Terms of Website

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

By using our site you accept these terms and agree to comply with them. If you do not agree to these terms, you must not use our site.

These terms also set out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site or interact with our site in any other way.

We recommend that you print a copy of these terms for future reference.

These terms refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy www.hellocarz.co.uk/privacy-policy/
• Our booking Terms and Conditions www.hellocarz.co.uk/terms-condition/

1. Who we are and how to contact us

www.hellocarz.co.uk is a site operated by Hello Carz Ltd (“we”, “us”). We are a limited company registered in England and Wales under company number 12078049 and have our registered and our trading address at 62 High Street, Ramsey, Huntingdon, PE26 1AA. Our VAT number is 351006742.

You can contact us by writing to us at info@hellocarz.co.uk or at 62 High Street, Ramsey, Huntingdon, PE26 1AA.

2. Changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities. Any updates or changes to our site will be made available on our site and shall be effective immediately on publication/at the time of notification to you.

Continued use of our site by you after notification of any changes shall be deemed as acceptance of the terms and conditions then applicable together with any modifications and your agreement to be bound by them.

3. Suspension and withdrawal of our site

Our site is made available free of charge. We shall use all reasonable endeavours to make our site available at all times except for:

• planned maintenance works to be carried out at specified times which shall be notified to users in advance; and
• unscheduled maintenance works, for which we shall use our reasonable endeavours to provide at least 6 hours’ notice in advance.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal and will provide any notifications via our site.

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

4. We may transfer this Agreement to someone else

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.

Our site is only for users in the UK and is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

5. Use of Cookies

Our website uses cookies which are small files of letters and numbers that we place on your device, if you agree, to help us distinguish you from other users, track your use of our site and recall those pages of our site which you have visited previously. Cookies contain information that is transferred to your device’s hard drive.

You can set your browser to refuse all or some browser cookies, or to alert you when third party sites set or access cookies. If you disable or refuse cookies, please note that some parts of our site may become inaccessible or not function properly.

Except for essential cookies, all cookies will expire after 30 days.

6. Intellectual Property Rights in our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and we take active measures to ensure that no unauthorised use or breach of our intellectual property rights is committed or attempted.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. Information on this site

The content on our site is provided for general information only. Use of the site is done entirely at your own risk and you should consider your position fully before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information/products or services you may obtain from them. We have no control over the contents of those sites or resources and you are advised to carry out your own verification as to the type and nature of the site and information being provided by those third parties.

Our site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us using the details set out in these terms www.hellocarz.co.uk/contact/

8. Exclusion of Liability

Our site has not been developed to meet your individual requirements. Please check that the facilities and functions of our site meet your requirements.

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 and for fraud or fraudulent misrepresentation.

We are not responsible for any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that our site and the services we offer may be subject to limitations, delays and other problems inherent in the use of such communications facilities. It is your responsibility to maintain and secure your network connections and telecommunications links and we will not be responsible for any problems, conditions, delays, delivery failures or any loss or damage arising from or relating to your network connection, telecommunications link or caused by the internet.

If provision of our site or support for our site or our services are 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. Provided we do this, 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 booking with us and receive a refund for any booking you have paid for but which has not been fulfilled in accordance with our applicable booking terms which can be found here www.hellocarz.co.uk/terms-conditions/

You acknowledge that the internet is not a secure medium. We have taken all reasonable precautions to protect your information as set out in our Privacy Policy www.hellocarz.co.uk/privacy-policy/ and our Terms and Conditions www.hellocarz.co.uk/terms-conditions/, however you acknowledge and accept that we cannot guarantee the security of any information which you send to us via the internet as the sending of such information can never be absolutely secure.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you 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 site or use of or reliance on any content displayed on our site.

In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site 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.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements.

9. Registering for an account with us

By submitting your information to us to register for an account, you consent to these terms of use and the use of your information as set out in our Privacy Policy. We will only use your personal information as set out in our Privacy Policy which can be found here www.hellocarz.co.uk/privacy-policy/

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures and as part of the registration process, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must notify us of this immediately at info@hellocarz.co.uk.

If you register for an account with us, we do not warrant that your use of our site will be uninterrupted or error free, that our services will meet your requirements or be available at all times.

10. Prohibited Uses

You may only use our site for lawful purposes and may not use our site for, or do any, of the following:

• use our site in any way or for any purpose which breaches applicable local, national or international law or regulations or that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect;
• to harm or attempt to harm minors in any way;
• to bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
• to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, timebombs, 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.

You may not reproduce, duplicate, copy, modify, create derivative works from, frame, mirror, republish, download, display, transmit, distribute or re-sell any part of our site in any form or media or by any means in contravention of these terms.

You agree not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.

11. Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out below.

Our content standards apply to any and all material which you contribute to our site (contribution), and to any interactive services associated with it. These standards must be complied with in spirit as well as to the letter and apply to each part of any contribution as well as to its whole.

You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We will determine, in our absolute discretion, whether a contribution breaches the content standards.

A contribution must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with the law applicable in England and Wales and in any country from which it is posted.

A contribution must not:

• be unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, humiliating, insulting or racially or ethnically offensive;
• facilitate or promote illegal activity including copyright infringement or computer misuse
• depict sexually explicit or violent images
• promote violence
• impersonate any person or misrepresent your identity or affiliation with any person
• be discriminatory based on race, gender, colour, religious belief, sexual orientation, nationality, age or disability;
• be otherwise illegal or cause damage or injury to any other person or property; or
• give the impression that the contribution emanates from us, if this is not the case.

We have the right, without liability or prejudice to any of our other rights, to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above and to disable access to your user account if we deem this to be appropriate.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. You are solely responsible for securing and backing up your content.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We do not store terrorist content.

12. Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following licences to use that content:

• a perpetual, worldwide, non-exclusive, royalty-free, transferable licence for us to use, reproduce, distribute, prepare derivative works of, display and perform that content in connection with our site and across other media owned and operated by us, including for the purposes of promoting our site and our services; and
• a licence for third party users of our site (including, but not limited to, our partners and advertisers) to use the content for their purposes or in accordance with the functionality of our site, such licence to expire when you delete the material from our site.

13. Viruses

We do not guarantee that our site will be secure or free from bugs or viruses, nor do we give any warranty that the server on which our site is hosted will be free from viruses or any other components that may infect, harm or cause damage to your device when you access, browse or otherwise use our site.

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

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

14. Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists nor establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our site other than that set out above, please contact us at info@hellocabs.co.uk

15. Breach of these terms

When we believe that a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms constitutes a material breach of the terms on which you are permitted to use our site and register for an account, and may result in us taking any or all of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site and withdrawal or suspension of any registered account with us;
• immediate, temporary or permanent removal of any contribution uploaded by you to our site;
• issue of a warning to you;
• taking legal action against you, including for reimbursement of costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
• disclosure of such information to law enforcement agencies and authorities as may be reasonably necessary or as required by law.

We exclude all liability for all action we may take in response to breaches of these terms. Actions we may take are not limited to those outlined above and we may take any other action we reasonably deem appropriate.

16. Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales