1. These terms
1.1 About us. STAXY is one of the first student-exclusive ride-sharing platforms. STAXY is a mobile application on iOS and Android that provides a platform for university students in the UK to both list and share car journeys that they are already making and to enable them to share the associated costs (“the Platform”) Our aim is to enable students across the UK to access more affordable and convenient transport whilst reducing their carbon footprint.
1.3 Why you should read them. Please read these terms carefully before you create your Account. These terms tell you who we are, how we will provide the Services and the Platform to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.4 These terms only apply to consumers. You are a consumer if you are an individual and you are using our Services wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). You may not use our Services or Platform if you are a business and we have no liability to you if you do so in breach of these Terms.
1.6 Your Appstore's terms also apply. The ways in which you can use the Platform may also be controlled by the rules and policies of the Appstore you used to download the STAXY app.
2. Information about us and how to contact us
2.1 Who we are. We are STAXY Ltd a company registered in England and Wales. Our company registration number is 12450990 and our registered office is at West Cottage Rock Road, St Minver, Wadebridge PL27 6PW.
2.2 How to contact us. You can contact us by emailing us at email@example.com
2.3 How we may contact you. If we have to contact you we will do so via the Platform, by telephone or emailing you at the email address you have provided to us in your STAXY Account.
3.1 In these Terms, the following definitions apply:
“Account” means the account that must be created in order to become a Member and access the services offered by the Platform;
“Booking Confirmation” has the meaning given to it in clause 4.2 below;
“Complaint” means a complaint made to STAXY by a Member in relation to a Journey using STAXY’s complaints process as described in clause 4.6 below;
“Price per Passenger” means the sum of money requested by the Driver and accepted by the Passenger as an accurate contribution to the travel costs for a given Journey;
“Driver” means the Member using the Platform to offer to transport another individual in exchange for the Price per Passenger for a Journey;
“Group” means a collective of Members joined together in a group under the Group setting on the Platform, for example those who attend the same university, those who are part of the same sports team, or those who live in the same area;
“Journey” means the journey that forms the subject of a Journey Post published by a Driver on the Platform, and for which the Driver agrees to transport Passenger in exchange for the Price per Passenger;
“Journey Post” means an advertisement about a Journey posted on the Platform by a Driver, and “post a Journey” shall be construed accordingly;
“Member” means any individual having created an Account on the Platform;
“Member Content” has the meaning given to it in clause 11.2 below
“Passenger” means the Member using the Platform to accept the offer to be transported by the Driver in exchange for the Price per Passenger;
“Platform” has the meaning given to it in clause 1 above;
“Private Group” means a Group that is only available to view by other Members of that Group or by invitation only of one of the Members of that Group;
“Public Group” means a Group that is available to view by all Members;
“Seat” means the seat booked by a Passenger in the Driver’s vehicle ;
“Service Fees” means the fees STAXY charges for its services in providing the Platform calculated in relation to the Price per Passenger for each Journey;
“Services” means all services delivered by STAXY via the Platform;
“STAXY”, “us”, “we” means STAXY Ltd, the providers of the Platform; and
“Terms” means these terms and conditions as may be updated from time to time.
3.2 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. Our contract with you and the Journey Contract between Driver and Passenger
4.1 You agreement to these Terms. By clicking “Create my account”, you recognise that you have read and accepted all these terms and conditions of use of the Platform, at which point a contract will come into existence between you and us. In using the Platform and in accepting these Terms, you recognise that STAXY is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Journey when ride-sharing.
4.2 STAXY’s role in providing the Services. STAXY provides the Platform for Members to arrange the ride-sharing services directly between themselves as Passenger and Driver. STAXY does not provide ride-sharing services. Ride-sharing services are provided by Members to each other under a separate contract between a Passenger and Driver (the "Journey Contract"). STAXY is not a party to the Journey Contract nor is STAXY is a party to any agreement, contract or contractual relations of any nature, entered into between the Members of the Platform. STAXY only provides a platform on which Members can agree to share Journeys and the associated costs.
4.3 When the Journey Contract comes into effect. If you are a Driver you agree to the Journey Contract when you Post a Journey. STAXY acts as a disclosed agent for the Driver in communicating the Driver’s agreement to enter into the Journey Contract with the Passenger. If you are a Passenger you agree to the Journey Contract when you book a Seat. Once the Passenger has booked a Seat, the Journey Contract will come into effect.
5. How you may use the App
5.1 In return for your agreeing to comply with these terms you may:
(a) download or stream a copy of the Platform onto your mobile device and view, use and display the Platform and the Services on such devices for your personal purposes only; and
(b) receive and use any free supplementary software code or update of the Platform incorporating "patches" and corrections of errors as we may provide to you.
5.2 You must be 18 to accept these terms and download the app.
5.3 Operating system requirements. This app requires an Apple or Android device with a minimum of 40MB of memory and the minimum operating systems we support are iOS11 and Android 5.5 Lollipop.
5.4 If someone else owns the phone or device you are using. If you download or stream the STAXY app onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
5.5 We are not responsible for other websites you link to. The Platform or Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
5.6 Platform licence restrictions. You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the Platform or Services, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or Services nor permit the Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on devices as permitted in these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Services nor attempt to do any such things; and
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service.
6. Creating an Account on the Platform
6.1 Conditions to create an Account on the Platform
In order to use the Platform you must create an Account. In order to create and Account you must be:
(a) aged 18 or over;
(b) a student of a UK university; and
(c) the holder of a university email address ending in the suffix “.ac.uk”. You must use your university email address to create an Account on the Platform.
6.2 Creation of an Account
(a) To create your Account, you must complete all mandatory fields on the registration form. Once your Account is created you will become a Member.
(b) When creating your Account you agree to provide accurate and true information, and to keep your information updated through your profile in order to guarantee its relevance and accuracy for the whole time you have an Account with STAXY.
(c) You agree to keep the password chosen upon creating your Account confidential and not to share it with anyone or allow anyone else to access your Account. If you lose or disclose your password you agree to inform STAXY immediately. You alone are responsible for the unauthorised use of your Account by someone else, unless you have expressly notified STAXY of the loss, the fraudulent use by someone else, or the disclosure of your password to someone else.
(d) You agree not to create or use more than one Account whether under your own identity or that of someone else.
(a) STAXY may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile.
(b) You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. STAXY cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
7. Use of the Services
7.1 UK use only. The Platform is for use in the UK only and can only be used for Journeys that begin, end and are wholly made within the UK. The Platform may not be used for any Journeys outside the UK.
7.2 Only Members may use the Platform.
(a) The Platform enables Members to post and view Journey Posts and to book a Seat on Journey. Only Members may use the Platform.
(b) You cannot view the Journey Posts if you do not have an Account on the Platform, unless an existing Member shares the Journey with you directly.
(c) You cannot post a Journey or book a Seat without being a Member. To post a Journey you must also have added the Driver relevant details to your Account including car registration number, address, date of birth, and your bank account number and sort code.
7.3 Posting a Journey
(a) Members can post Journeys on the Platform by entering information about the Journey they intend to make. Details in Journey Posts should include dates, times, pick-up point, drop-off point, number of seats offered, any other options available and the amount of the Price per Passenger.
(b) You are only authorised to post a Journey under the following conditions which must remain true at the time of the Journey:
(i) you have a valid driving licence;
(ii) you will only use a vehicle you own or use with the express permission of the owner for the Journey, and you are authorised and insured to use for the purposes of ride-sharing;
(iii) the vehicle has valid third party car insurance on which you are a named driver;
(iv) your car insurance covers ride-sharing and any passengers in the vehicle are considered as third parties and are covered by your insurance for the Journey;
(v) you have no contraindication or medical incapacity for driving;
(vi) the vehicle you intend to use for the Journey is an automobile with 4 wheels and a maximum of 7 seats;
(vii) you will not offer more Seats than the number available in your vehicle;
(viii) all Seats offered have a seatbelt;
(ix) you will use a vehicle in good working order and which complies with the applicable legal provisions and customs for vehicle use in the UK, including but not limited to a valid MOT certificate and current road tax;
(x) you will provide STAXY or any Passenger who requests it with your driving licence, your car registration certificate, your car insurance certificate, your MOT certificate, your road tax certificate and any other document required to demonstrate your capacity to use the vehicle for the Journey;
(xi) you will only post one Journey Post for each Journey on the Platform;
(xii) you will only post Journey Posts corresponding to Journeys actually planned;
(xiii) you will not to generate any profit via the Platform;
(xiv) you will not use a chauffeur-driven or other business vehicle or taxi, or a company car, in any context, for the Journey; and
(xv) you will not post a Journey for a Driver other than yourself.
(c) You recognise that you are solely responsible for the content of the Journey Post you post on the Platform. Consequently, you promise all information contained in your Journey Post is accurate and true, and you agree to fulfil the Journey under the conditions described in your Journey Post.
(d) Providing your Journey Post complies with the Terms, it will be posted on the Platform and be visible to Members. STAXY reserves the right at its sole discretion and without notice to not post or to remove at any time any Journey Post that does not comply with the Terms or that it considers as damaging to its image, that of the Platform, or that of the Services.
(e) Journeys are shown to Members based on the date of the Journey and proximity to that Member’s location. You recognise and accept that the criteria taken into account in the classification and the order of display of your Journey Post among the other Journey Posts are at the sole discretion of STAXY.
7.4 Joining a Journey as a Passenger
(a) If you want to join a Journey posted on the Platform as a Passenger, you may make a booking through the Platform by clicking “join journey”. This will book you a Seat on that Journey.
(b) After joining a Journey as a Passenger you will receive a booking confirmation via email (the “Booking Confirmation”).
(c) At the time of the Booking Confirmation, STAXY will send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver). Drivers and Passengers are also able to communicate on the Journey page in relation to the Journey. You are solely responsible for executing the Journey Contract binding you to the other Member in relation to that Journey.
(d) Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to STAXY and the other Members participating in the Journey. If you use a false identity STAXY will remove you from the Platform and you will no longer be permitted to use the Platform.
(e) The Platform is intended for the booking of Seats for individuals. It is forbidden to book a Seat for transporting any object, package, animal traveling alone or material items whatsoever.
(a) The Platform allows Members to create public or private Groups. Members who are part of a Group (“Group Members”)are able to post journeys and offer them exclusively to the other Group Members. Group Members are then able to book a Seat on these Group Journeys.
(b) Public Groups. When creating a Public Group, Members must provide a Group name and select the option indicating the Group is public. You also have the option to provide a Group icon/photo and a Group description. Once a Public Group is created any Members are then able to search for the Public Group and join it. Once a Member has joined a Public Group they are able to both offer a Journey to that Public Group as well as see all Journeys that are posted to that Public Group by Members and are able to book a Seat on those Journeys.
(c) Private Groups. When creating a Private Group, Members must provide a Group name and select the option indicating the Group is private. You also have the option to provide a Group icon/photo and a Group description. Once a Private Group is created it is assigned a code. Members are able to join a Private Group by searching for that code, and joining the Group. Once a Member has joined a Private Group they are able to share the code via other forms of communication on their mobile device and invite their contacts to join the Private Group. Once a Member has joined a Private Group they are able to both offer a Journey to that Private Group as well as see all Journeys that are posted to that Private Group by Members and are able to book a Seat on those Journeys.
7.6 Sharing of Journeys and Groups. The Platform allows Members to share Journeys and Groups with the contacts on their phone inviting them to join STAXY in order to join a Journey or Group.
7.7 Review system
(a) STAXY encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Journey or with whom you were supposed to share a Journey. You can access the review option by visiting Previous Journeys in your Account. The review option will be available after the Journey has been completed or after the Journey was supposed to have been completed. You are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposed to travel.
(b) Your review, and the review left by another Member about you, if any, will be visible and published on the Platform either as soon as you have both left a review if you both leave a review or alternatively 24 hours after the Journey is completed or was due to complete.
7.8 Poor reviews
(a) STAXY reserves the right to suspend your Account, limit your access to the Services, or terminate of our contract with you under these Terms in the case where:
(i) you have received at least three reviews and the average review you have received is less than or equal to 3; or
(ii) you have received any review of less than 2.
7.9 Moderation. You recognise and accept that STAXY reserves the right to delete or not publish any review, any question, any comment or any response if it deems its content does not comply with these Terms.
7.10 Complaints. Any Member, whether a Driver or Passenger, may make a Complaint to STAXY through the Platform in relation to a Journey, if they are unhappy with any aspect of their interaction with that other Member. This may included the behaviour of the other Member having breached these Terms, the Acceptable Use Policy and/or the Journey Contract required of Members in relation to the Journey. STAXY reserves the right to suspend Members or delete their STAXY Account and no longer allow them access to the Platform should a Complaint be upheld against any Member at STAXY’s sole determination and discretion.
8. Behaviour of Members
8.1 Obligations of all Members:
(a) You are solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
(b) When using the Platform, you agree:
(i) to abide by our Acceptable Use Policy including the Content Standards;
(ii) to comply with these Terms;
(iii) not to use the Platform for business purposes
(iv) not to make a profit from your use of the Platform;
(v) not to try to bypass the Seat booking system of the Platform, including but not limited to trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
(vi) not to contact another Member by any means including via the Platform for any purpose other than in relation to ride-sharing or a Journey; and
(vii) not to ask for, accept or make payment outside of the Platform.
8.2 Additional obligations of the Drivers
(a) In addition to those obligations of all Members at clause 8.1 above and to the Driver obligations at clause 7.3(b), as a Driver you also agree to abide by the Behaviour Standards.
8.3 Additional obligations of the Passengers
(a) In addition to those obligations of all Members at clause 8.1 above, as a Passenger you also agree to abide by the Behaviour Standards.
8.4 Updates to the Platform and changes to the Service
8.5 From time to time we may automatically update the Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Platform for these reasons.
8.6 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Services.
8.7 The Platform will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
9. Intellectual property rights
9.1 All intellectual property rights in the Platform and the Services throughout the world belong to us (or our licensors) and the rights in the Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform or the Services other than the right to use them in accordance with these terms.
9.2 You own all intellectual property rights in the content you contribute to the Platform, and you grant STAXY a licence to use that content in order to provide the Services and to moderate and operate the Platform.
10. Price and payment
10.1 Access to and registration on the Platform, as well as searching, viewing and posting Journey Posts, are free of charge. However, booking a Seat on a Journey is charged under the conditions described below.
10.2 Price per Passenger
(a) The Price per Passenger is determined by the Driver who posts the Journey.
(b) You agree to limit the Price per Passenger you ask your Passengers to pay to the relevant share of the costs you actually incur to make the Journey. It is strictly prohibited to profit in any way from using our Platform.
(c) If you misuse the Platform in order to profit from the Price per Passenger, you bear full responsibility and liability for the transaction completed via the Platform and you acknowledge and agree that STAXY has no liability in relation to your misuse of the Platform in this way.
(d) When you post a Journey, STAXY will suggest an amount for the Price per Passenger based on the distance travelled and reasonable wear and tear costs. This amount is given purely as a guideline and it is up to you to increase it or reduce it to take account of the relevant share of the costs you actually incur on the Journey. To avoid the risk of Drivers seeking to profit from the Platform in breach of these Terms, STAXY may place a limit on the amount the Driver can adjust the Price per Passenger.
10.3 Service Fees
At the same time as collecting the Price per Passenger from the Passenger, STAXY will collect the Service Fees (the “Service Fees”) from the Passenger. The Service Fees are collected by STAXY for each Seat which has been booked by a Passenger.
10.4 Payment by the Passenger of the Price per Passenger and Service Fees
(a) At the time of the booking as a Passenger you will enter your payment details for the method you wish to use to pay the Price per Passenger and the related Service Fees.
(b) Payment can only be made through the Platform and STAXY does not accept any other payment method.
(c) The Price per Passenger and Service Fees will be collected from you 24 hours before the Journey you have booked a Seat on is due to start using the payment details you provided to STAXY at the time of booking. If you book a Seat on a Journey less than 24 hours before the Journey is due to start, the Price per Passenger and Services fees will be collected from you at the time of booking. STAXY will hold the monies paid by you in relation to a Journey for 24 hours after the Journey has been or should have been completed.
(d) Unless STAXY receives a Complaint from you during that time, at the end of that 24 hours the Price per Passenger will be paid to the Driver and the Service Fees retained by STAXY as payment for the services we provide through the Platform.
10.5 Payment of the Price per Passenger to the Driver
(a) Collection mandate.
(i) If you are a Driver, then by using the Platform for Journeys you grant STAXY a collection mandate for the Price per Passenger in your name and on your behalf.
(ii) In the context of a Journey STAXY shall collect the whole of the sum paid by the Passenger (being the Service Fees and Price per Passenger) either 24 hours before the Journey is due to start, or if a seat is booked less than 24 hours before the Journey is due to start, then at the time of the Passenger booking the Seat.
(iii) The Price per Passengers received by STAXY are deposited in an account dedicated to payment of the Drivers.
(iv) You recognise and accept that none of the sums received by STAXY in the name and on behalf of the Driver gives entitlement to any interest to be paid to you.
(v) You agree to respond promptly to any request from us or of any administrative or court authority particularly in the prevention or combating of money laundering.
(vi) You agree to provide on request any evidence of address and/or identity as may be required by us.
(vii) If you fail to respond satisfactorily in our opinion to these requests we may take any measure we deem appropriate, including freezing of the sums paid and/or suspension of your Account and/or termination of our contract with you under these Terms.
(b) Payment of the Price per Passenger to the Driver
(i) After a Journey, Members shall have a period of 24 hours after the end of the Journey to submit a Complaint in relation to the Journey to STAXY. In the absence of Complaint from a Passenger within this period, STAXY shall consider the Journey confirmed.
(ii) Once the Journey is confirmed, the Driver will automatically be paid the Price per Passenger paid by the Passenger in relation to this Journey. Those monies will be paid into the bank account of the Driver using the bank details entered by the Driver on creation of their Account or when posting the Journey.
11. Cancellation policy
11.1 Cancellation of a Journey or Seat booking
(a) Drivers may cancel a Journey at any time and Passengers may cancel their Seat booking at any time.
(b) STAXY has no liability in relation to any Journeys or Seat bookings that are cancelled.
(c) When a cancellation by a Passenger occurs before departure, the Seat(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to the conditions of these Terms.
(d) STAXY reserves the right to suspend the Account of any Member (whether as a Passenger or Driver) who cancels three Seat bookings or Journeys two hours or less before the planned departure time.
11.2 What happens to the money paid by the Passenger on cancellation of a Journey or Seat booking.
(a) Where a Seat booking is cancelled by the Driver or the Passenger after Booking Confirmation, or the Driver cancels the Journey after Booking Confirmation, the following terms apply:
(i) If a Driver cancels a ride all of the Passengers are refunded the whole of the sum paid (i.e. the Price per Passenger and the Service Fees);
(ii) If a Passenger cancels 24 hours or less before the Journey is due to start, and more than thirty minutes after the Booking Confirmation, the Passenger shall be refunded 50% of the Price per Passenger paid at the time of booking, the Service Fees shall be retained by STAXY, and the Driver receives 50% of the Price per Passenger;
(iii) If a Passenger cancels 24 hours or less before the Journey is due to start as mentioned in the Journey Post, and thirty minutes or less after the Booking Confirmation, the Passenger is refunded the whole of the Price per Passenger minus The Service Fees. The Service Fees are retained by STAXY and the Driver does not receive any sum of money;
(iv) If a Passenger cancels 24 hours or more before the Journey is due to start as mentioned in the Journey Post, and thirty minutes or less after the Booking Confirmation, the Passenger is refunded the whole of the Price per Passenger minus The Service Fees. The Service Fees are retained by STAXY and the Driver does not receive any sum of money;
(v) If a Passenger cancels 24 hours or more before the Journey is due to start as mentioned in the Journey Post, and thirty minutes or more after the Booking Confirmation, the Passenger is refunded the whole of the Price per Passenger minus The Service Fees. The Service Fees are retained by STAXY and the Driver does not receive any sum of money;
(vi) If a Passenger cancels after the Journey is due to start, or if they have not arrived at the pick-up point 15 minutes after the agreed time, no refund shall be issued to the Passenger. The Driver shall be compensated with the whole of the Price per Passenger and the Service Fees are kept by STAXY.
12. Suspension of Accounts, limitation of access and termination
12.1 You can end your contract with STAXY at any time. To do this, simply go to the “Delete profile” tab of your Profile page. If you delete your profile when you have active Seat bookings or Journeys these Seat bookings and Journeys will also be deleted but you may still be charged the Price per Passenger and/or Services Fees if the provisions of clause 7 Cancellation apply to the timing of you deleting your profile.
12.2 In the event of:
(a) breach by you of these Terms, including but not limited to any of your obligations in clauses 1.4, 7.3, 7.4, 8 or 10.2(b) above;
(b) STAXY having to exercise its rights under clauses 7.8, 7.1.4, or 10.5(a)(vii); or
(c) STAXY having reason to believe that it is necessary to protect its security and its integrity, that of the Members or anyone else, or for the purpose of prevention of fraud or other illegal behaviour,
STAXY reserves the right to:
(i) terminate our contract with you under these Terms immediately and without notice;
(ii) prevent the posting of or remove any review, Journey Post, message, content, Seat booking, or any content posted by you on the Platform;
(iii) limit your access and your use of the Platform; and/or
(iv) temporarily or permanently suspend your Account.
12.3 If we end your rights to use the Platform and Services:
(a) You must stop all activities authorised by these terms, including your use of the Platform and any Services.
(b) You must delete or remove the STAXY app from all devices in your possession and immediately destroy all copies of the STAXY app which you have and confirm to us that you have done this.
(c) We may remotely access your devices and remove the STAXY app from them and cease providing you with access to the Services.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage caused by defective digital content. If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. You may not use our Platform or Services if you are a business and we have no liability to you if you do so in breach of these Terms.
13.5 We are not responsible for events outside our control. If our provision of the Services or support for the Platform or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 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 contract with us and receive a refund for any Services you have paid for but not received.
14. Where we are not responsible
14.1 STAXY is not liable for the behaviour of its Members outside their use of the Platform. The Members (Drivers or Passengers) act under their sole and full responsibility in their use of the Platform and in relation to any Journeys they undertake.
14.2 STAXY is not responsible for the content of any Journey posts or message exchanged via the Platform. The sole responsibility for that content lies with the Member who created that content. We do not act as a publisher of any information on our Platform and only provide the Platform as a way for Members to communicate and arrange ride-sharing services between themselves.
14.3 STAXY does not supply the vehicle subjects of the Journey Posts, and STAXY does not offer any Journeys on the Platform. In its capacity of Platform provider, STAXY does not provide any transport service and does not act in the capacity of carrier. The role of STAXY is limited to facilitating access to the Platform.
14.4 In providing the Platform and Services, STAXY is not liable for:
(a) inaccuracies in the Journey Posts or other communications in relation to a Journey;
(b) cancellation or change of a Journey by a Member;
(c) non-payment of the Price per Passenger by a Passenger, although STAXY will notify the Driver within 24 hour of the time the Journey is due to start if the Price per Passenger could not be taken by STAXY at the allotted time for payment; or
(d) the behaviour of its Members during, before or after the Journey.
14.5 In arranging a Journey via the Platform the Members as Driver and Passenger enter into a separate Journey Contract as explained in clause 4.2. In relation to a Journey the Driver and Passenger are directly liable to each other under the Journey Contract and any other terms they may agree on or outside the Platform. STAXY has no liability for any such agreement and is not a party to it.
15. Other important terms
15.1 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.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.