Our networked journey sharing portal enables you to easily and in real time connect with friends, colleagues or other people who are part of your community/group to provide a trusted network enabling you and others you trust to travel together, reducing congestion on the roads, saving you money, time and providing benefits to the environment. Users of the Faxi.co.uk website and facilities available through it (also referred to as Members) can search for travel companions (whether in your own car or theirs) in a similar locality or passing by your locality, contribute to costs, offer other benefits and rewards, and arrange shared travel with other Members.
Faxi.co.uk is a website operated by Faxi Limited, a private company registered in England and Wales (number 08598706). Our registered office is at Suffolk House, 7 Hydra, Orion Court, Addison Way, Great Blakenham, Ipswich IP6 0LW.
In these Terms:
- (1) References to ‚you‘, ‚your‘ and ‚yours‘ are references to the person accessing the Faxi.co.uk website and/or using any of the Facilities together with any party represented by such person or end user.
- (2) References to ‘Faxi’, ‚we‘, ‚us‘ and ‚our‘ refer to Faxi Limited.
If you wish to contact Faxi Limited please refer to the Contact Us section which can be found on our website.
B. Important notices
This notice applies to the entire contents of the faxi.co.uk website („Website“) and to all communications between us and you.
Please read these Terms carefully before using the Website or becoming (or applying to become) a Member, administrator or user. By becoming a Member, administrator or user of the Website, you agree to be bound by and comply with the following Terms. If you do not accept these Terms you should not use nor register with the Website. By registering with the Website and/or using the Website and/or accessing any of the Facilities you are deemed to accept these Terms.
By ticking a box next to „I have read the Terms and Conditions and accept them.“ and/or clicking the ‚Next‘ button, you accept and agree to be bound by these Terms and represent and warrant that you have sufficient right, authority and capacity to enter into and abide by all of the terms and conditions set out herein.
Without prejudice to paragraph 10 below of these Terms please note that:
- The Website provides a method by which individuals may initiate contact with each other. We do not provide a matching service between members or purport to offer advice as to transport and/or suitable travel companions which remain entirely your responsibility;
- Users of the Website are advised that no checks whatsoever are made against anyone joining the Website and/or using it to offer or accept offers. Individuals should, therefore, exercise all due caution and satisfy themselves that the person or persons that they are travelling with are suitable and Faxi is not responsible in any way;
- Faxi does NOT provide transportation services, and is not a transportation carrier. It is up to the transportation provider, driver or vehicle operator to offer transportation services which may be scheduled using the Website and/or Facilities. Faxi offers information and a method to schedule and share travel, but does not in any way provide transportation services or act in any way as a transportation carrier, and has no responsibility or liability for any transportation services provided to or by you.
- We strongly advise you to read our Safety Tips.
C. Safety statement
- The definitions and rules of interpretation in this condition 1.1 apply to these Terms and Conditions.
- „Administrator“ means a person or entity appointed by any group of Users to administer that group; the administrator may also be a user within the group.
- „Affiliate“ means an entity that is a Client or has entered into a marketing or promotion agreement with Faxi to market or promote the Website and/or Facilities to potential users.
- „Client“ means an entity that has purchased a licence to use a white-labelled version of the Faxi.co.uk website and/or Facilities.
- „Faxi.co.uk“ means the Facilities and the Website the purpose of which is to facilitate on-line contact between individuals to schedule travel sharing and otherwise.
- „Facilities“ means any or all of the facilities available to Members on or through the Website.
- „Group“ means a group of Users administered by an Administrator; the Website is used by a number of Groups.
- „Member“ means any person registered on the Website or who is an Administrator or User and „Membership“ shall be construed accordingly.
- „Website“ means this Faxi.co.uk website.
- The expression „including“ as used is to be construed as being immediately followed by the expression „without limitation“, consequently, any such phrase shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- Words appearing in the singular shall include the plural and vice versa.
- Headings do not affect the interpretation of these Terms.
- Reference to a statute, statutory provision or subordinate legislation made under a statute is to be construed as being to that statute, provision or subordinate legislation as amended or re-enacted from time to time whether before or after the date appearing at the top of these Terms as the last revision date. Where we refer to a statute, that reference includes any subordinate legislation made under that statute whether before or after the date of the latest revision of these Terms.
2. Eligibility, registration and your account
- In order to validly register as a Member of Faxi.co.uk and use the Website, you must be at least eighteen years old.
- To become a Member of Faxi.co.uk you must complete the registration process and/or subscribe and agree to these Terms. Registration is necessary for anyone wishing to access and/or use the Facilities and Website. Information provided must be current, complete and accurate in all respects. You undertake to keep all details current. We have the right to refuse to grant you an account at our sole discretion.
- Subject to our right of refusal referred to in 2.2, upon registering, you will be asked to choose a user id and password. This information is strictly private and confidential and you are entirely responsible for ensuring that this is not communicated to or shared with any other person. We are entitled (but not obliged) to terminate your account at any time, including if we become aware that you have disclosed your user id and/or password to any other person. Please note that you are entirely and solely responsible for your posted journeys and all communications using the Website. We have no obligation to monitor any journeys or communications.
- We are not obliged nor do we have the technical means to check the identities of every person registered to use Faxi.co.uk . The use of your account is expressly limited to you, and you are not entitled to transfer or share your account with any other person (temporarily or permanently). We are not liable and you are solely responsible if a Member’s identity is used by another person, and you indemnify us against all losses, damages and claims relating to such use. If you have any reason to believe that another person may be using your identification information or account you must inform us immediately by contacting us. To protect your privacy, we will suspend access or change access to your account as soon as possible following notification by you that your password has been lost, stolen or otherwise compromised.
- You are accept entire responsibility for any and all statements made and activities that occur through your account.
- You are responsible for all equipment (including but not limited to all computer, software, telephone, internet and other telecommunication systems) used to access the Facilities, together with any charges or costs incurred as a result of its use.
3. Right of cancellation
- Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you have the right to cancel your Membership accompanied by your right to access and use the Facilities within seven days of your acceptance of these Terms upon first registration. The agreement made between us and you as set out in these Terms will otherwise remain in full force and effect while you are a Member.
4. Refund policy
- FAXI will not be liable for any payments made from passenger to driver. Please contact your driver regarding cost contributions made in error.
- For corporate clients paying yearly in advance, if you cancel your account within 14 days of upgrading or registering a paid group you’ll get a pro rata refund for the amount you paid FAXI less any costs incurred by FAXI in assisting your set up or promoting your group.
5. Journey matching and scope of website and facilities
- The Website and/or the Facilities enable you to contact other Members with a view to sharing transport so that you can travel together and to search for travel companions. It is not our purpose to broker, arrange or advise you of travel sharing arrangements for you or for other Members with you. The Website and the Facilities do not include arranging off-line meetings between Members, supplying access to the internet network, or providing an electronic communication service to the public. As such, we have no legal obligation to identify Members when they connect to the Website or to monitor content published by Members. Because we are unable technically to provide such services, we do not undertake contractually to identify Members or to moderate the content published by any of them (which remains their sole responsibility).
- We are not liable for any false or abusive statements made by a Member. We do not make any checks whatsoever against anyone joining Faxi.co.uk . For the avoidance of doubt, no checks are made by us of Member’s driving licences, authorisations, and vehicles (including whether they are roadworthy and/or whether current MOT certificates and/or insurances are held). You are strongly advised, therefore, to exercise caution and to satisfy yourself that the person or persons with whom you may travel are suitable and where you propose to be a passenger in a car driven by them (or some person authorised by them) as to the validity of the driver’s driving licence, insurances, MOT certificate and other requirements needed for their vehicle and ride sharing (as appropriate). Therefore, it is imperative that you carry out all necessary investigations of your fellow travellers and vehicles when arranging to share travel arrangements and transport. You must also take all relevant precautions when arranging to meet with another Member.
- We are not liable for any consequences arising out of meetings between Members, whether on the Website, through any of the Facilities or in person during meetings between Members or non-Members as a consequence of the use of the Website or other Facilities. In addition, it is recommended that you tell someone who you trust when you arrange a meeting and that you arrange to meet in a public place.
6. Rules of behaviour
- Faxi.co.uk accommodates a diversity of interests and opinions. However, Members must conduct themselves properly and behave well towards each other and with mutual respect and consideration and take responsibility for their own actions and decisions. Faxi.co.uk 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 our business interests, constitute a criminal offence, exploit children and/or vulnerable adults, violate rights of others, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any group or participant, which in our sole judgement, breaches this condition and/or breaches the undertakings and/or obligations set out in clauses 5.3, 5.4 and 5.5 below.
- Without prejudice to condition 13 (Termination) below, you undertake not to use any of the Facilities (including the Website):
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or harassing or bullying or causing nuisance or annoyance, or attempting to harm or harass or bully or cause nuisance or annoyance to any person (including minors and/or vulnerable adults) in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with condition 5.5 below;
- to advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and facilities;
- to transmit, or procure the sending of, any unsolicited or authorised advertising or promotional material or any other form of similar solicitation;
- to knowingly or without due care transmit any data, send or upload any material or information that contains viruses, Trojan horses, worms, time-bombs, 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;
- to harvest, aggregate, mine, copy or otherwise collect information about others, including but not limited to names, email addresses, passwords, telephone numbers, usage information without their consent;
- to attempt to gain unauthorised access to, tamper with, modify, or hack into, or reverse engineer any of the Facilities (including the Website);
- for resale to any third party;
- other than for your personal use.
- You also undertake:
- not to reproduce, duplicate, copy, reverse-engineer, or sell all or any part of the Website and/or the Facilities.
- not to access without authority, interfere with, damage or disrupt:
- all or any part of the Website and/or the Facilities;
- all or any equipment or network on which the Website and/or any of the Facilities is stored;
- all or any software used in the provision of the Website and/or any of the Facilities; or
- all or any equipment or network or software owned or used by any third party.
- to use your user id and password solely for the purpose of your authentication for access to the Website and the Facilities. For the avoidance of doubt, you are prohibited from creating a Membership id/profile using a false identity for the purpose of misleading others (including us) of your identity or to impersonate another person;
- to keep secure and confidential your account details and password, and any identification or code we provide to you for use in relation to the website and Facilities;
- to provide us with whatever proof of identity we may reasonably request at any time; and
- to use the Website and the Facilities in accordance with the purpose set out in these Terms.
- Without prejudice to condition 13 (Termination) below, you undertake to comply with the following obligations in relation to the content of the material which you may from time to time contribute to or upload onto or obtain from the Website or the Facilities:
- to ensure that all content posted, published, uploaded, disseminated and/or broadcast in any form whatsoever is accurate, genuinely held and complies with applicable and prevailing law from time to time both in England, and in the event that it is not posted, uploaded, disseminated or broadcast in England in the country from which it is so posted uploaded, disseminated or broadcast;
- not to post, publish, upload, disseminate or broadcast in any form whatsoever content that contravenes the rights of any other person or that is defamatory, obscene, injurious, offensive, hateful or inflammatory, violent or inciting violence, sexually explicit or promotes sexually explicit material, political or fraudulent, and, in general, any content that is contrary to the purpose of Faxi.co.uk, prevailing laws or rules and/or prevailing acceptable norms and standards;
- not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that promotes discrimination of any type;
- not to post, publish, disseminate, upload, broadcast or reproduce any information protected by copyright, trademark or other intellectual property or proprietary information of others, and/or do anything which may infringe any copyright, database right, trade mark or other intellectual property of any other person, without first obtaining prior written consent of the owner of such proprietary works, data or information;
- not to post, publish, disseminate, broadcast and/or knowingly cause to be posted, disseminated, or broadcast in any form whatsoever content or links to third-party websites;
- not to post, publish, disseminate, upload or broadcast in any form whatsoever content that is likely to deceive, harass, upset, embarrass, alarm or cause annoyance, inconvenience or needless anxiety to any person;
- not to post, publish, disseminate, upload or broadcast in any form whatsoever content to impersonate any person or to misrepresent your identity or affiliation with any person;
- not to post, publish, disseminate and/or broadcast in any form whatsoever content which advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- not to post, publish, disseminate or broadcast in any form content which could violate the privacy, proprietary and/or other rights of any person or entity, including any personal information provided by another Member (including their email address, postal address, telephone number) which would enable a Member to contact another Member without using Faxi.co.uk;
- not to post, publish, disseminate and/or broadcast in any form whatsoever content in breach of any legal duty (including any contractual duty or a duty of confidence owed to any other person);
- not to express or imply that any statements you make are endorsed by or emanate from us and/or the Website without our specific prior written consent.
- Failure on your part to comply with all or any of the obligations and/or undertakings set out in clauses 5.3, 5.4 and/or 5.5 above will constitute a serious breach by you of your obligations to us and/or under these Terms. If you breach one or more of these obligations or undertakings, then without prejudice to condition 13 (Termination) below we shall be entitled to take all or any of the following steps:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
- commence legal proceedings against you including reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administration and legal costs) resulting from your failure to so comply.
- disclose such information to law enforcement and/or other competent authorities as we may reasonably feel is necessary.
- The steps described in condition 5.5 above are not exhaustive, and we may take any other action which we deem to be appropriate acting in our absolute discretion.
7. Access to the website and the facilities
- Access to the Website and the Facilities is provided on an „as is, as available“ basis. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of the Website and/or the Facilities with or without prior notice to you. We shall not be liable to you or to any other person if, for any reason, all or any part of the Website and/or the Facilities are unavailable at any time and for any period (including in the event of their total or partial discontinuance by us).
- You are responsible for making all arrangements necessary for you to have access to the Website and the Facilities. Without prejudice to condition 2.3, you are responsible for ensuring that all persons who access the Website or the Facilities through your internet connection are made aware of these terms, and that they comply with them.
- We give no warranty that the Website and the Facilities and any graphics or other content you may download from time to time from the Website or the Facilities will meet your requirements, or that the Website or the Facilities will be uninterrupted, timely, secure, or error free; nor do we give any warranty as to the results that may be obtained from the use of the Website and/or the Facilities and/or as to the accuracy or reliability of any information obtained through all or any of the Website and/or the Facilities or that defects in all or any of the Website and/or the Facilities will be correct.
- We aim to update the Website and/or the Facilities regularly, and may, at any time, change the content or archive or delete any of the journeys on the Website or the Facilities. If the need arises, we may suspend access to the Website and Facilities and close it or them indefinitely. Any of the material on the Website and/or the Facilities may be out of date at any given time, and we shall be under no obligation to update such material.
- We are under no obligation to oversee, monitor, review or moderate discussions, chats, postings, transmissions, and groups. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or any Facilities by a Member in contravention of condition 5.5 of these Terms.
9. Intellectual property
- With the exception of any pre-existing intellectual property rights in any trademarks, logos, graphics and text or other intellectual property rights owned by a Client, which remain the exclusive property of a Client, all rights title and interests in the trademarks, logos, graphics, animations and text used within the Facilities and those featured on the Website are Faxi’s intellectual property („Faxi IPR“) and, as such, the Website pages (or any part of them), the Facilities and elements of the Facilities may not be copied, reverse engineered, reproduced, modified, published, disseminated, transmitted, used, licensed, represented, exploited for commercial gain or distributed in any form whatsoever, in whole or in part, without our express written permission.
- Any rights of use of any Faxi IPR that may be granted by us to you are strictly limited to accessing, downloading, printing for the sole purpose of proper ordinary use of the Website and Facilities for journey sharing using the Facilities, and to use of these documents for private and personal purposes only within the scope of and for the duration of the Member’s membership of the Website. Any other use by the Member is strictly prohibited.
- You hereby grant (and represent and warrant that you have the right to grant) to us a royalty-free, non-exclusive, licence (together with the right to grant sub-licences) to use, copy, reproduce, represent, adapt, modify, translate, scan, sub-licence, assign, transmit, and create derivative works to any and all content, information, data, images and materials you publish, upload, post, disseminate, broadcast or distribute on or through the Website or the Facilities, solely to the extent necessary to perform the services of the Website or to support Affiliates and provide data to them („Your Content“). Any and all Member data (such as name, address and e-mail address) that is collected through any Member registration process or otherwise shall be owned by Faxi.
- You hereby expressly authorise us to modify Your Content in order to conform to the look and feel of the Website and the Facilities and communications media used by us or to make Your Content compatible with any technical processes or appropriate media formats.
- The rights referred to in condition 8.3 and/or condition 8.4 are worldwide and exist for the entirety of the agreement between us as described in these Terms.
- You must not copy, reproduce or otherwise use for any purpose whatsoever any content relating to other Members except to the extent required for the purpose for which Membership of the Website is expressly permitted as described in these Terms.
10. Uploading content to the website
- Whenever you make use of the website, upload any content, information, data, images or materials to the Website or make contact with other Members, you undertake to and warrant that you have complied in all respects with the Rules of Behaviour set out in condition 5 of these Terms, and you hereby indemnify us for any breach of that warranty.
- Any content, information, data, images and materials you upload to the Website or the Facilities is agreed by you to be non-confidential and non-proprietary and, without prejudice to condition 8.3, we have the right to use, copy, distribute and disclose to any other person any such content, information, data, images and materials for any purpose. We also have the right to disclose your identity to any person claiming that any content, information, data, images or materials published, uploaded, posted, disseminated, broadcast or distributed on or through the Website or the Facilities constitutes a violation of their intellectual property rights, their right to privacy or any law.
- We shall be entitled to remove any content, information, data, images and materials you upload to and posting made on the Website or the Facilities if, in our opinion, such material does not comply with the Rules of Behaviour set out in condition 5 of these Terms.
11. Limitation of our liability to you
- You agree that we have no responsibility for any personal or financial consequences, which result from the use of the Website and Facilities. The Website is simply a „virtual notice board“ which allows you to post journeys, search for matches with other Members and contact them.
- The material displayed on and your access to use of the Website and Facilities is provided without any guarantees, conditions or warranties as to its accuracy or completeness or suitability. To the fullest extent permitted by law, we and any and all third parties connected to us (including our employees, officers, agents, representatives and/subcontractors) hereby expressly exclude:
- any and all conditions, warranties and other terms (including any and all express or implied warranties) which might otherwise be implied by statute, common law or the law of equity;
- any and all liability for any direct, indirect and consequential loss, damage and costs incurred by you in connection with the use, inability to use, or arising (directly or indirectly) from use of the Website or Facilities, any websites linked to either of them and any content, information, data, images and materials published, uploaded, posted on, disseminated, broadcast or distributed on or through the Website or the Facilities, and any communications through the Website and Facilities including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, and wasted management or office time, whether caused by tort (including our negligence), breach of contract, breach of statutory duty or otherwise, even if any such loss or damage is reasonably foreseeable.
- You acknowledge and agree that neither we nor any of our employees, officers, agents, representatives and/subcontractors endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed or made available through use of the Website or any of the Facilities, or provided by us or by any of our partner organisations, by any Affiliate, Member or by any other person or entity. We shall not be responsible or liable for the content of such materials or the conduct of Affiliates or Members (whether offline or online). You are strongly advised to use caution and common sense when using the Website or the Facilities and in meeting people following contact made through the Website or the Facilities.
- You acknowledge that we and our employees, officers, agents, representatives and subcontractors do not pre-screen content, but that we (and those authorised by us) have the right (but not the obligation) in our sole discretion to refuse, edit, move and remove any content that is made available on or through the Website and/or the Facilities.
- We do not control content posted on or disseminated through the Website or the Facilities and, as such, do not guarantee the accuracy, integrity or quality of any such content. You understand that by using the Website or the Facilities, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content including 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 disseminated or transmitted through the Website or the Facilities or resulting from use of the Website or Facilities.
- If you order goods, services or facilities from anyone other than Faxi Limited whether through any commercial on Faxi.co.uk website or services accessible through the Website or the Facilities, or provided by any Affiliate, 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 goods or facilities in question. You are solely responsible for fulfilling any contractual, e-commerce or other obligations you assume using the Website or the Facilities. We give no warranties or representations whatsoever with regard to any goods or facilities provided by the seller of the goods or facilities and shall not be liable for any costs, damages or costs arising (directly or indirectly) from the goods or services or facilities ordered or from any actions or inactions of the seller of any of those items.
- We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
- Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by negligence; (b) fraudulent misrepresentation or misrepresentation as to a fundamental matter; or (c) any other liability which cannot be excluded or limited under applicable law.
12. Your indemnity to us
- You agree to indemnify us, our holding companies, our subsidiaries, our Affiliates, our officers employees, agents, representatives and subcontractors against any and all claims, demands, costs, losses, liabilities and expenses including legal expenses and consequential loss (on an indemnity basis) arising out of or relating to:
- your use of the Website and/or the Facilities;
- any part or all of your Content;
- any breach of these Terms; and/or
- breach of any warranty or representation given by or on behalf of you.
- We may close your account on the Website and/or the Facilities at any time without cause, or if we believe, in our sole discretion, that you have violated any of the Rules of Behaviour set out in condition 5 of these Terms. We may also immediately terminate your Membership and right to access and use the Website and the Facilities if:
- you breach the agreement made between us as set out in these Terms;
- we are unable to verify or authenticate (should we choose to do so without being obliged to do so) any information you provide to us;
- any information which you provide to us is inaccurate;
- we decide, in our sole discretion, that you have abandoned your account; or
- we decide, in our sole discretion, to discontinue operating, maintaining and/or offering all or any of the Website and/or the Facilities.
- We shall not be liable to you or any third party for termination of the Website or all or any of the Facilities.
- Termination of your Membership and any closure of your account by us shall be without prejudice to any other rights or remedies that we may have including any and all claims under any indemnity set out in these Terms or any and all claims for damages in respect of any loss suffered as a result of breach of any of these Terms by you.
- You may at any time and with or without cause terminate your registration with the Website and the Facilities and your Membership by cancelling your account and notifying us of that cancellation. In cancelling your account, you agree to delete yourself from the Website and the Facilities and our database through the ‚Settings‘ page.
- In the event of termination of your Membership you will remain obligated not to violate the rights or privacy of any person or entity with respect to any materials you may have received or downloaded through and/or from the Website and/or the Facilities.
14. Variations to terms
- The information, material and content provided in the pages of the Website and the Facilities may be changed at any time and from time to time without notice. We may revise these Terms at any time without prior notice. You agree that you will check this page on the Website on a regular basis to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.
15. Entire agreement and miscellaneous provisions
- These Terms, and the pages on the Website and the Facilities to which these Terms refer, constitute the entire agreement between us. They cancel and supersede all prior understandings, proposals, agreements, negotiations, and discussions between us whether written or oral.
- If any provision (or part of any provision) of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in anyway.
- No forbearance, delay or indulgence by either of us in enforcing our respective rights shall prejudice or restrict those rights. Neither of us shall be deemed to have waived any of our respective rights under these Terms because of our respective failure or delay in exercising that right.
- You may not assign, transfer and/or subcontract all or any of your rights and/or obligations under the agreement between us set out in these Terms which are personal to you and any attempt on your part to the contrary is void. The agreement made between us as evidenced in these Terms shall inure to the benefit of and be binding upon each of our successors and assigns.
- Any notice required or permitted to be given to you by us under these Terms shall be delivered by electronic mail to the email address provided by you during registration on the Website.
16. Rights of third parties
- A person who is not a party to the agreement between us has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of these Terms.
17. Jurisdiction and governing law
- These Terms and the agreement made between us are governed by and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms or in connection with or arising from any use of the Website or the Facilities.
- If you have any concerns about any material whatsoever which appears on the Website or the Facilities, please contact firstname.lastname@example.org.
- If you believe that any communication made through or on the Website and/or any of the Facilities infringes any legal rights that you may have or is in breach of any of these Terms (including the Rules of Behaviour) or know of or suspect any unauthorised posting of or attempt to post any communications, you should notify us immediately with specific details by email at the following address: email@example.com.
- You agree to comply with all reasonable requests from us, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Website and/or the Facilities.
19. Information we gather and track
- We gather two types of information about Members: data that Members provide through optional, voluntary registration and data gathered through tracking information derived mainly by tallying page views, journeys, and journey plan posts. Such information enables us to improve the tailoring of our features and content to Members‘ needs and to help us and Affiliates better understand and cater to the demographics, desires and needs of our Members, and to provide advertising, offers, promotions and to enhance User experiences. By registering, Members are deemed to consent to use of that information by Faxi and its affiliates and contractors.
- We track Member traffic patterns throughout our network and geolocations. This information may be used to help personalize the Website, to provide calulations of journeys and proof of journeys, costs, fees, or target advertising, promotions, offers and offer improved User experience. We may also break down usage statistics according to a Member’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every Member’s browser).
20. Use of the information
- We use information given by our Members to show their journeys to individuals searching for potential matches and to enhance their experience, whether to provide interactive or personalised elements on the network, to provide data about journeys, geolocation data, make calculations, establish costs and fees, or to better prepare future features based on the interests of our Members. We also share that information with the Administrator and Affiliates.
- We use your email information to provide more journey matching features and promotions that may be of interest. You may communicate with other users of your Group using the Faxi Facilities regarding specific journey postings. Your Group Administrator may use your email to communicate with you regarding matters relating to your Group. You agree not to communicate with other users in your Group directly via their email but only by using the Website and Facilities. We may also send you email notifications of specific changes to the Website or Facilities. You agree that we may share individual email addresses, telephone numbers or postcodes with third parties, including advertisers or partners.
- If during registration you opt to be contacted by telephone then your telephone number will be viewable by other Members.
- We create aggregate reports on Member demographics, traffic patterns and other information for our clients, associates and partners. This allows our clients, associates and partners to advertise more effectively, and allows our Members to receive information that is pertinent to them.
21. Sharing of the information
- We use information to tailor our content and to help our Members and Affiliates. This is essential to keeping the Website and Facilities low cost and to enhancing the User experience. We do not share the names, date of birth, postal address or email addresses of any specific Members (other than your Administrator) with any third party (other than your Administrator) without prior consent from that Member. We do not control the practices of Members and Affiliates. If you have questions about how one of our Members and Affiliates and your Administrator, uses information about you please contact them directly (we will divulge information only as necessary to comply with English law).
- To help Members increase their chance of connecting with others travelling their way we may share summary journey information for journeys that Members have chosen to register onto the public Faxi network with other websites. The information shared with non-Members will not include your name, date of birth, postal address or email addresses.
22. Correct/update policy
- We offer Members the ability to correct or change the information collected during their registration process (see above). The instructions for doing this can be found on the Website. Members may change this information at any time and as often as necessary. Members may also delete their account at any time. Members who are experiencing problems or who have any questions can contact us at firstname.lastname@example.org.
23. Data protection
- Faxi Ltd is registered on the Data Protection Register.
- Under the Data Protection Act, 1998 (DPA) an individual has the right to request copies of all their personal data known as a subject access request (SAR). In order to get a copy of their personal data, an individual has to make a request in writing, provide sufficient information to identify themselves and the information they are seeking and the necessary fee (the Act allows a Data Controller to charge up to £10 for a request).
- SAR forms should be completed by the individual and returned to the Data Protection Administrator at Faxi Ltd at the Contact address shown on the Website. Faxi Ltd will acknowledge all SARs. Faxi Ltd will respond to a SAR within 40 calendar days of the required documents and fee being submitted
- All SARs will be treated in the strictest confidence and will only be processed by authorised Faxi staff in order to locate the information and process the SAR
- Only information which is considered to be personal data will be released under a SAR. The anonymity of other individuals or other information which is not considered to be personal data may be protected, as appropriate, by redaction or omission in accordance with the DPA.
- In order to request information on behalf of another individual Faxi Ltd requires proof that you are acting with the authorisation of that individual. Therefore, some additional information is required. If you are acting on behalf of another individual a written request must be submitted along with the statutory £10 fee, signed authorisation confirming the data subject’s consent to the agent acting on individual’s behalf, and evidence of the identity of the data subject
24. Our details
Suffolk House 7 Hydra
Orion Court, Addison way,