Facilities.
Termination of your Membership and/or any closure of your account by us shall be without prejudice to any other rights and/or remedies that we may have including any and all claims under any indemnity set out in these Terms and Conditions of Use and/or any and all claims for damages in respect of any loss suffered as a result of breach of any of these Terms and Conditions of Use by you.
You may at any time and with or without cause terminate your registration with the Website and the Facilities and your Membership by cancelling your account via your 'Account' page and notifying us of that cancellation and only after satisfying the conditions of the Payment Services. In cancelling your account, you agree to comply with our conditions for termination which may include but are not limited to removing any outstanding bookings and returning your account to a zero balance.
In the event of termination of your Membership you will remain obligated not to violate the rights and/or privacy of any person or entity with respect to any materials you may have received or downloaded through and/or from the Website and/or the Facilities.
VARIATIONS TO TERMS AND CONDITIONS OF USE
The information, material and/or content provided in the pages of the Website and/or the Facilities may be changed at any time and from time to time without notice. We may revise these Terms and Conditions of Use at any time without prior notice by amending this page. Our payment partners may also amend their Terms and Conditions of Use any time and from time to time without notice as detailed under our Payment Services. You agree that you will check this page on the Website on a regular basis to take notice of any changes that are made, as they are binding on you. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on our Website.
ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS
These Terms and Conditions of Use, and the pages on the Website and/or the Facilities to which these Terms and Conditions of Use refer, constitute the entire agreement between us. They cancel and supersede all prior understandings, proposals, agreements, negotiations, and discussions between us whether written or oral.
If any provision (or part of any provision) of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in anyway.
No forbearance, delay or indulgence by either of us in enforcing our respective rights shall prejudice or restrict those rights. Neither of us shall be deemed to have waived any of our respective rights under these Terms and Conditions of Use because of our respective failure or delay in exercising that right.
You may not assign, transfer and/or subcontract all or any of your rights and/or obligations under the agreement between us set out in these Terms and Conditions of Use which are personal to you and any attempt on your part to the contrary is void. The agreement made between us as evidenced in these Terms and Conditions of Use shall inure to the benefit of and be binding upon each of our successors and assigns.
Any notice required or permitted to be given to you by us under these Terms and Conditions of Use shall be delivered by electronic mail to the email address provided by you during registration on the Website or as required under applicable legislation.
RIGHTS OF THIRD PARTIES
A person who is not a party to the agreement between us has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of these Terms and Conditions of Use.
JURISDICTION AND GOVERNING LAW
These Terms and Conditions of Use and the agreement made between us are governed by and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms and Conditions of Use or in connection with and/or arising from any use of the Website and/or the Facilities.
If you have any concerns about any material whatsoever which appears on the Website and/or the Facilities, please contact firstname.lastname@example.org .
If you believe that any communication made through or on the Website and/or any of the Facilities infringes any legal rights that you may have or is in breach of any of these Terms and Conditions of Use (including the Rules of Behaviour) or know of or suspect any unauthorised posting of or attempt to post any communications, you should notify us immediately with specific details by email at the following address: email@example.com .
You agree to comply with all reasonable requests from us, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Website and/or the Facilities.
INFORMATION WE GATHER AND TRACK
We gather two types of information about Members: data that Members provide through optional, voluntary registration and data gathered through tracking information derived mainly by tallying page views and journey plan posts throughout the Liftshare Network. Such information enables us to improve the tailoring of our features and content to Members' needs and to help our clients better understand the demographics of our Members.
We currently gather Member information in the following processes:
the Website offers free, voluntary registration to Members. By registering, Members can enter journey plans, post new journey plans and reply to existing journey plans, book and pay for journeys; they can take advantage of personalization (the ability to filter matches according to a user-supplied criteria); and they have the ability to edit existing journey plans.
During registration you are required to supply information including but not limited to your name, age, gender, an email address and telephone number. You may also be asked optional questions. Additional questions may also be asked if you are joining a Client scheme, such a car registration number, employee number, company name.
Occasionally, we conduct Member surveys to understand better the needs of our audience in order to improve our features. We sometimes share the aggregated demographic information in these surveys with our clients or partners. We never share any information about a specific Member gathered in a survey with any third party without that Member's express consent.
Usage & Tracking
The Website tracks Member traffic patterns throughout its network. This information may be used to help personalize the Website or target advertising. We also break down overall usage statistics according to a Member's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every Member's browser). We also use third party providers including Google Analytics to help us improve our Services.
When you register, the Website uses a cookie to store a unique, random user ID.
USE OF THE INFORMATION
We use information given by our Members to show their journeys to individuals searching for potential matches and to enhance their experience, whether to provide interactive or personalised elements on the network, or to better prepare future features based on the interests of our Members.
We use your email information to provide more journey matching features. At a Member's request we will send out emails notifying the Member of replies to specific journey postings. We also provide the option for the Member to allow other Members to respond to postings directly via their email. We may also send you email notifications of specific changes to the Website and/or Facilities. We never share individual email addresses, telephone numbers or postcodes with any third parties, including advertisers or partners, without prior consent from the relevant Members, other than in provision of Services on our Website.
If you provide your mobile number, this may be viewable by other members.
We use your data to create aggregate reports and carry out analysis on Member demographics and traffic patterns for our clients and carefully selected third party partners in order contact Members and to improve our Services. This allows our client and partners to operate more effectively, and allows our Members to receive information and Services that are pertinent to their needs.
SHARING OF THE INFORMATION
We use the above-described information to tailor our content to suit your needs, to help our clients and partners better understand our Members' demographics and to improve our Member experiences. We do not share individually identifiable information about specific Members with any third party without prior consent from that Member. We do not, however, control the practices of our partners. If you have questions about how our partners and/or your administrator, uses information about you please contact them directly (we will divulge information only as necessary to comply with English law).
To help Members increase their chance of connecting with others travelling their way we may share summary journey information for journeys that Members have chosen to register onto the public Liftshare network with other websites via an API and in our quick search tools. The information shared with non-Members will only include information for which the Member has given prior consent.
We may also share your information in the event that the ownership status of Liftshare changes through a merger, acquisition or sale of the company's assets. Consenting to our Services, allows us to share your information with Liftshare entities.
We offer Members the ability to correct or change the information collected during their registration process (see above). The instructions for doing this can be found by clicking on the 'Account' link on the Website. Members may change this information at any time and as often as necessary. Members may also delete their account at any time by clicking on the 'Account' link on the Website. Members who are experiencing problems or who have any questions can contact us at firstname.lastname@example.org .
Liftshare.com Ltd is registered on the Data Protection Register (Registration number: Z5010286)
Subject Access Request
Under Section 7 of the Data Protection Act, 1998 (DPA) an individual has the right to request copies of all their personal data known as a subject access request (SAR).
In order to get a copy of their personal data, an individual has to make a request in writing, provide sufficient information to identify themselves and the information they are seeking and the necessary fee (the Act allows a Data Controller to charge up to £10 for a request).
SAR forms should be completed by the individual and returned to the Data Protection Administrator at Liftshare.com Ltd, 4 Duke Street, Norwich NR3 3AJ
Liftshare.com Ltd will acknowledge all SARs within 5 working days
Liftshare.com Ltd will respond to a SAR within 40 calendar days of the required documents and fee being submitted
All SARs will be treated in the strictest confidence and will only be processed by authorised Liftshare.com staff in order to locate the information and process the SAR
Only information which is considered to be personal data will be released under a SAR. The anonymity of other individuals or other information which is not considered to be personal data may be protected, as appropriate, by redaction or omission in accordance with the DPA.
Requesting information on behalf of another individual
In order to request information on behalf of another individual Liftshare.com Ltd requires proof that you are acting with the authorisation of that individual. Therefore, some additional information is required.
If you are acting on behalf of another individual a written request must be submitted along with the statutory £10 fee, signed authorisation confirming the data subject's consent to the agent acting on individual's behalf, and evidence of the identity of the data subject.
The Website enables Members to reciprocally post reviews relating to their car sharing experiences, both in a positive and negative aspect. Liftshare retains the right to post, monitor and remove reviews relating to Members as deemed appropriate in delivering Services to the community of members.
OUR CANCELLATION POLICY
Use of the Website and Services constitutes acceptance of our Cancellation Policy as detailed below. For further guidance on what to do when a request to share or booking goes wrong please endeavour to resolve the booking with the other Member. We strongly recommend that you read our FAQ's in relation to booking and payments.
In the event of a cancellation, the passenger will be reimbursed in full.
Where possible, disputes in relation to booked journeys should be addressed by the appropriate Members, please refer to our FAQ's or Members can notify us immediately with specific details by email at the following address: email@example.com.
Liftshare accepts no liability for disputes between Members and by using our Services, you agree to waive any claim you may have against Liftshare and indemnify us for any liability or losses, direct or indirect, we incur as a result of any disputed journeys.
OUR PAYMENT SERVICES POLICY
Liftshare offers Members the opportunity to book and pay for seats through its car sharing platform. Payments between Members are in part facilitated by use of a payments solution partnership. Liftshare acts as a Distributor of Electronic Money as defined in The General Terms and Conditions of Use of the Electronic Money which form part of the Terms and Conditions of Use of Liftshare Services.
Members using Liftshare’s Website and Services to offer, book and/or pay for journeys on the Website are automatically governed by the General Terms and Conditions of Use of the Electronic Money. Members should ensure that they read these terms and check for updates to those terms from time to time as updates are automatically enforceable through continued use of Liftshare’s Payment Services. The above constitute but do not limit the scope of our “Payment Services”.
Upon successful completion of a journey, our fees and those of our payments partner are deducted from the price paid by the Member booking journeys. These fees are subject to the discretion of Liftshare and can be found on our Website. Updates are automatically validated from the time of first publication on our Website.
IMPORTANT: in order to process cash-out requests, users are required to own and enter British bank account details.
Members not wishing to adhere to these terms should not continue to use the Services provided and follow guidelines contained therein in relation to closing your account. The General Terms and Conditions of Use of Electronic Money covers, but is not limited to the following; Registration, Account Functioning, Rules on Money Laundering, Liability and Exclusions, Fee’s, Personal Data, Commitments of Users and Amendments and Termination.
This agreement is important and you should read it carefully. It creates a legally binding agreement between you (hereinafter referred to as “You” or the “User”) and MANGOPAY S.A. (hereinafter referred to as the “Issuer”) relating to the use of Electronic Money issued by MANGOPAY S.A. as a means of payment on the Website.
MANGOPAY S.A. is a public limited liability company incorporated under Luxembourg law, with a share capital of 2.000.000 euros. The Issuer is listed under number B173459 in the Luxembourg Trade and Companies Register. The Issuer is authorised to conduct its business in certain European Member States under the freedom of establishment, as an electronic money institution approved by the Luxembourg Financial Sector Supervisory Commission, whose address is at 110 route d’Arlon L-1150 Luxembourg and whose website is at: www.cssf.lu.
You can contact the Issuer at its registered offices, which are at 59 Boulevard Royal, L-2449 Luxembourg, or by email at: firstname.lastname@example.org.
References hereinafter to the “Parties” are a reference to you and the Issuer.
Please carefully read these General Terms and Conditions for the Use of Electronic Money and the Financial Conditions communicated to you on the Website before accepting them.
For the purposes hereof, the words here after are defined as follows:
Account: Means an internal reference allowing the Issuer (i) to identify in its records each transaction involving the purchase, use and reimbursement of Electronic Money carried out on behalf of a User, and (ii) to determine the amount of Electronic Money available to the User at any time. The Account may under no circumstances be compared to a deposit account, a current account or a payment account.
Banks: Credit institutions that hold funds collected by the Issuer corresponding to the Electronic Money in circulation. The institutions selected are currently Barclays, Crédit Mutuel Arkéa and ING Luxembourg. The Issuer reserves the right to select any other credit institution based in a European Union Member State or in a State party to the agreement on the European Economic Area. The current list of the selected credit institutions is available upon request at MANGOPAY S.A.
Business Day: Means between the hours of 9am and 7pm on any calendar day, apart from Saturdays, Sundays and public holidays, in France, Luxembourg and in the host country indicated in the Special Conditions, on which the payment infrastructures of all these countries and the Banks are open for business.
Card: The bank, payment or credit card used by the User to pay to the Issuer the purchase price of the Electronic Money. This card belongs to one of the following networks: Visa, MasterCard, CB, Amex.
Distributor: Means the entity whose contact information is stated in the Special Conditions and who operates the Website. The Distributor prepares, facilitates and advises its customers, for the purpose of concluding the Framework Contract through the Website. It assists the customers for the duration of their relationship with the Issuer within the context of carrying out Payment Transactions, including Purchases and Reimbursements of Electronic Money. To this end, the Distributor provides each User with a dedicated user service for Payment Transactions carried out hereunder. The Distributor does not collect funds apart from those agreed in the Financial Conditions.
Electronic Money: Means the monetary value available at any given time that represents a debt payable by the Issuer to the User. Electronic Money is issued by the Issuer in exchange for the User’s delivery of the corresponding funds and constitutes a means of payment exclusively accepted by the Recipients. The Issuer stores the Electronic Money on its server in an Account opened for this purpose.
Financial Conditions: Means the document comprising all the fees paid by the User for the purchase, use and management of Electronic Money, as provided in the Special Conditions of Use.
Framework Contract: Means the General Conditions for the Use of Electronic Money and the Special Conditions for the Use of Electronic Money.
General Conditions of Use of Electronic Money: Means the present document.
General Conditions of the Website: Means the general conditions of use of the Website concluded between the User acting as a customer of the Website and the Distributor, including those conditions governing access to the Website.
Issuer: Means MANGOPAY SA, an issuer of Electronic Money licensed in Luxembourg by the Financial Sector Supervisory Commission under reference n°3812 and entitled to conduct business in the host country indicated in the Special Conditions. The Issuer is on the list of electronic money institutions available at http://supervisedentities.cssf.lu/index.html?language=fr#Home.
Login: Means the data required for the Issuer to identify a User in order to carry out a Payment Transaction, consisting of a user name (valid email address).
Order: Means the instruction given by the User to the Issuer in accordance with the procedure specified in the Framework Contract, for the purpose of carrying out a Payment Transaction and/or Reimbursement.
Payment Page: Means the secure page provided by the Issuer’s electronic banking provider.
Payment Transaction: Means the transfer of Electronic Money to the User’s designated Recipient on the Website.
Recipient: Means the recipient of Electronic Money, being any natural or legal person acting on their own behalf, selected by the User from among the clients of the Website, who receives Electronic Money as part of a Payment Transaction. Any Recipient can also become a User upon acceptance of the Framework Contract, subject to the Issuer's prior approval. In certain cases, the Recipient may also be the Distributor, in accordance with the Special Conditions.
Reimbursement: Means the transfer by the Issuer upon an Order from the User, of cashless payments corresponding to all or part of the available Electronic Money held by him/her, less any costs due.
Special Conditions of Use of Electronic Money: Means the form to be filled out by the User on the Website containing his/her personal data and the applicable Financial Conditions for Electronic Money.
User: Any natural or legal person acting on their own behalf and holding Electronic Money registered in an Account opened in their name, in order to carry out one or more Payment Transactions.
Website: Means the website operated by the Distributor with the aim of selling goods or services to Users or to establish links between Recipients and Users. The address of the relevant Website is indicated in the Special Conditions.
These General Conditions of Use of Electronic Money set out the conditions under which the Issuer will provide You with a means to pay the Recipients that you choose through the Website.
The proposed means of payment must be consistently prepaid by the User and will not be subject to any advance, credit or discount. It is based on the Electronic Money issued and managed by the Issuer.
The Issuer has authorised the Distributor to offer this means of payment to customers of the Website, to facilitate the conclusion thereof and to assist the Users for the duration of their relationship with the Issuer.
These General and Special Conditions of Use of Electronic Money constitute the whole Framework Contract entered into between the Parties regarding the issue, use and management of the Electronic Money issued by the Issuer. The User can, at all times and without any supplemental fees, obtain a copy of these documents on the Website. Only the Framework Contract shall be valid in case of any dispute between the parties.
3. User Registration
3.1 Necessary preconditions for User registration
Any natural person of at least 18 (eighteen) years of age, with capacity to enter into legally binding contracts, as well as any legal person, resident of or registered in a European Union Member State or in a State party to the agreement on the European Economic Area or an equivalent third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism, can request to open an Account, provided that they are a customer of the Website.
The User, a natural person, will be deemed to be acting exclusively for non-professional purposes.
3.2 Registration procedure and procedure for opening an Account
You must provide the Distributor with:
if the Distributor is not already in possession of this information
You must indicate a Login, consisting of a User name and a password, or connect via your Facebook account. You are solely responsible for the use of your Login and maintaining the confidentiality of your Login. You agree not to use the Account, name or Login of another User at any time, or to disclose Your Login to a third party.
You must protect the secrecy of your Login and password at all times and never disclose it to another person. You must take reasonable steps to keep Your Login and password safe and prevent fraudulent use of Your Account. For example, You should keep information relating to Your Account in a safe place, You should not write down your Login and password and You should take care to ensure that other people do not oversee or hear you using your Login and password.
You agree to immediately inform the Distributor in the event that You suspect any unauthorised use of Your Account or Login.
The Issue reserves the right to immediately suspend or withdraw Your right to make Payment Transactions where: the Issuer has reasonable grounds to believe that there may be a breach in the security of your Account, the Issuer suspects unauthorised or fraudulent use of Your Account or the Issuer is required by law. If the Issuer decides to take such action, the Issuer will notify You in advance, except where this is not possible, in which case the Issuer will inform You at the earliest opportunity. The Issuer will not inform You if it would compromise its reasonable security measures or is otherwise unlawful. If the reasons for the Issuer's actions cease to exist, the Issuer will reinstate Your Account or issue You with new account details as soon as practicable.
After carefully reading the Framework Contract, You must accept it in accordance with the terms specified on the Website and must provide all information and relevant documents requested by the Distributor. By accepting the terms of the Framework Contract, You agree that the Distributor may transmit Your application to register as a User to the Issuer, together with all supporting documents received.
Only the Issuer can accept the Your registration as a User and open an Account in Your name. The Distributor will notify You if the Issuer accepts Your registration in accordance with the terms specified on the Website.
The Issuer may, without stating reasons and with no right to compensation to You, refuse an application to register as a User and to open an Account. You will be notified of this refusal by the Distributor in accordance with the terms specified on the Website.
In addition, the Issuer reserves the right to ask You, before any registration and at any point in the duration of the Framework Contract, for supplementary information and identification data for the purposes of identity checks, as well as any supporting documents that the Issuer may deem necessary.
You confirm upon submission of Your request to register to the Distributor and throughout the duration of the Framework Contract that:
3.3 Account use limitations
At the Issuer’s discretion, a User who has not provided all the required documents as listed below may be expressly authorised by the Issuer to use his/her Account for the purchase of goods or services up to a limit of 2,500 Euros of Electronic Money held by a User within the same year, provided that this Electronic Money has not been subject to requests for reimbursement exceeding 1,000 Euros per year.
Upon receipt of all the documents listed below and provided that they are deemed satisfactory by the Issuer, the User may initiate reimbursements exceeding 1,000 Euros per year and hold an amount of Electronic Money exceeding 2,500 Euros per year. These Reimbursements will only be granted if the purchase or Reimbursement of Electronic Money is carried out to or from an account opened in the User’s name with a payment services provider established in a European Union Member State or in a state party to the agreement on the European Economic Area or in a third country that imposes equivalent requirements regarding money laundering and the financing of terrorism.
The documents required for any User who is a natural person in accordance with the above are as follows:
The documents required for any User who is a legal person in accordance with the above are as follows:
It is expressly provided that the Issuer retains the right to request at any time additional documents regarding the User, the Recipient, the beneficial owner or any Payment Transaction or Reimbursement.
The Recipient is considered to be the recipient of the funds that have been transmitted by the User. Where appropriate, the Recipient agrees to provide his/her email address, date of birth and nationality, as well as the postal address of the person to whom the Recipient will pay the funds.
3.4 Communication between us
The Issuer will contact You using the contact details You provided when You opened Your Account, or any updated contact details You have provided to the Issuer. It is Your responsibility to update the Issuer with any new contact information, including a change in address. The Issuer will send any correspondence to most recent email address or postal address You have provided to the Issuer for Your Account. You must advise the Issuer promptly of any change to Your contact details in the interests of security (including name or address) and provide appropriate supporting evidence required by the Issuer.
You can contact the Issuer by telephone call to the customer service department of the Distributor at the number indicated in the Special Conditions. All contact should initially be directed through the Distributor. If You wish to contact the Issuer directly, please email email@example.com
4. Operation of the Account
4.1 Purchase of Electronic Money
Electronic Money can be purchased by Card (or any other means accepted by the Issuer), in one or more instalments.
To carry out such a transaction, You must Login to the Website and place a money transfer order via the dedicated Payment Page. For any payment, You may be asked to enter a single-use code on the Payment Page, which You will receive on Your mobile phone. By using the Payment Page and, where applicable, entering the single-use code, You are giving Your consent to the Payment Transaction.
The Issuer may refuse any payment at its sole discretion and without giving rise to any right to compensation. The transaction is carried out by Your Card issuer. Any dispute concerning such transfer must be notified to Your Card issuer. The Issuer is not entitled to cancel such a transfer. Notwithstanding the foregoing, You may receive a Reimbursement of Electronic Money in accordance with article 4.4.
The registration of Electronic Money in the User’s name is subject to the actual receipt of funds by the Issuer less the costs agreed in the Financial Conditions.
In the event that the transfer of funds is cancelled by the Card issuer following a dispute, for whatever reason, the Issuer may, upon receipt of the information, suspend or cancel any Payment Transaction, close the Account concerned, debit, at any time, the Account for the amount of Electronic Money corresponding to the funds of the cancelled transfer and recover the amount due from the User by any means.
4.2 Functioning of the Account
The Electronic Money is stored for an indefinite duration on the User’s Account by the Issuer under the agreed Financial Conditions.
The Electronic Money purchased is credited to the User’s Account, following the receipt of the funds transferred by Card (or any other means accepted by the Issuer). The amount to be credited is equal to such funds less the corresponding costs as provided in the Financial Conditions.
Upon the User’s Order, the Electronic Money corresponding to the amount of the Payment Transaction or Reimbursement is debited from its Account and the related costs, as provided in the Financial Conditions.
The Issuer is entitled, at any time, to reimburse an amount of available Electronic Money on the Account equal to the charges due and payable, as provided in the Financial Conditions.
The amount of Electronic Money available on the Account is automatically adjusted based on the Orders transmitted to the Issuer (or in the process of being transmitted), the Electronic Money issued, any charges due and payable and any cancellation of one of the aforementioned transactions hereunder.
4.3 The use of Electronic Money to carry out a payment Transaction
Before transmitting an Order, the User must be sure to have a sufficient amount of Electronic Money available to cover the Payment Transaction amount and the related costs as agreed in the Financial Conditions.
Where appropriate, the User must acquire a sufficient amount of Electronic Money in accordance with article 4.1 before an Order can be legitimately transmitted to the Issuer for execution. The Electronic Money may be issued and stored by the User, provided that the corresponding funds are duly received by the Issuer. The Electronic Money may in no way be issued on the basis of a credit granted to the User.
As such, if the amount of available Electronic Money, at the date of execution of the Order by the Issuer, is lower than the amount of the Payment Transaction (fees included), the Order is automatically refused by the Issuer. The information about this refusal is made available to the User on the Website. This refusal may give rise to additional fees in accordance with the Financial Conditions.
The transmission terms of an Order by the User are as follows:
When carrying out a Payment Transaction, the User logs on to the Website by entering his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by 7 the Issuer. The form should include the following components: the Payment Transaction amount; the currency, which may only be the currency of the Electronic Money; the details required to identify the Recipient; the date of execution of the Order; and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’.
In certain cases, the User may fill in a single form containing the purchase of Electronic Money as provided in article 4.1 and an Order in compliance with the previous paragraph.
Execution of the Order
The Electronic Money is debited from the User Account to be credited to the Recipient Account, following the User instructions. As such, the Recipient may open an Account in accordance with article 3.2 in order to receive the Electronic Money if he/she is not already a User. Where appropriate, the funds corresponding to the Electronic Money transferred to the Recipient can be directly reimbursed to a bank account or a payment account opened in the name of the Recipient upon the receipt by the Issuer of the relevant account details. For this purpose, the Recipient must provide the IBAN number and SWIFT code of his/her bank or payment account as well as his/her address. This account must be opened by a bank or a payment institution, based in a European Union Member State or in a State party to the agreement on the European Economic Area.
It is agreed between the Parties that the Payment Transaction will be executed, at the latest, on the next Business Day following the Date of Receipt if the Recipient has an Account. If the Recipient does not have an Account, the Payment Transaction will be executed as soon as an Account is opened or on the date the Issuer receives the bank or payment account details of the Recipient to whom the funds are due.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
4.4 Transmission and execution of an Order for Reimbursement
When the User wishes to transmit an Order for Reimbursement, the User identifies him/herself on the Website by indicating his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form must contain the following components: the Reimbursement amount, the currency, which may only be the currency of the Electronic Money, the date of execution of the Order and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’.
The Reimbursement of electronic money purchased by Card by a User will occur by crediting the Card used by the User to purchase such Electronic Money.
Where applicable, the Reimbursement will be carried out by money transfer to the bank account or payment account of the User (using the details for the relevant bank account or payment account already provided by the User to the Issuer (‘Date of Notification’). It is agreed between the Parties that the Reimbursement will be carried out, at the latest, on the next Business Days following the Date of Receipt or the Date of Notification as appropriate.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
4.5 Withdrawal of an Order
An Order may not be withdrawn by the User after the date on which it is deemed irrevocable as indicated above.
5. Login objection, Transaction dispute and Reporting
5.1 Login objection
The User must inform the Distributor of the loss or theft of his/her Login, or misuse or unauthorised use of his/her Login or data as soon as he/she becomes aware of this fact in order to request that the Login be blocked. Such a declaration should be made:
- by telephone call to the customer service of the Distributor at the number indicated in the Special Conditions;
- directly by email through the contact form available on the Website.
On receipt of the notification, the Issuer, through the Distributor, will immediately block Your Account. The event will be recorded and time stamped. A time stamped objection number will be communicated to the User. A written confirmation that Your Account has been blocked will be sent to You by the Distributor by email. The Issuer is responsible for the file at an administrative level and retains all the data for 18 (eighteen) months. Upon written request by the User and before expiration of such a deadline, the Issuer will communicate a copy of this objection.
The Issuer and Distributor shall not be held liable for the consequences of any request to block Your account that is made by a person who is not the User.
An objection request is deemed to be made at the date and hour of its actual receipt by the Distributor. In case of theft or fraudulent use of the Login, the Issuer is entitled to request, through the Distributor, [a receipt or a copy of the complaint][information about the circumstances leading to the alleged theft or fraudulent use from the User who undertakes to respond as soon as possible.
5.2 Transaction Dispute
For any claim concerning Payment Transactions or Reimbursements executed hereunder by the Issuer, the User is advised to consult the customer service department of the Distributor or the address indicated for this purpose in the General Conditions of the Website.
If You notify the Issuer that the Issuer has incorrectly executed an Order, the Issuer will refund the amount of the incorrectly executed Payment Transaction and the Account will be restored to its former state before the receipt of the Order without undue delay. The Order is then resubmitted correctly.
A User who wishes to dispute a Payment Transaction not authorised by him/her shall contact the customer service department of the Distributor by telephone (contact details shown on the Website) as soon as possible after becoming aware of the anomaly and within 13 months of the date of the Account registering the Payment Transaction. After validation of the legitimacy of the request, the Issuer will immediately arrange for the refund of the amount of the unauthorised Payment Transaction and restore the Account to the amount it would contain if the disputed transaction had never been executed, including any interest and related charges.
In the event of loss or theft of Your security information (Login and password), or where You have failed to keep your security information safe, You may be responsible for unauthorised transactions carried out before notification of the dispute, up to a maximum of 50£. However, You may be responsible for a greater amount if You have acted fraudulently, have not used your Account in 9 accordance with the Framework Contract or otherwise through Your fault. Except where You have acted fraudulently, You will not be responsible for any losses incurred in respect of unauthorised Payment Transactions arising after you have notified the Issuer of the lost, theft, misappropriation or authorised use of your Account details.
The User may dispute an authorised transaction whose exact amount is undefined or those whose final amount is not that which he/she could have reasonably expected taking into account his/her profile, previous expenditures and the Framework Contract conditions. This request must be submitted to the Issuer within 8 weeks of the execution of the Order on the Account. The Issuer must reimburse the User within a period of 10 Business Days after receipt of the request, if the latter proves justified, taking into account applicable laws, and whether the request consists of all the components necessary for examination by the Issuer. The Issuer reserves the right to refuse such a reimbursement, which will be explained and notified to the User. The latter will provide the necessary information in order to determine the circumstances of the Payment Transaction. The Issuer reserves the right not to reimburse the fees resulting from the Payment Transactions concerned. The fees indicated in the Special Conditions may be collected in the case of a non-justified Payment Transaction dispute.
The User may access, at any time, on its personal page on the Website, the indicative amount of Electronic Money available on his/her Account.
The User has, on his/her personal page on the Website, a statement of Payment Transactions carried out on the Account. The User is advised to pay careful attention to the list of these Transactions.
The Issuer shall make available to the User upon written request a monthly statement of the Account, covering the 13 previous months.
6. Amendment of the Contract
The Issuer reserves the right, at any time, to amend the General Conditions of Use of Electronic Money. Such amendments will be sent by email to all Users at least two (2) months' before they take effect.
If You are not happy with any amendments that the Issuer plans to make to the General Conditions of Use of Electronic Money, You can terminate the General Conditions of Use of Electronic Money immediately and without paying a charge. If You do not end the General Conditions of Use of Electronic Money before the proposed amendments take effect, the Issuer will consider that You have agreed to the amendments. The relationship between the Parties after the date the amendments come into force shall be governed by the new version of the General Conditions of Use of Electronic Money.
It is therefore important that the User reads his/her emails and regularly reads the General Conditions of Use of Electronic Money available on the Website at any time.
The Issuer undertakes to provide its services in accordance with the applicable and professional laws and regulations. In particular, the Issuer will make every effort to ensure the security and confidentiality of the User’s data, in compliance with current regulations in force.
The Issuer reserves the right to temporarily suspend access to the Account on line for technical, security or maintenance reasons, without these operations being eligible for any compensation. The Issuer will limit this type of interruption to a necessary minimum.
The Issuer cannot, however, be held liable to the User for possible errors, omissions, interruptions or delays produced by the Website resulting in an unauthorised access to the latter. Nor can the Issuer be held liable for thefts, destruction or unauthorised communications of data arising from unauthorised access to the Website. In addition, the Issuer will not be involved in the existing legal relationship between the User and the Recipient of the Payment Transaction. The Issuer cannot be held liable for faults, wilful default or negligence of the User or Recipient towards each other.
The Distributor is solely responsible for the security and confidentiality of the data exchanged within the framework of the use of the Website, in accordance with the General Conditions of the Website. The Issuer is responsible for the security and confidentiality of the data that it exchanges with the User within the context of these General Conditions of Use of Electronic Money in respect of the creation and management of the Account, as well as the Payment Transactions associated with the Account.
8. Limitation of Issuer liability
The Issuer will not intervene in any way in the legal and commercial relationships and any litigation arising between the Recipient and the User. The Issuer has no control over the compliance, security, legality, characteristics and appropriateness of the products subject to a Payment Transaction. In this respect, it is up to the User to obtain all useful information before proceeding to the purchase of a product or service, the collection of funds or any other transaction, in full knowledge of all the considerations involved. Any transaction carried out by the User gives rise to a contract directly formed between him/her and the Recipient(s) with whom the Issuer has no contact. The Issuer cannot, under any circumstances, be held liable for the non-performance or poor execution of obligations that may result, or possible damages caused to the User in this respect.
If the Issuer fails to comply with the Framework Contact, the Issuer is responsible for any loss or damage You suffer that is a foreseeable result of the Issuer breaching this contract or failing to use reasonable care and skill when providing its services under the Framework Contract, but the Issuer is not responsible for any loss or damage that is not foreseeable or which is not caused by its failures. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Issuer and You knew it might happen.
You acknowledge and agree that the Issuer will not be responsible to You for any loss or damage You suffer in connection with the use of the Issuer's service where such loss or damage is caused by Your acts or omissions or by those of a third party including, but not limited to:
The Issuer will take reasonable care to ensure that any data it holds in relation to You and Your Accounts is secure. However, You acknowledge and agree that a service provided via the internet cannot be completely secure and the Issuer will only be responsible to You for loss or damage to Your data to the extent that it is caused by the Issuer's failure to take such reasonable care.
Whilst the Issuer will use its reasonable efforts to make sure that its service is available to You when You want to use it, the Issuer makes no promise or guarantee that its service will be uninterrupted or error free and the Issuer will not be responsible to You for such errors or interruptions.
The Issue will not be responsible to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
9. User Commitments
The User guarantees that no part of its profile on the Website will harm the rights of third parties or is contrary to the law, to public order or to accepted principles of morality.
The User undertakes not to:
In the event of User default, the Issuer reserves the right to take any appropriate measures in order to stop the relevant actions. The Issuer will also be entitled to suspend and/or block access to the Account.
10. Duration and Termination
The Framework Contract is concluded for an unlimited period. It is applicable from the date of receipt by the User of the email from the [Issuer] confirming his/her registration with the [Issue].
The User can terminate the Framework Contract at any time on 30 (thirty) calendar days' advance notice to the Issuer. The Issuer can terminate the Framework Contract at any time on two months' advance notice to the User.
Such termination shall also constitute the termination of the entire Framework Contract and consequently the closure of the Account.
To terminate the Framework Contract, the terminating Party shall transmit a notice of termination to the other Party by registered letter with proof of delivery to the postal address indicated in the Special Conditions.
The User shall indicate his/her bank or payment account details in the termination letter enabling the Issuer to reimburse him/her with the available Electronic Money. In the absence of such information, the Issuer shall follow the Reimbursement instructions entailing the Reimbursement by credit to the Card used for the purchase of Electronic Money. The Issuer has no further obligations after having confirmed with the User the transfer to the bank account indicated or the credit to the Card of the amount of the Electronic Money.
In the event of gross default, fraud or lack of payment on the part of the User, the Issuer reserves the right, without cause or prior notice, to suspend or terminate these conditions by sending an email accompanied by a registered letter with proof of delivery.
In the event that a successor to the Issuer is nominated to issue the Electronic Money distributed on the Website, it is the responsibility of the Distributor to obtain the User’s express written consent to this change, about the amount of Electronic Money available and to indicate the arrangements for the transfer of funds corresponding to the available Electronic Money to the Issuer.
It is envisaged that the Framework Contract will be automatically terminated in the event of new circumstances affecting the ability of one Party to commit to these conditions.
11. Right of Cancellation
The User has a period of 14 (fourteen) calendar days to cancel the Framework Contract, without having to either justify any reason or sustain any penalty. This deadline for cancellation shall start from the day of the User's registration.
The User must notify its decision to cancel within the prescribed deadline to the Distributor’s customer service department by telephone or email and send a letter of confirmation to the address of the customer service department of the Distributor. In respect of the exercise of a right of withdrawal by the User, the Framework Contract will be cancelled without any fees charged to the User
In the event that a User has already benefited from the service and is in possession of Electronic Money at the date of the withdrawal, he/she must transmit his/her bank account details to the Distributor in order to allow the Issuer to reimburse the User with Electronic Money.
12. Anti-money laundering and terrorism financing
The Issuer is subject to applicable legislation regarding the combating of money laundering and the financing of terrorism. As a result, the Issuer must obtain information from any User, for any transaction or business relationship, of the origin, purpose and destination of a transaction or opening of an Account. In addition, the Issuer must take all the steps necessary to identify the User and, where appropriate, the Recipient owner of the Account and/or any Payment Transactions linked to the Account.
The User recognises that the Issuer can, at any time, stop or delay the use of a Login, access to an Account or the execution of a Payment Transaction or a Reimbursement in the absence of sufficient information pertaining to its purpose or nature. He/she is informed that a transaction carried out within the framework of these conditions may be subject to the national financial intelligence unit’s right to disclosure.
The User can, in accordance with the legislation, access all of the information disclosed, provided this right to access does not undermine the purpose of the fight against money laundering and terrorism financing of terrorism, where this data concerns the applicant.
No prosecutions or civil liability actions can be brought or any professional sanction taken against the Issuer, its managers or employees who have reported their suspicions in good faith to the national authority.
13. Personal data and professional secrecy
The User’s personal data provided in connection with the opening of the Account, is used by the Issuer for the purposes of managing his/her Account, Payment Transactions and Reimbursements.
The User agrees that his/her contact details and personal information obtained by the Issuer in connection with the Framework Contract may be transmitted to operational providers, with whom the Issuer has a contractual relationship, with the sole purpose of executing Payment Transactions and providing the services under the Framework Contract, provided that these third party recipients of personal data are subject to regulations guaranteeing a sufficient level of protection. The list of the third party recipients of the User’s data is available upon request from the Issuer’s compliance manager at the following address: firstname.lastname@example.org. This information is stored by the Issuer or by any company authorised to do so in accordance with legal and regulatory rules.
The User will be informed prior to any transfer of his/her personal data outside the European Union. In such a case, the Issuer undertakes to respect the regulations in force and to put in place any measure necessary in order to guarantee the security and confidentiality of data transferred in such a way.
Certain information collected and held by the Issuer thereunder may give rise to the rights of access and correction. Any User may, at any time, obtain a copy of the information pertaining to him/her upon request addressed to the Issuer’s customer correspondent at the following address: email@example.com. He/she may request the deletion or correction of this information by letter to the Issuer at the address found at the beginning of this document. The User may, at any time, object to receiving commercial solicitations, amend his/her contact details or object to their disclosure by sending a notification by registered mail or e-mail to the customer service address of the Issuer.
The Issuer will store the personal information and data for a maximum legal or regulatory period applicable depending on the purpose of each type of data processing.
14. Inactive Accounts
Any Account that is inactive for a period of 12 (twelve) months will receive a notification of inactivity by email from the Issuer followed by a reminder a month later.
If there is no response or use of available Electronic Money within this period, or in the event of the death of the User, the Issuer may close the Account and keep it active for the sole purpose of the Reimbursement of Electronic Money. The right of Reimbursement may be subject to time limits pursuant to the law of the residence of the User, with such time limits starting from the last transaction on the Account. In the event of death, the Electronic Money can only be reimbursed to the User’s assignee.
An Account that has been closed will not permit the further use of Electronic Money.
15. Events Outside The Control of a Party
Neither Party will be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under the Framework Contract that is caused by an Event Outside The Control of a Party.
An Event Outside The Control means any act or event beyond a Party’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
16. Independence of contractual provisions
If any of the provisions of the Framework Contract is held invalid or unenforceable, it shall be deemed deleted and will not invalidate the other provisions.
If one or more of the provisions of the Framework Contract lapses or is declared as such under any law or regulation or following a final decision of a court of competent jurisdiction, the other provisions will retain their binding force and scope. The provisions considered null and invalid would then be replaced by provisions closest in scope and meaning to those initially agreed.
17. Protection of funds
The collected funds are protected against any claims from other creditors of the Issuer, including in the event of enforcement proceedings or insolvency proceedings against the institution.
The User’s funds are deposited at the end of each Business Day into an account opened with a Bank and are ring fenced by the Bank.
The Framework Contract cannot be subject to a complete or partial transfer by the User, whether against payment or free of charge. It is therefore forbidden to transfer to a third party any rights or obligations that the User owns hereunder. In the event of breach of this prohibition, in addition to the immediate termination hereof, the User may be held liable by the Issuer.
The services offered hereunder are charged by the Distributor on its behalf and on the behalf of the Issuer in accordance with the Financial Conditions.
The Fees due by a User to the Issuer may be paid with available Electronic Money (stored on the User Account) reimbursed at the Issuer sole discretion.
20. Agreement of proof
All data held in a permanent, reliable and secure manner in the computer database of the Issuer relating, in particular, to Orders and confirmations received by the User, notices sent, access, withdrawal and Reimbursement will prevail between the parties until proven otherwise
21. Complaints and arbitration
The User is invited to send any complaint to the customer relations service indicated in the Special Conditions and on the Website.
Any complaint other than as provided in article 5.2 concerning the conclusion, execution or termination of the Framework Contract and services for the issue and management of Electronic Money shall be notified by email (and without any failure or undeliverable messages) to the following address: firstname.lastname@example.org
If the User believes that the response provided is unsatisfactory, or in the absence of a response within one month after sending the email, he/she may refer the complaint to the Luxembourg Financial Sector Supervisory Commission by post at 110 route d’Arlon L-1150 Luxembourg or by email: email@example.com.
22. Applicable law and competent jurisdiction
The Framework Contract is governed by the laws of England and Wales. You and the Issue agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident outside England, You may also bring proceedings in Your local courts.
1 - Inside the EEA : passport, national identity card, driving licence, resident permit from third-country nationals in the European Union