Terms and Conditions ("Terms")

Last updated: March 8, 2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.farepilot.com website (the “Website”) and the FarePilot mobile application (the “App”) (the App and the Website together, or individually, the "Service"). The Service is operated by The FarePilot Limited ("FarePilot", "us", "we", or "our"), a company registered in England and Wales. Our company registration number is 10515435 and our registered office is at 7 Stratford Place (Room 502) Marylebone, London, United Kingdom, W1C 1AY.

These Terms are a legal contract between you and FarePilot ("us" or "our" or "we" or “FarePilot”) and govern your access to and use of the Service and any the text, data, information, software, graphics, videos, photographs and more (all of which are referred to as “Materials”) that we and our affiliates may make available to you through Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SERVICE. USING THE SERVICE IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS SERVICE OR ANY PART OF THE SERVICE IF YOU DO NOT ACCEPT THESE TERMS.

User restrictions and access

You must be 18 years old or older to access or use the Service. This Service is intended for drivers only and may not be used by any person who is not legally entitled to drive a motor vehicle. You may not access the Service while operating a motor vehicle. 

Be aware that the use of some of the functionalities of the Service requires access to the internet

Acceptable use

You may:

(a) access the Service in compliance with the Terms; and

(b) print off one copy of any or all of the Materials for your own personal non-commercial use

(the Permitted Purposes)

You may not:

(a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use Materials (including User Generated Content, unless it is your own User Generated Content that you legally post to the Service or associated forum) except as set out above. These restrictions apply in relation to all or part of the Content; 

(b) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Service;

(c) link to the Service without our permission; 

(d) use the Service (or any part of it) 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 codes, including viruses, or harmful data, into the Service or any operating system;

(e) use the Service in a way which could damage, disable, overburden, impair or compromise FarePilot’s systems or security or interfere with other users;

(f) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running any part of the Service; or

(g) change or delete any ownership notices from materials downloaded or printed from the Service;

(h) circumvent or modify any Service security technology or software, without FarePilot’s express written consent.

If you wish to provide a hypertext or other link to the Service, please email hello@farepilot.com with details of:

(a) the URL(s) of the web page(s) from which you are proposing to link to the Service; and

(b) the URL(s) of the web pages(s) on the Service to which you are proposing to link

FarePilot may, at its sole discretion, agree to or reject any request in accordance with the above. FarePilot has no obligation to agree to any such request or to provide any reason for accepting or rejecting any such request.

In these Terms we are granting you a limited, personal, non-exclusive, revocable and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). You have no other rights in this this Service or any part thereof and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of Materials or Service in any manner. If you make copies of any part of the Service while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Service. You may only use such copies in connection with your use of the Service.

If you breach any of the provisions in these Terms, your right to use our Service and your right to use any of the Materials posted on our Website or App will cease immediately. You must, at our option, return, delete or destroy any copies of such Materials which you have made.

Mobile Services

Be aware that the use of some of the functionalities of the Service requires access to the internet and your carrier's normal rates apply. The Service contains services and features that are available to certain mobile or other devices (smartphone, PC, tablet, etc.) having an internet connection and able to download, install and use the Service (each a “Device”). By using the Service, you agree that we may communicate with you by electronic means to your mobile Device, including via in-App notices and/or push notifications. You further agree that certain information about your use of these services may be shared with us, as set forth in the FarePilot Privacy Policy, and, we may in accordance with applicable law and our Privacy Policy send you certain marketing communications. These communications will include information about our product and service, including new features or general information useful to our users. As set forth in the Privacy Policy, you must share your mobile location data with us, or the App will not function. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we don't send your messages to the person who acquired your old number.

We make available the App to access the website and Services via a Device. To use the App you must have a Device that is compatible with the mobile service. We do not warrant that the App will be compatible with your Device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one Device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your Device. You consent to such automatic upgrading on your Device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.

The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and FarePilot only, and not with Apple, Inc. (“Apple”).
  • Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
  • We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and FarePilot only, and not with Google, Inc. (“Google”).
  • Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):

  • You acknowledge that these Terms are between you and FarePilot only, and not with Amazon.com, Inc. (“Amazon”).
  • Information that we collect from you or your device is subject to these Terms and the Privacy Policy, and will not be subject to the Amazon.com Privacy Notice.
  • Amazon has no obligation or liability to you with respect to our Amazon Android App and the Services and Content available thereon or these Terms. We, and not Amazon, are solely responsible for our Amazon Android App and the Services and content available thereon. For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”). The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.

User generated content

User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, profiles that you and/or other Service users post or otherwise make available on or through the Service, except to the extent that such content is owned by or licensed to FarePilot.

You are solely responsible for your User Generated Content, your interactions with other users of the Service and your activity on the Service. You agree not to post any content or make any communications which may expose FarePilot or any of the Service’s users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic consent or is otherwise objectionable.

You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the Service. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person´s permission.

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to FarePilot a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.

Should any part of the Service offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of FarePilot.

Do not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. Do not use automated scripts to collect information from the Service.

Do not provide any false personal information about yourself. You confirm not to create more than one FarePilot account, create a FarePilot account on behalf of another individual, group or entity, or transfer your profile or account. Do not use or try to use another person's account, username or password.

FarePilot reserves the right to monitor any information transmitted or received through any forum provided, and, at its sole discretion and without prior notice, to review, remove or otherwise block any material posted.

FarePilot has no obligation to prescreen, monitor, edit or remove User Generated Content and assumes no responsibility for User Generated Content, even where it chooses to carry out prescreening, monitoring, editing or removal of User Generated Content. 

Safety

We take safety very seriously. Safety on the road is important to us, for this reason by signing up to our service you agree to use it responsibly.
Remember to stay safe while on the road. You should only use FarePilot if you are safely parked.

Security

If you choose or are provided with a username, password or any other piece of information as part of FarePilot’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to the Service under your username and/or password. You are responsible for any actions that take place while using your Service account or while using the Service via your Device and FarePilot is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

Offers and Save money

FarePilot may ask or collect information regarding your expenses and earnings. This information is used to help our users find and redeem offers from a variety of sources. Whilst FarePilot has an understanding of these offers, by accepting our terms you will own researching and validating them, and FarePilot accepts no liability for any issues.

If you would like some help before proceeding with an offer, please contact us via our chat feature in the app, or email hello@farepilot.com.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel its, it is cancelled for you or the purchased item reaches its natural end point.

You may cancel your Subscription renewal either through your online account management page or by contacting hello@farepilot.com . A valid payment method, including is required to process the payment for your Subscription. You shall provide FarePilot with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize FarePilot to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, FarePilot will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

FarePilot may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by FarePilot until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, FarePilot reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

FarePilot, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

FarePilot will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property Rights ("IPR")

All Materials and intellectual property contained in or on the Service (except for User Generated Content) is owned by FarePilot or its licensors. All Materials (except for User Generated Content) are a collective work under applicable copyright laws and is the proprietary property of FarePilot. FarePilot reserves all of its rights in respect of the Materials contained in the Service and in respect of the Content.

All trademarks included in the Service are owned by FarePilot or its licensors. FarePilot reserves all of its rights in respect of the trademarks included on this Service.

Nothing in these Terms shall be interpreted as granting to you any license of IPR owned by FarePilot or its licensors.

Data Protection and Privacy Policy

Personal details and other information relating to you provided to any FarePilot company through this Service will be used in accordance with our Privacy Policy. Please read this carefully before continuing. By downloading or using the Service you are consenting to use of this information in accordance with our Privacy Policy, which is incorporated into these Terms by this reference.

External websites and applications

The Service may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to the Service) or in some cases it may appear within the frame of the Service (in which case you will be able to return to the Service by using the navigation buttons within the frame of the Service). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. FarePilot is not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which the Service includes a link infringes the intellectual property rights of any third party).

Termination

FarePilot reserves the right in its sole discretion to terminate your account and/or access to the Service or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict your use of all or any part of the Service at any time, for any or no reason, without notice and without liability to you or anyone else. FarePilot also reserves the right to prevent access to the Service or any of its functionalities or features.

After any line of action subject to the above Clause you are not allowed to create a new account to circumvent the termination, deletion or restriction.

You understand and agree that some of your User Generated Content may continue to appear on or through the Service or may persist in backup copies for a reasonable period of time even after your account and/or access to the Service is terminated.

These Terms remain in effect after your account and/or access to the Service is terminated.

If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to indemnify, defend and hold harmless FarePilot, its affiliates, officers, directors, employees, agents, licensors, contractors, and suppliers from and against all claims, losses, liabilities, expenses, loss of profits, obligations, damages and costs or debt, including, without limitation, legal costs arising from or relating in any way to your User Generated Content, your use of User Generated Content, your use of the Service or any violation of these Terms and Conditions , any law or the rights of any third party.

Disclaimer and Liability

You are responsible for the accuracy of the information that you enter or submit into the Service. While FarePilot does its best to ensure that any information provided as part of this Service is correct at the time of inclusion on the Service, FarePilot cannot guarantee the accuracy of such information. 

To the fullest extent permitted by law, FarePilot disclaims all warranties, express or implied, regarding the operation and use of the Service and any products accessed via the Service. You understand and agree that you use the Service at your own risk and that you are solely responsible for your use and for any damage to the Device through which you access the Service, loss of data or any other harm of any kind which may result from downloading, accessing or using the Service. Further FarePilot shall have no liability to you or others regarding the Service, including damage caused by:

(a) inaccurate, untimely, incomplete or erroneous information;

(b) unavailability of the Service at any time or for any period;

(c) failure to log in, access the Service or stay on-line;

(d) events beyond our control or which could not have been reasonably foreseen; or

(f) third party interference such as hacking, computer viruses, bugs, trojans, information posted on the web by unauthorised parties, phishing, and any other cyber crime.

To the fullest extent permitted by law, FarePilot shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with any products accessed via the Service, your use of this Service, or for your reliance on any information or advice contained in the Service for:

(a) loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;

(b) losses caused by business interruption;

(c) loss of goodwill or reputation;

(d) loss or corruption of data, information or software; or

(e) any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your use of the Service or any materials posted on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or FarePilot.

Further, FarePilot shall not be liable to you or any third party in respect of fraud, negligence, act, default or omission or willful misconduct of independent contractors engaged by FarePilot, or their employees, contractors or agents.

Nothing in these Terms shall limit or exclude FarePilot’s liability for death or personal injury caused by FarePilot's negligence or for fraud or fraudulent misrepresentation.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes to/operation of the Service

FarePilot may change the format and content of all or any part of the Service at any time, including but not limited to removal of features or functionalities in the Service.

FarePilot may suspend the operation of the Service, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

Updates to the Service may be issued from time to time through the Appstore or Google Play. Depending on the update, you may not be able to use all or part of the Service until you have downloaded the latest version of the Service and accepted any new terms.

Changes to these Terms

FarePilot may change these Terms at any time without notice, effective upon posting the amended Terms to the Service. In the event that the Terms are amended, you will be asked to accept those revised Terms when you next use the Service. Any use of the Service thereafter will be on the basis of those revised Terms.

Transfer of Rights

FarePilot may transfer its rights and obligations under these Terms to any affiliate of FarePilot. Any such transfer will not affect your rights or FarePilot's obligations under these Terms.

Complaints procedure

If you have a question or complaint about the Service, please email hello@farepilot.com.

Severance

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

Integrations

By using any log in credentials created by yourself for FarePilot, or using third party applications and integrations, you hereby grant FarePilot a non-exclusive, royalty free licence to use and store this credential information for iterating our services and creating a more efficient service for the users.

You also understand that FarePilot does not represent or act on behalf of any third party applications or integrations.