PLEASE READ THESE TERMS CAREFULLY
BY SIGNING UP TO THE GREENRIDE SHARING LIMITED MOBILE APPLICATION YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 15 “OUR LIABILITY TO YOU” & CLAUSE 16 YOUR LIABILITY TO US.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN UP TO THE GREENRIDE SHARING LIMITED MOBILE APPLICATION.
We are Greenride Sharing Limited of 42 Shooters Hill Road, Flat C, London, United Kingdom, SE3 7BG. We are a company registered in England and our company number is 10027172.
2.1 These are the terms and conditions on which we supply to you our Services and licence you to use our App.
2.2 Please read these terms carefully before you use our Services and/or our App. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2.3 The following words have the following meaning when we use them in these terms, in the App and in the provision of our Services:
Approved Vehicle: A vehicle which is approved through the App.
AppThe Greenride software application through which you access our Services.
DriverAny User who, using the Service, transports a Passenger. Drivers are not our employees, agents or subcontractors.
Journey Fee The fee for a journey, payable by a Passenger in accordance with these terms, being no less than £0.50p.
Nominated PersonThe individual whose name and mobile telephone contact details are provided by a User within the App who may be given details of a Passenger’s journey.
PassengerAny User who requests a Driver to provide transport services using the Service.
ServiceMatching Drivers with Passengers for the purpose of sharing private transport from one location to another.
UserAnyone who has submitted their details to be either a Driver or Passenger within the App.
3.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or Service may be read or intercepted by others, even if that particular transmission is encrypted.
The App requires a mobile device with mobile data and GPS/A-GPS/GLONASS connectivity. Your mobile device may need to meet additional requirements as set out by us or the app stores from time to time. The minimum operating systems are Android (4.4 or higher) or Apple (iOS 8 or higher).
5.1 If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.greenridesharing.com.
5.2 If need to contact us, or you think the App or the Services are faulty or misdescribed please email our customer service team at firstname.lastname@example.org.
5.3 If we have to contact you we will do so by delivering a message within the App, or by email or SMS, using the contact details you have provided to us.
6.1 In return for you agreeing to comply with these terms, you may download a copy of the App onto your device(s) and view, use and display the App and the Service on such devices for your personal purposes only.
6.2 You must be aged 18 or older to accept these terms and/or to use the App and Services. You hereby warrant that by being a User you are 18 or older.
6.3 We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell or otherwise transfer any device on which the App is installed, you must remove the App from it.
6.4 If you download the App onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the other device.
7.2 Acting at our sole discretion, we reserve the right to refuse to accept or decline your application to become a User of the Service and may revoke permission to access all or part of the Service at any time.
7.3 We accept no responsibility for the inaccuracy of User details as displayed in the App or provided by the Service.
7.4 We are not responsible for any false representations made by Users. Users must satisfy themselves that the other Users with whom the Service has identified as suitable for sharing a journey with are suitable and are genuine Users.
7.5 Where a User identifies an inaccuracy in another User’s profile, that inaccuracy should be reported to us as soon as possible.
7.6 We use Mango Pay to receive payment from and make payment to Users. By making or receiving payment within the App and/or by using the Service you agree to the Mango Pay terms (https://www.mangopay.com/terms/..), as updated from time to time. We reserve the right to use other payment service providers of which we will notify you from time to time.
This clause 8 applies to all Users while they are Drivers (and does not apply to Users while they are Passengers):
8.1 Drivers must provide valid vehicle registration details to us before they may benefit from the Service.
8.2 Drivers may not use the Service for vehicle(s) not approved by us (as shown within the App).
8.3 Any journey times (including revised journey times issued upon collection or dropping off of a Passenger) as provided in the App or by the Service are estimates, and are for information purposes and not guaranteed to be accurate.
8.4 It is the Driver’s responsibility to ensure:
8.4.1 They have a valid UK drivers licence;
8.4.2 They hold suitable insurance for the purpose of being a Driver and accepting and/or transporting Passengers;
8.4.3 They do not exceed the lower mileage allowance payment as set by HMRC and that they comply with any and all HMRC and other tax guidelines as set out from time to time;
8.4.4 They only claim allowances from HMRC in compliance with the law and only in respect of distances travelled whilst transporting a Passenger in an Approved Vehicle;
8.4.5 Their vehicle is roadworthy, safe, does not contain any dangerous, flammable or otherwise hazardous materials and is fit for use for the transportation of Passengers (including, but not limited to, three point harness seatbelts for all Passengers);
8.4.6 In collecting or dropping off Passengers, the Driver stops their vehicle in a safe and convenient location;
8.4.7 Their device is located within their vehicle in such a way that viewing the navigation and other prompts can be performed in a safe and legal manner; and
8.4.8 That they comply with the Highway Code and observe all driving rules, regulations and all relevant legislation including, but not limited to, adhering to provided speed limits.
8.5 The Driver shall be solely liable for any parking fines and/or endorsements received while using the App or Service.
8.6 Drivers will be remunerated for the elements of journeys which are shared with Passengers via the Service. The remuneration a Driver receives will be shown in the App. It is the Drivers responsibility to report remuneration received from the Services to HMRC as appropriate.
8.7 Any Driver found or suspected to be in breach of any or all terms may have their remuneration suspended or cancelled at our sole discretion.
This clause 9 applies to all Users while they are Passengers (and does not apply to Users while they are Drivers):
9.1 Any journey times provided in the App are for information purposes only and not guaranteed to be accurate.
9.2 Passengers who use the Service to make a journey will be charged the Journey Fee as quoted to them in the App. The Journey Fee is payable upon accepting the quote provided in the App (by pressing the “FIND A GREENRIDE” button).
9.3 Payment for the Journey Fee will be taken from the Passenger using the payment details provided during registration and once a Passenger has entered the Driver’s vehicle the Journey Fee is non-refundable.
9.4 If the Passenger cancels the journey before entering the Driver’s vehicle then a cancellation fee may be levied to cover the cost and inconvenience to the Driver and our administrative costs. The maximum cancellation fee is £2.50 per cancelled journey.
9.5 Female Passengers may elect within the App to only use the Service with other Female Users.
9.6 It is the Passengers sole responsibility to ascertain whether the vehicle is suitable and whether the Driver matches their User profile. Any inaccuracies should be reported to us immediately.
9.7 Passengers may elect a Nominated Person. The Nominated Person will receive SMS confirmation of the Passengers chosen destination and the Passengers arrival at the destination once the Passenger has recorded that they have reached that destination within the App.
10.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
10.2 We will give you notice of any change by notifying you of a change when you next start the App.
10.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
11. Update to the App and changes to the Service
11.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
11.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
12. We collect technical & LOCATION data
12.1 By using the App or the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide Services to you.
12.2 Our Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device, but this will prevent us from providing Services to you. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
13.1 You agree that you will not:
13.1.1 rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
13.1.2 copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
13.1.3 translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
13.1.4 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;
13.1.5 use the App or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Service or any operating system;
13.1.6 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Service;
13.1.7 use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
13.1.8 collect or harvest any information or data from Service or our systems or attempt to decipher any transmissions to or from the servers running Service.
13.2 You agree that you will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Service.
All intellectual property rights in the App and Services throughout the world belong to us (or our licensors) and the rights in the App and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
15.2 To the extent permitted by law, we are not liable to you in any way for any act or omissions whether by us, our employees, subcontractors, agents or other Users. This limitation applies regardless of whether a liability occurs in contract (by indemnity or otherwise), tort (including negligence), misrepresentation, or breach of statutory duty.
15.3 To the fullest extent permitted by law, we do not give any warranties or representations (either express or implied) regarding the access and use of the App or the Services or provision of the Services, including, but not limited to; (a) errors (b) defects (b) accuracy (c) adequacy (d) usefulness (e) reliability (f) operation (g) availability (h) security (i) viruses (j) offensive, threatening, defamatory, or unlawful content.
15.4 We are not liable for business losses. The App and Service is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5 The App and the Services do not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
15.6 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
15.7 If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for Services you have paid for but not received.
16.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any:
16.1.1 breach and/or enforcement of these terms;
16.1.2 claim arising from your use of the Services (including claims brought Users);
16.2 This indemnity shall apply whether or not you have been negligent or at fault.
17.1 We may cease or suspend providing you with access to the Services if we believe you have committed a breach of these terms.
17.2 We may end your rights to use the App and Services at any time by contacting you if you have breached these terms. If, in our opinion, what you have done can be put right we will give you a reasonable opportunity to do so.
18.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
These terms do not give rise to any rights for third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms.
20.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.2 Even if we delay in enforcing this contract, we can still enforce it later.
20.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.