Terms & Conditions

1. Introduction

Welcome to Spareseat, a mobile application that connects Drivers and Passengers for liftsharing purposes. Our app is available on iOS and is exclusively for students in the United Kingdom. By accessing or using our services, you agree to be bound by the following terms and conditions (“Terms”) which constitute a legal agreement (the “Agreement”) between you and Spareseat Ltd, the company that owns and operates the app.

Please read these Terms carefully before using our app and services. If you do not agree to these terms, you may not use our app or services. If you are under 18 years of age, you are not permitted to use our app.

Our app is a platform that enables Passengers and Drivers to organise liftsharing arrangements between themselves. Spareseat is not a transportation service provider and is not a party to any agreement between Drivers and Passengers. By using our app, you acknowledge and agree that Spareseat is not responsible for the conduct of any Driver or Passenger.

By creating an account with us, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. You also agree to provide accurate and complete information about yourself as prompted by our registration form and to keep your account information up to date.

We may update these Terms from time to time and will notify you of any changes by posting the new version on the app. Your continued use of the app after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to any of the new terms, you may stop using the app.

By using our app, you also consent to our Privacy Policy, which explains how we collect, use, and disclose your personal information.

With this introduction, we kindly invite you to read through the terms and conditions that follow, which govern your use of our app and services.

2. Definitions

In these Terms of Use, the following terms shall have the following meanings:

"Account" means the account created by a User upon registering for the Application.

"Application" means the Spareseat mobile application, its associated websites, networks, and services.

"Booking" means a confirmed reservation of a seat on a Posted Lift, made by a Passenger on the Application, where the Passenger's Lift Request has been accepted by the Driver.

"Booking Fee" means the fees associated with processing the payment as well as any fee charged by Spareseat for the use of the Services provided through the Application.

"Driver" means a User who posts a Lift on the Application.

“Driver Price” means the total monetary amount paid by all Passengers for a Lift.

"Lift" means the transportation service provided by a Driver to a Passenger.

"Lift Request" means a request made by a Passenger to book a seat on a Posted Lift.

"Passenger" means a User who books a seat on a Posted Lift through the Application.

"Passenger Price" means the monetary amount paid by an individual Passenger to a Driver for a seat on a Posted Lift.

"Posted Lift" means a Lift that has been made available for booking by a Driver on the Application.

"Services" means the liftsharing arrangement and related services offered by Spareseat through the Application.

"Seat" means an individual space on a vehicle that may be booked by a Passenger.

"Spareseat" means the company who owns and manages the Application, and its associated websites, networks, and services.

"Terms" means these terms and conditions and all policies, guidelines, and amendments thereto.

"User" means an individual who has registered for an Account on the Application.

3. Eligibility and Account Creation

Eligibility: In order to use the Services provided through the Application, you must be at least 18 years old and be a student at a university in the UK. Additionally, you must provide a valid email address ending in ".ac.uk" upon registration.
Account Creation: By registering for an Account on the Application, you represent and warrant that you meet the eligibility requirements set forth in Section 1 and that the information you provide to Spareseat is accurate, complete, and current.
Account Use: An Account may be used by one User for both Passenger and Driver functions; you are not required to create separate accounts for Passenger and Driver functions.
Responsibility for Account: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Spareseat of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.
Termination of Account: You may terminate your Account at any time by pressing the 'Delete account' button in the profile screen of the Application. Spareseat reserves the right to terminate or suspend your Account or any part of it for any reason and at any time, without notice or liability to you.
Protection of Personal Information: Our collection, use, and storage of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Application, you agree to be bound by our Privacy Policy and consent to the collection, use, and storage of your personal information as set forth therein.

4. Use of the Application:

The Application is intended solely for use by individuals who are over 18 years of age and are students in the United Kingdom. By using the Application, you represent and warrant that you meet these eligibility requirements.
To access and use the Application, you must create an Account. When creating an Account, you must provide accurate and complete information as prompted by the registration process. You are solely responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account.
You must use the Application only for lawful purposes and in compliance with all applicable laws and regulations. You are prohibited from using the Application for any illegal or unauthorized purpose, including but not limited to:

Posting or transmitting any content that is defamatory, fraudulent, obscene, or offensive in any way
Harvesting or collecting personal information about other Users without their consent
Attempting to access or use the Application through unauthorized means
Impersonating another person or entity
Interfering with or disrupting the operation of the Application or the servers or networks used to make the Application available

You agree to indemnify and hold Spareseat, its affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Application in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth herein.
Spareseat reserves the right to terminate or suspend your access to the Application at any time and without notice if you violate these Terms or engage in any other conduct that Spareseat determines, in its sole discretion, to be unacceptable.
You acknowledge that the Application is a platform for connecting Drivers and Passengers, and that Spareseat is not a party to any agreement between a Driver and a Passenger. Spareseat does not provide transportation services, and is not responsible for the acts or omissions of any Driver or Passenger.
You acknowledge that Spareseat does not own or operate any vehicles and is not responsible for the actions of any Driver, including but not limited to the operation of any vehicle, the conduct of any Driver, or the compliance of any Driver with applicable laws and regulations.
You acknowledge that the use of the Application and the Services may be subject to additional terms and conditions imposed by the government or other regulatory bodies, including but not limited to terms and conditions related to transportation regulations and safety.
Spareseat reserves the right to modify these terms at any time with or without notice to you, and you agree to be bound by such modifications. Your continued use of the Application following any modification will be subject to the modified terms.

5. Driver Obligations

Drivers must provide accurate information on the origin, destination, time, date, and number of seats available when posting a Lift on the Application.
Drivers using the Application are required to possess a valid UK driver's license and current MOT and road tax certificates.
Drivers are required to have valid insurance coverage that includes protection for the passengers they transport while using the Spareseat platform.
Drivers are responsible for ensuring that their insurance coverage meets all legal requirements and that they are compliant with all terms and conditions of their insurance policy. Failure to maintain valid insurance coverage or failure to provide proof of insurance upon request may result in suspension or termination of the Driver's account on the Application.
Drivers are responsible for ensuring their vehicle is equipped with the necessary safety equipment, such as seat belts and airbags.
Drivers acknowledge and understand that the agreement for the provision of transportation services, including but not limited to the Lift, is solely between the Driver and the Passenger. Spareseat is not a party to this agreement and shall not be held liable for any actions or omissions of the Passenger in relation to the Lift.
Drivers are prohibited from using the Application for commercial gain or profit. In particular, Drivers cannot set a Passenger Price that is in excess of a reasonable contribution towards the costs of transportation (including petrol and any associated costs such as motorway tolls etc). Any use of the Application for commercial gain or profit is strictly prohibited and may result in termination of the Driver's account.
In the event that a Driver is found to be operating as a private hire vehicle without proper authorization, Spareseat reserves the right to terminate the Driver's account without notice.
Drivers are required to comply with all applicable laws, regulations, and ordinances while using the Application and providing transportation services to Passengers.
Drivers are required to provide Spareseat, if requested to do so, with documentation to verify compliance with the above obligations.
Failure to comply with any of the above obligations may result in termination of the driver's account and possible legal action.

6. Passenger Obligations

Passengers are responsible for ensuring that they meet the eligibility requirements for using the Application, as outlined in the "Eligibility and Account Creation" section of these Terms.
Passengers must arrive at the designated pick-up location on time, as agreed upon with the Driver. If a Passenger is running late, they must contact the Driver as soon as possible to inform them of the delay.
Passengers acknowledge and understand that the agreement for the provision of transportation services, including but not limited to the Lift, is solely between the Passenger and the Driver. Spareseat is not a party to this agreement and shall not be held liable for any actions or omissions of the Driver in relation to the Lift.
Passengers must rate the Driver and their lift experience from the previous lift before completing another Lift.
Passengers are prohibited from using the Application for any commercial purposes, and must not solicit or attempt to sell any goods or services to other Users.
Passengers must not use the Application to arrange transportation for any person who is not a registered User of the Application, and must not allow non-Users to travel in the vehicle during a lift.
Passengers must not engage in any discriminatory behavior towards other Users, and must respect the rights and dignity of all individuals while using the Application and during a lift.
Passengers must not knowingly provide false or misleading information to Spareseat or to other Users, and must not make any false or fraudulent bookings or Lift Requests.
Passengers must contact Spareseat immediately if they encounter any issues or problems with a lift, or if they have any concerns about the conduct of a Driver.

7. Payment and Fees

Payment for lifts: Spareseat only accepts card payments from Passengers. Passengers will be charged the Passenger Price when booking a seat on a Posted Lift. The Passenger Price is set by the Driver and should not exceed the portion of costs incurred from the Lift for one Passenger. The Passenger Price will be paid to the Driver in full when the Lift is completed. A Passenger is checked in when their QR code relating to the lift is scanned by the driver. The Driver will receive the sum of the Passenger Prices which are sent immediately to their bank account linked with Spareseat on completion of the Lift.
Booking Fees: A booking fee will be charged to Passengers for each Booking made on the Application. The booking fee is used to cover the costs associated with processing payments and fees charged by Spareseat for the use of the Services provided through the Application. After booking a lift by pressing “Checkout”, the transaction of the Passenger Price plus the Booking fee will show up as pending in the Passenger’s bank account. The funds leave the Passenger’s account if the Driver accepts the Lift Request, it is at this point that Spareseat receives the Booking fee. Rejection of the Lift Request by the driver results in no funds being taken out of the Passengers account and Spareseat does not receive the Booking fee.
Payment Disputes: In the event of a dispute regarding payment for a Lift, Passengers and Drivers should contact Spareseat for assistance in resolving the issue on info@spareseat.app
Refunds: If a Lift is cancelled by the Driver, Passengers will be eligible for a refund of the Passenger Price and Booking Fee.
Payment Processing: Spareseat will process payments and hold funds for Lifts on behalf of Drivers. By posting a Lift on the Application, Drivers give permission for Spareseat to do this.
Spareseat supplies a suggested price, which is an amount calculated based on the distance travelled during a Lift, which serves as a suggested amount for the Passenger Price to be set by the Driver. As it is an estimation, Drivers may choose to set the Passenger Price at the Suggested Price, or at a different amount.
Drivers must understand and agree that the running costs for a journey should never exceed the sum of the Passenger Prices when completing the lift, and that it is forbidden to generate profit through use of the Spareseat Application.
Drivers understand that Spareseat is not liable or responsible for any profit made through the use of the Application. Drivers accept full liability of all Lift associated transactions when setting the Passenger Price in order to make a profit.
Drivers are required to provide Spareseat with any information or documentation as may be required to comply with anti-money laundering laws and regulations. This may include, but is not limited to, proof of identity, proof of address, and evidence of account used for payouts. Failure to provide such information or documentation may result in suspension or termination of the Driver's account."

8. Rating System

All Users are required to leave a rating for each Lift, as it is an essential component of our platform's feedback system.
The rating system uses a star rating system, with 1 star being the lowest and 5 stars being the highest rating.
All ratings must be fair and honest, and not influenced by personal biases or conflicts of interest.
Spareseat reserves the right to remove any ratings that violate these guidelines or are otherwise deemed inappropriate or false.
Users may not use the rating system to harass or intimidate other Users. Any violations of this policy will result in the termination of the offending User's account.
Users agree that their ratings and feedback may be used by Spareseat for marketing and promotional purposes.
Users also agree that Spareseat may contact them to follow up on a rating they have left, in order to ensure the integrity of the rating system.
The rating system is intended to provide a way for Users to share their experiences and help other Users make informed decisions about Drivers and Passengers.
The rating system is intended to provide valuable feedback to both Drivers and Passengers, and Spareseat will take appropriate action to maintain the fairness and accuracy of the ratings on the platform.
It is the responsibility of the User to ensure that their rating is fair and accurate, and Spareseat will not be held liable for any inaccuracies or unfair ratings provided by Users.

9. Dispute Resolution and Cancellations

In the event of a dispute or issue arising between a Driver and Passenger regarding a Lift, both parties are encouraged to first try to resolve the matter amicably between themselves. If this is not possible, either party may contact Spareseat to report the issue and request assistance with dispute resolution.
In the event of a dispute, Spareseat will make a good faith effort to mediate a resolution between the parties. As Spareseat is not a party to the agreement between Driver and Passenger during the lift, Spareseat accepts no liability or responsibility for resolving disputes relating to the lift.
A dispute may be raised by emailing disputes@spareseat.app with the subject line “Dispute”, including their university email address and the details of the lift in question. This can include, but is not limited to, instances where a Driver or Passenger did not show up for a scheduled Lift.
Cancellations of a Lift by a Driver can only be made prior to accepting a lift request from a Passenger. In exceptional circumstances, cancellations may be made after a Lift Request has been accepted. If a Driver finds themselves in a situation they believe warrants cancellation and wishes to cancel the Lift, they must contact Spareseat through info@spareseat.app. In the event of a cancellation, the Passenger will be entitled to a full refund of their Passenger Price. Spareseat will not be held liable for any cancellations made by either Drivers or Passengers.
In case of a Driver-initiated cancellation, all Passengers on the Lift will be refunded the entire sum of their initial payment, including the Passenger Price and Booking fee.
Following the acceptance of the Passenger’s Lift Request by the Driver, cancellations made by the Passenger prior to 48 hours of the scheduled departure time of the lift will be eligible for a refund of the fare paid, minus the booking fee. Refunds will be processed through the original method of payment used for the booking and are expected to be received by the Passenger within 5-10 business days. It is important to note that cancellations of Passenger's accepted Lift Requests within 48 hours of the scheduled departure time of the lift will not be accepted and no refund will be issued.
Cancellations by a Passenger prior to their Lift Request being accepted by a Driver will result in no funds leaving their bank account. Lift Requests made by Passengers will automatically be cancelled after 7 days following the booking if they have not been accepted by the Driver.

10. Intellectual Property

All intellectual property rights in the Application, including but not limited to, the Spareseat name, logos, trademarks, service marks, trade names, software, and any other content or materials on the Application are owned by Spareseat or its licensors.
By using the Application and its services, you are granted a non-exclusive, limited license to access and use the Application and its services in accordance with these Terms.
All content and material that you submit or post to the Application remains your property. However, by submitting or posting such content, you grant Spareseat a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, and distribute such content for the purpose of providing the Services and moderating and operating the Application.
The User may not use, copy, reproduce, distribute, republish, download, display, post or transmit any of the intellectual property rights in the Application, including but not limited to, the Spareseat name, logos, trademarks, service marks, trade names, software, and any other content or materials on the Application, in any form or by any means, without the prior written consent of Spareseat.
Any unauthorized use of the intellectual property rights in the Application may result in violation of copyright laws, trademark laws, the laws of privacy and publicity, and other regulations and statutes. Spareseat reserves the right to take legal action against any unauthorized use of its intellectual property rights.
The User agrees that it shall not use the Application in any way that would infringe or violate any of the intellectual property rights of Spareseat or any third party.
The User agrees that it shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Application.
The User agrees that it shall not use the Application to create any work that is based on the Application or any portion thereof.
The User agrees that it shall not use the Application to create any work that is derived from the Application or any portion thereof.
The User agrees that it shall not use the Application to create any work that is a copy of the Application or any portion thereof.
The User agrees that it shall not use the Application to create any work that is a derivative of the Application or any portion thereof.

11. Termination of Account

The User may terminate their Account at any time by emailing info@spareseat.app. Spareseat reserves the right to terminate a User's Account for any reason, including but not limited to:

Violation of these Terms and Conditions;
Misuse of the Application or Services;
Failure to comply with applicable laws or regulations;
Inactivity for an extended period of time;
Providing false or misleading information during registration or in connection with the use of the Application or Services;
Attempting to generate profit as Driver through use of the Application

Upon termination of a User's Account, all rights granted to the User under these Terms and Conditions will immediately terminate and the User will no longer be able to access the Application or Services.
Spareseat shall not be liable to the User or any third party for any termination of the User's Account or access to the Application or Services.
In the event of termination, Spareseat may retain any information or data associated with the User's Account for as long as necessary to comply with legal obligations, resolve disputes, or enforce any agreements including this Agreement.

12. Acceptable Use Policy

As a user of the Application, you agree to use the Services provided by Spareseat only for lawful purposes. Any use of the Application or Services that is in violation of any applicable laws or regulations, or that interferes with the use and enjoyment of the Application or Services by other users, is strictly prohibited.
Prohibited activities include, but are not limited to:

Using the Application or Services for any illegal or unauthorized purpose, including but not limited to, the transportation of illegal or stolen goods, or for any purpose that is discriminatory, harassing, or defamatory;
Using the Application or Services to harass, threaten, or bully other users;
Misusing the rating system provided by the Application to falsely rate other users;
Providing false information, or using the Application or Services while impersonating another person or entity;
Using the Application or Services to promote or engage in any fraudulent or deceptive activities;
Using the Application or Services to transmit or propagate viruses, malware, or any other malicious software or code;
Attempting to gain unauthorized access to the Application, Services, or any related systems or networks;
Interfering with the proper functioning of the Application or Services, including but not limited to, through the use of scripts, bots, or other automated means.

Any violation of this Acceptable Use Policy may result in the termination of your Account, and may also result in civil or criminal liability. Spareseat reserves the right to investigate any violations of this policy, and to take any action it deems appropriate, including but not limited to, reporting any suspected illegal activity to law enforcement authorities."

13. Data Processing and Privacy

Spareseat respects the privacy of its Users and is committed to protecting their personal information. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose personal information from Users of the Application. By accepting these Terms, you acknowledge and agree to our use and processing of your personal information in accordance with our Privacy Policy.
We will take all reasonable steps to protect your personal information from unauthorized access, use, alteration or destruction. However, we cannot guarantee the security of your personal information and will not be liable for any unauthorized access or use of your personal information.
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your device. You accept responsibility for all activities that occur under your account or password.
We may process your personal information, including your name, email address, phone number, location data, and other information provided by you or obtained through your use of the Application, for the purpose of providing the Services and operating and improving the Application. We may also use your personal information for the purpose of communicating with you about your use of the Application, and for sending you promotional materials and other information about our Services.
We may share your personal information with third parties, such as payment processors, for the purpose of processing payments, and with other service providers who assist us in providing the Services. We may also disclose your personal information as required by law or in response to a subpoena or other legal process.
You have the right to request access to your personal information and to request that we correct any inaccuracies in your personal information. You also have the right to request that we delete your personal information, subject to certain exceptions set out in applicable law.
We may update this Data Processing and Privacy section from time to time, and any changes will be reflected in the Application and these Terms. By continuing to use the Application, you confirm your acceptance of the then-current terms.

14. Liability and Indemnification

Spareseat shall not be liable to Users for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Application; (b) any conduct or content of any third party on the Application, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (c) any content obtained from the Application; or (d) unauthorized access, use or alteration of your transmissions or content.
You agree to indemnify, defend and hold harmless Spareseat, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You understand that the Application is a marketplace connecting Drivers and Passengers, and that Spareseat is not a party to any agreement between Drivers and Passengers. Spareseat shall not be liable for any damages arising from the actions or inactions of Drivers or Passengers.
The limitations of liability set forth in this section shall apply whether a claim arises in contract, negligence, tort, under statute, in equity, at law or otherwise, and shall survive a fundamental breach or breaches or the failure of the essential purpose of these Terms or of an exclusive remedy.

15. Law, Jurisdiction and Rights of Assignment

This Agreement is between you and Spareseat. No third party has any rights under this Agreement or is able to enforce any terms under this agreement.
This Agreement is not transferable by you to any third party without the express written consent of Spareseat at its sole discretion. Spareseat reserves the right at any time to transfer its rights and obligations under this Agreement to a third party, and to provide written notice to you of any such transfer.
If any clause or provision of this agreement is found to be void, unenforceable or illegal by a court of law or equivalent authority, the rest of the Agreement will remain in full force and effect, and be enforceable between the parties.
The provisions of this Agreement shall be governed by and interpreted in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.

16. Contact Information.

The Contact Information section of these Terms sets out the ways in which Users can contact Spareseat. Users can reach Spareseat by emailing info@spareseat.app for general enquiries or disputes@spareseat.app for disputes related to a Lift. Spareseat will make every effort to respond to inquiries and disputes in a timely and efficient manner.

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