LIFTANGEL – TERMS OF USE

Introduction

These terms and conditions (Terms) set out the basis on which you may browse and use our website and our app (Services).

The Services are provided by Liftangel Limited, with registered no. 09875697 and registered address at 26 Oakeshott Avenue, London N6 6NS (we, us or our). 

Your use of the Services will be governed by these Terms and any other documents contained in these Terms, which will form a legal contract between us and you. By using our Services you are agreeing to be legally bound by the Terms.

If you would like to contact us for any reason please do so by using the following details:

Address: [26 Oakeshott Avenue, London, N6 6NS] 

Email: [sonia@liftangel.com] 

Changes to these Terms and our Services

We may revise these Terms at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may update our Services from time to time, but the content available through our Services may be out of date at any given time, although we do try to keep it up to date.

We do not guarantee that our Services will be free from errors or omissions.

Accessing the Services

Our Services are currently made available to you for your personal, non-commercial use.

We do not guarantee that our Services will always be available or that access to the Services will be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Services.

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Our Services are directed to people residing in the United Kingdom. We do not represent that our Services are appropriate or available in other locations. We may limit the availability of our Services to any person or geographic area at any time. If you choose to access our Services from outside the United Kingdom, you do so at your own risk.

How our Services work

Our Services allow users travelling between similar destinations to arrange to share their journey. Users will be able to place adverts which either offer to transport another user (as a Driver) or request to be transported to a particular destination (as a Passenger).

Our Services simply allow users to connect with each other. We do not participate in any arrangements made between users of our Services, and we have no further involvement beyond providing a platform to help users identify other users travelling to similar destinations. We are not party to any contracts which come into existence between Drivers and Passengers.

For the avoidance of doubt, we are not an employment business and we do not provide employment agency services. Neither Drivers, Passengers nor any other user of our Services are our employees, workers, agents or partners and shall not hold themselves out as such.

Please also note that we do not conduct any checks on Drivers or their vehicles, or on Passengers. It is your responsibility to ensure that you make all relevant checks.

Account

To access and use our Services, you will need to set up an account [INSERT LINK]. You must be at least 18 years of age to set up an account. You will be required to provide personal information about yourself (including name, date of birth, email address, password, postal address, phone number and gender) and your payment details.

You agree that you will provide accurate, current and complete information about yourself, and maintain and promptly update your personal information contained in your account profile. For more information on about how we will use your personal information please see our Privacy Policy [INSERT LINK].

You agree to not share your account password and that you will keep it confidential. You agree that you will not authorize or otherwise enable third parties to access your account.

In the event we receive any complaints about a user, we reserve the right to temporarily suspend the account in question while we investigate the matter. We reserve the right to terminate the account of any user at any time in our sole discretion.

Placing a Notice

If you want to offer a lift (as a Driver) or request a lift (as a Passenger), you need to post an appropriate notice on our Services (Notice). 

By posting a Notice you are making a legal promise to us that:

all the information you include in your Notice will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading; and

all Notices will comply with these Terms, including section 8.

You are responsible for the content of all Notices you post on our Services, including any errors, omissions or inaccuracies. We accept no liability to you or any other person for the content of any Notices posted on our Services. We advise that you check the content of your Notice immediately after posting it to the Services to ensure you are happy with it. You may edit or remove any Notices you have placed on the Services at any time by logging into your account.

You have complete discretion as to whether you choose to fulfil an arrangement you reach with another user. However, we are committed to equal opportunities and require that our users do not use our in a discriminatory fashion. You agree that you will not use your discretion so as to discriminate against any particular nationality, racial, ethnic, or religious group, sexual orientation, age, gender or disability. If you think a user has breached this requirement, you may notify us by contacting us at [e-mail address].

We reserve the right to refuse to list and/or deactivate any Notices or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms. 

Fees and Payments

The subscription fee for using the Services is annual and shall be payable in advance. The annual fee is set out on the Service when you register or renew (as appropriate).

We will use our reasonable endeavours to ensure that all prices and details of the Services listed on the Services are correct, but errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the order with the correct price, or cancelling the order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect order as cancelled, and you will receive a full refund.

All fees are inclusive of VAT (if applicable). You may only pay using the methods of payment displayed on the payment page, no other methods of payment will be accepted. Payment will be accepted in pounds sterling (£) only.

If you receive any money or other form of compensation as a result of using our Services (for example, a contribution from Passengers towards your costs as a Driver), it is your responsibility to account for any necessary tax payments and generally to ensure that such payments comply with all applicable laws.

User Generated Content

In these Terms, User Generated Content means any information, text, image, photo, audio, video, works of authorship or other content or materials of any kind which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available by you on the Services, including any Notice, any such content or materials included in any Notice, and any reviews you post on the Services about your interactions with any other user.

By posting any User Generated Content to the Services you are making a legal promise to us that you have not posted or submitted any User Generated Content to the Services:

which is confidential, defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory or otherwise unlawful or objectionable;

that you do not own or for which you do not have the permission of the owner or any other relevant person who may have rights in or connected to such User Generated Content, including any individuals who appear in any photos or other images that you upload to the Services;

if submitting it to the Services would be a breach of the Data Protection Act 1998 or any other applicable data protection or privacy legislation; or

if submitting it to the Services would infringe the intellectual property rights of another person.

By posting any User Generated Content to the Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use and reproduce such User Generated Content. This licence shall terminate when you delete your account.

You agree that you will not use the Services in such a way as to discriminate against any particular nationality, racial, ethnic, or religious group, sexual orientation, age, gender or disability.

Notice and take down procedure

We do not actively monitor all the Notices and other User Generated Content on the Services. We do not therefore accept any responsibility or liability for any User Generated Content on the Services.

If you become aware that other users have posted any Notice or other User Generated Content that is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms) you may notify us by contacting us at [e-mail address]. 

We may, without notice, remove any adverts or other User Generated Content posted to the Services that, in our sole judgement, violate these Terms or may be offensive, illegal, inaccurate, misleading or may violate the rights, or harm or threaten the safety of any person.

For the avoidance of doubt, any decision we make in connection with the removal of any adverts or other User Generated Content from the Services is final and we accept no liability to you in respect of any such decision.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Services. You may download extracts, of any page(s) from the Services, provided that:

the material shall not be reproduced or included in any other work or publication in any medium;

the material may not be modified or altered in any way;

you may only use the material for personal, non-commercial purposes;

the material may not be distributed or sold to any third party; and

you do not remove any copyright or other proprietary notices contained in the material.   

If you copy or use any part of the Services made available through it in breach of the Terms, your right to use the Services will cease immediately and you must destroy any copies of the materials you have made.

Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.

You acknowledge that if you arrange to transport another user through the Services, you are responsible for complying with all relevant regulatory, road traffic, health and safety and other applicable laws and regulations. We do not conduct any checks on Passengers.

You acknowledge that if you arrange transportation with another user through the Services as a Passenger (or on behalf of a Passenger) it is your responsibility to check that the Driver is appropriately qualified and insured and also to check that the vehicle is roadworthy and complies with all applicable laws. We do not conduct any checks on Drivers or their vehicles.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Services; 

use of or reliance on any content displayed on our Services; or

any arrangements entered into between users, or between a user and another person, through use of our Services.

We will not be liable for any income tax, National Insurance and Social Security contributions or any other liability, deduction, contribution, or assessment arising from or made in connection with any arrangement entered into between users through use of our Services.

We only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content on it, or on any website linked to it.

Viruses

We do not guarantee that our Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

Complaints or Queries

If you have any queries or complaints about our Services, please contact us using the contact information at the beginning of these Terms. 

You can also submit your complaint on the European Commission’s Online Dispute Resolution platform at the following link: http://ec.europa.eu/consumers/odr/.

General

The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

If we decide not to exercise or enforce any right that we have against you at a particular time, this does not prevent us from later deciding to exercise or enforce that right.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the non-exclusive jurisdiction of the English Courts.