| Terms and Conditions of Use
The software for the Bromley
School Run scheme is provided by LIFTSHARE.COM. All users of the scheme
are therefore required to agree to Liftshare's Terms and Conditions before
they can access the service:
TERMS AND CONDITIONS OF USE
Liftshare Membership Agreement
The Liftshare services (the "Service") are provided by Liftshare.com
Ltd. ("LIFTSHARE.COM") to You ("You") under the terms
and conditions of this Membership Agreement (this "Agreement").
This Agreement includes LIFTSHARE.COM's Privacy Policy, which is available
here and is incorporated herein by reference, and governs Your use of
LIFTSHARE.COM's web sites as well as the Service. By accessing the service
or completing the registration process, You represent and warrant that
You:
(i) are authorized to sign for and bind the contracting party and
(ii) agree to be bound by all of the Terms and Conditions of this agreement,
including the disclaimers and limitations of liability set forth below.
If You are not authorized to sign for and bind the contracting party,
or otherwise do not agree with the Terms and Conditions of this agreement,
do not access and use the service.
I. SERVICE DESCRIPTION.
LIFTSHARE.COM provides a hosted journey matching service which enables
users of the Service (also referred to as members) to find travel companions
and arrange shared travel on the World Wide Web where other members can
visit and use to add and search for matching journeys.
II. USE OF SERVICE.
All use of the Service, including but not limited to the posting of journeys,
searching for matches and adding the service to another web site, is governed
by this Agreement.
A. YOUR ACCOUNT.
All MEMBER accounts are governed by and subject to the following rules:
1. All members completing the registration process must provide us with
current, complete and accurate information as prompted by the registration
process. You will choose a user id and we will designate you a password
once we are satisfied that you have been approved through the Criminal
Records Bureau check. We have the right to refuse to grant You an account
in our sole discretion. Registration is necessary for those members who
wish to look for travel companions. Regardless of whether You register,
You agree to the terms of this Agreement and are responsible for Your
posted journeys.
2. Use of Your Account is expressly limited to You. Your Account may
not be transferred or shared with any other party, temporarily or permanently.
3. You are entirely responsible for all use of Your Account and for the
confidentiality of Your password. You are entirely responsible for any
and all statements made and activities that occur through Your account.
You agree to notify us immediately of any unauthorized use of Your account.
To protect Your privacy, LIFTSHARE.COM will suspend access or change access
to Your Account immediately upon notification by You that Your password
has been lost, stolen or otherwise compromised.
4. To cancel Your Account, You agree to delete yourself from our database
on the 'Personal Details ' page. In the event of termination, You will
remain obligated not to violate the rights of any person or entity with
respect to any materials You may have received or downloaded via LIFTSHARE.COM.
5. You are responsible for all telephone or Internet access charges related
to connecting to LIFTSHARE.COM.
B. JOURNEY MATCHING AND GROUPS
1. The LIFTSHARE.COM Service is designed to accommodate a diversity of
interests and opinions. Just like any community, however, hosts group
administrators and participants must conduct themselves in an appropriate
manner. The Service 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 LIFTSHARE.COM's business interests,
constitute a criminal offence, exploit children, violate rights of others,
or otherwise violate any applicable local, state, national, or international
law. LIFTSHARE.COM reserves the right to remove any group or participant,
which in its sole judgement, violates these guidelines.
2. LIFTSHARE.COM and its affiliates are under no obligation to monitor
or review discussions, chats, postings, transmissions, and groups.
3. LIFTSHARE.COM and its affiliates do not control the information available
in the chat rooms. Any opinions, advice, statements, services, offers
or other information or content presented or disseminated in any chat
room are those of the respective authors who are solely liable for their
content. LIFTSHARE.COM and its affiliates reserve the right, in their
sole discretion, to edit or remove any material from the chat rooms.
4. Further, LIFTSHARE.COM reserves the right, at any time and for any
or no reason, to limit, deny, modify or discontinue the Service with or
without notice to You. LIFTSHARE.COM shall not be liable to You or any
third party should LIFTSHARE.COM exercise its right to modify or discontinue
the Service.
C. RULES OF ONLINE BEHAVIOR
You agree to the following terms and conditions:
1. You are prohibited from posting, publishing, distributing, uploading,
downloading, disseminating, transmitting or linking to other Web sites
that contain material which:
Is unlawful, defamatory, fraudulent, libellous, threatening, abusive,
disruptive, sexually explicit, bigoted, harassing or obscene material;
would violate the privacy, publicity proprietary or other rights of any
person or entity;
constitutes or promotes a criminal offence, or otherwise violate any local,
state, national, or international law.
Contain corrupted files, viruses, Trojan horses, worms, time bombs or
any other harmful contaminating, or destructive features.
Contain contests, pyramid schemes, chain letters, junk mail, spamming
or flaming;
Advertise, promote, market, solicit orders for or offer to buy, sell,
lease or license products, goods and services. Use of LIFTSHARE.COM for
advertising or promotion of a commercial product or service without the
express, written consent of LIFTSHARE.COM is prohibited.
2. You are prohibited from uploading or reproducing any information protected
by copyright without obtaining permission of the copyright owner. Only
public domain files, and files in which the author has given You express
consent to copy and redistribute online or otherwise, may be uploaded
to LIFTSHARE.COM, including any software files or libraries.
3. You are prohibited from harvesting, aggregating, mining, copying or
otherwise collecting information about others, including but not limited
to names, email addresses, passwords, usage information without their
consent.
4. You are prohibited from stalking or harassing others. You are further
prohibited from creating a user id to creating a false identity for the
purpose of misleading others of Your identity or to impersonate another
person.
5. You may not attempt to gain unauthorized access to, tamper with, modify,
or hack the Service.
6. Information and materials which You find published on LIFTSHARE.COM
may be the property of LIFTSHARE.COM or an Information Provider, and may
be protected by copyright or may contain protected trademarks. You may
not copy, redistribute or commercially exploit such materials without
the express written permission of the owner(s) of such information or
materials. 7. You may not violate any applicable law or regulation of
any relevant jurisdiction.
D. POLICIES FOR MEMBERS UNDER 13 YEARS OF AGE
1. For those users under 13, You may not use this Service.
2. If You are under 18, You must have parental consent to use this Service.
III. MEMBER REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENT
A. You warrant that all material that You submit for publication or posting
on LIFTSHARE.COM will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain
anything obscene or libelous. You grant LIFTSHARE.COM a non-exclusive,
irrevocable, right to copy, display, sublicense, transmit, and create
derivative works to, the information or materials You have published or
posted on, or distributed through the Service. LIFTSHARE.COM reserves
the right, in its sole discretion, but is under no obligation, to refuse
to post, delete or edit information that You submit or enter onto LIFTSHARE.COM,
including but not limited to electronic message boards, databases, and
software libraries. You agree that You will not hold, nor seek to hold,
LIFTSHARE.COM liable for the loss of data or the misappropriation or infringement
of any intellectual property right (including but limited to any copyright
or moral right) to which You claim ownership.
B. You acknowledge and agree that neither LIFTSHARE.COM nor its third
party service providers endorse the content of any member and is not responsible
or liable for any content, even though it could be unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable, or that it infringes or may infringe the intellectual
property or other rights of another. You acknowledge that LIFTSHARE.COM
and its third party service providers do not pre-screen content, but that
LIFTSHARE.COM and its designees will have the right (but not the obligation)
in their sole discretion to refuse, edit, move or remove any content that
is publicly available via the Service. LIFTSHARE.COM does not control
the content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such content. You understand that by
using the Service, You may be exposed to content that is offensive, indecent
or objectionable. Under no circumstances will LIFTSHARE.COM be liable
in any way for any content, including, but not limited to, for any errors
or omissions in any content, or for any loss or damage of any kind incurred
as a result of the use of any content posted, emailed or otherwise transmitted
via the Service.
C. Any links included within the Service may permit You to leave the
LIFTSHARE.COM web site. You acknowledge that these linked sites are not
under the control of LIFTSHARE.COM and LIFTSHARE.COM shall not be responsible
for the contents of any linked site or any link contained in a linked
site. All such sites shall be subject to the policies and procedures of
the owner of such site. LIFTSHARE.COM is not responsible and shall have
no liability for webcasting, or any other form of transmission received
from any linked site.
D. If ordering merchandise and/or services from anyone other than LIFTSHARE.COM,
through any commercial service accessible via LIFTSHARE.COM, 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 merchandise or services. You are solely responsible for
fulfilling any contractual/e-commerce or other obligations You assume
using the Service. LIFTSHARE.COM makes no warranties or representations
whatsoever with regard to any goods or services provided by the seller
of the merchandise or services and shall not be liable for the costs or
damages arising, either directly or indirectly, from the products or services
or from the actions or inactions of the Seller.
E. You acknowledge that LIFTSHARE.COM has the right to archive or delete
any of Your journeys on Liftshare's service which are older than 6 months.
F. You acknowledge that LIFTSHARE.COM does not represent or warrant the
Service will be uninterrupted or error-free, that defects will be corrected.
G. You acknowledge and agree that LIFTSHARE.COM shall retain all title,
copyright and other proprietary rights in its software and all aspects
of the Service. You shall not acquire any rights, express or implied,
in the Service, other than those specified in this Agreement.
IV. PRIVACY POLICY
LIFTSHARE.COM may collect and disclose data in accordance with the LIFTSHARE.COM's
Privacy Policy located at Privacy Policy. You expressly consent to any
use or disclosure of Your personal identification and other personal information
in accordance with the Privacy Policy. Due to the existing legal and regulatory
environment, LIFTSHARE.COM cannot ensure that Your personally identifiable
information or Your private communications will not be disclosed to third
parties. By way of example (and without limiting the foregoing), LIFTSHARE.COM
may be forced to disclose information to the government or third parties
under certain circumstances, or third parties may unlawfully intercept
or access transmissions or private communications. Further, LIFTSHARE.COM
can (and You hereby authorize LIFTSHARE.COM to) disclose Registration
Data or any information about You to law enforcement or other government
officials as LIFTSHARE.COM, in its sole discretion, believes necessary
or appropriate. Therefore, LIFTSHARE.COM does not promise, and You should
not expect, that personally identifiable information or private communications
will always remain private. More information on LIFTSHARE.COM's current
privacy policy can be found at Pivacy policy
V. TERMINATION
LIFTSHARE.COM may terminate Your account if it believes, in its sole
discretion, that You have violated any of the Rules of Online Behavior.
LIFTSHARE.COM may also immediately terminate Your membership and right
to use the Service if:
(a) You breach this Agreement,
(b) LIFTSHARE.COM is unable to verify or authenticate any information
You provide to LIFTSHARE.COM,
(c) such information is inaccurate,
(d) LIFTSHARE.COM decides, in its sole discretion, that You have abandoned
Your account or
(e) LIFTSHARE.COM decides, in its sole discretion, to discontinue offering
the Service.
LIFTSHARE.COM shall not be liable to You or any third party for termination
of the Service. You may terminate the Service with or without cause at
any time. Should You object to any terms and conditions of this Agreement
or any subsequent modifications hereto, or if You become dissatisfied
with the Service in any way, Your sole recourse is to immediately:
(a) discontinue use of the Service;
(b) cancel Your account as provided in Section II; and
(c) notify LIFTSHARE.COM of Your termination. Upon termination of the
Service, Your right to use the Service immediately ceases.
VI. NO REPRESENTATION OR WARRANTIES.
Your use of the service is entirely at Your own risk. The LIFTSHARE.COM
service is provided on an "as is, as available" basis. No warranties,
express or implied, including but not limited to those of merchantability,
non-infringement, or fitness for a particular purpose, are made with respect
to LIFTSHARE.COM or any information or software therein. LIFTSHARE.COM
makes no warranty that the services and/or any graphics or other content
You download from the service will meet Your requirements, or that the
service will be uninterrupted, timely, secure, or error free; nor does
LIFTSHARE.COM, its licensors or suppliers make any warranty as to the
results that may be obtained from the use of the service or as to the
accuracy or reliability of any information obtained through the service
or that defects in the service will be corrected. Some jurisdictions do
not allow the exclusion of certain warranties, so some of the above exclusions
may not apply to You.
VII. LIMITED LIABILITY.
In no event shall LIFTSHARE.COM, its licensors or suppliers be liable
to You or any third party for any direct, indirect, incidental, special
or consequential damages, resulting from the use or the inability to use
the service, and/or any graphics or other content, including but not limited
to, damages for loss of profits, however caused on any theory of liability
(including negligence) even if LIFTSHARE.COM has been advised of the possibility
of such damages. Further LIFTSHARE.COM shall have no liability to You
or other third parties for any third party content uploaded onto or downloaded
from the service. You specifically acknowledge and agree that LIFTSHARE.COM
will not be liable for the conduct, advice or statement of other members,
advertiser or third parties. Some jurisdictions do not allow the limitation
or exclusion of liability for incidental or consequential damages so some
of the above limitations may not apply to You. [in no event shall LIFTSHARE.COM's
total liability for all damages, losses, and causes of action exceed the
aggregate sterling amount paid under the agreement. Some countries do
not allow the limitation or exclusion of liability for incidental or consequential
damages; as a result, the above limitation or exclusion may not apply
to You.]
VIII. INDEMNIFICATION.
You agree to indemnify and hold LIFTSHARE.COM, its parents, subsidiaries,
officers and employees, harmless from any claims and expenses, including
reasonable attorney's fees, related to (i) Your use of the Service, including
any content provided under Your account; (ii) any breach of Agreement,
including any abusive or unlawful behavior on the part of You or Your
dependents; or (iii) breach of any warranty or representation.
IX. MODIFICATION OF AGREEMENT.
LIFTSHARE.COM may amend this Agreement at any time by:
(i) posting a revised LIFTSHARE.COM Terms of Service document on the
LIFTSHARE.COM World Wide Web site, and/or
(ii) sending information regarding the Agreement amendment to the email
address You provide to LIFTSHARE.COM. You are responsible for regularly
reviewing the LIFTSHARE.COM World Wide Web site to obtain timely notice
of such amendments. Any continued use of the Software or Service by You
after such amended terms have been posted or information regarding such
amendment has been sent to You, shall be deemed Your consent and agreement
to such amended terms. Otherwise, this Agreement may not be amended except
in writing signed by both parties.
X. ENTIRE AGREEMENT GENERAL TERMS.
This Agreement is governed in all respects by English Law and the courts
of England shall have jurisdiction. If any provision of this Agreement
is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. LIFTSHARE.COM's failure
to act with respect to a breach by You does not waive LIFTSHARE.COM's
right to act with respect to subsequent or similar breaches. You may not
assign or transfer this Agreement or any rights hereunder, and any attempt
to the contrary is void. This Agreement shall inure to the benefit of
and be binding upon each party's successors and assigns. LIFTSHARE.COM
shall not be liable for any delay or failure to perform resulting directly
or indirectly from any causes beyond LIFTSHARE.COM's reasonable control.
Any notice required or permitted to be given to You under this Agreement
shall be delivered by electronic mail the email address provided by You
during registration. This Agreement constitutes the complete and exclusive
understanding and agreement of the parties relating to the subject matter
hereof and supersedes all prior understandings, proposals, agreements,
negotiations, and discussions between the parties, whether written or
oral.
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