These website terms and conditions apply solely to websites and web applications owned or operated by Transport Angel LTD and its affiliates, successors, and assigns (“Transport Angel LTD”).
Please note that certain other Transport Angel LTD services may have additional terms and conditions regarding your use of those services, and nothing in these terms and conditions is intended to modify such additional terms and conditions. Except as may be expressly set forth herein, nothing contained herein shall be construed as granting to the user a license or right under any copyright, trademark, patent, right of publicity or right of privacy or other proprietary or intellectual property right of Transport Angel LTD or any third party.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS WEBSITE OR THE TRANSPORT ANGEL SYSTEM.
You, the subscriber, agree to be bound by these terms, to comply with them, and to ensure that all your users (as defined below) comply with them. They continue to apply after your subscription has ended. Please note that they include terms which exclude and restrict our liability even if we have been negligent.
Note: An individual who accepts these terms on behalf of another person (whether a company, a firm or another individual) will be personally liable to Transport Angel LTD if he or she does not have the authority to bind that other person to these terms as the subscriber.
1. Interpretation
In these terms:
App: means the web application code that provides the app’s functionality and the Transport Angel content;
Premium content: means any Transport Angel content that we have identified as premium content on our website or in an app;
Product description: means the description of the app, the Transport Angel content, and the services we provide in connection with the app which appears on our websites.
Subscription: includes continuing use of the app in return for payment, where that payment plan has been offered by Transport Angel LTD and accepted by you;
Transport Angel content: means any images (still or moving) of any kind, text, music, speech and other sounds made available by us for use with the app code, including premium content;
Transport Angel LTD: means a company incorporated in England and Wales (number 11224749) whose registered address is Suite C2, Lencett House, 45 Boroughgate, Otley, England, LS21 1AG and or our affiliates, successors or assigns.
You: means the person who has subscribed to the app, which may be a company, a firm or an individual;
Your users: means you and anyone else who uses the app through your app account and either does so with your permission or works for you;
Your content: means any images (still or moving) of any kind, text, music, speech and other sounds, and data used with the app by your users, except those which are Transport Angel content;
Any use of the app or website by your users is deemed to be used by you; any act or omission by your users in relation to the app is deemed to be your act or omission; premium content acquired by your users is deemed to have been acquired by you; your users’ authorisation of a premium content download is deemed to be your authorisation; references to “your use” includes any use by your users.;
“we” and “us” refer to Transport Angel LTD and “our” means “Transport Angel’s”;
“person” includes an individual, a partnership and a corporation of any kind, no matter where in the world he or it is resident, domiciled, incorporated or established;
Examples introduced by the words “including”, “include” or any similar expression only emphasise that those examples are included and do not limit the sense of any preceding words;
A reference to the singular or the plural includes both, and a reference to any gender includes all genders;
A reference to a statute or a statutory provision is to that statute or provision as it is in force from time to time.
2. The app and our services
2.1 The app, the Transport Angel content and the services we provide in connection with the app, are as described in the product description.
2.2 Except to the extent that any such term is to be treated as being included by virtue of the Consumer Rights Act 2015 and cannot be excluded, it is not a term of your agreement with us that the app is of satisfactory quality or has any functionality that is not described in the product description, or that we will correct any defects in the app or develop it further.
2.3 Subject to the Consumer Rights Act 2015, we may remove any functionality from the app without providing any reason or warning. If we remove any material functionality from the app, you may terminate your subscription to it.
2.4 We have exercised reasonable care and reasonable skill in creating the app, and we have the right to allow you to use it in accordance with these terms. We will provide our services with reasonable care and reasonable skill, but it is not a term of your agreement with us that those services will achieve any particular outcome.
2.5 You authorise the installation of software and software updates on your users’ devices, and the exchange of information between your users’ devices and our systems, for the purposes of enabling the app to function and improving it.
3. Use of the app
3.1 You must use this website and the app only as permitted by these terms and within the scope of your subscription.
3.2 You must ensure that the number of your users does not exceed the number permitted by your subscription and that each of your users: works for you; has read and accepted these terms; uses the app only on your behalf; complies with our acceptable use policy; has agreed that we may use information about him in accordance with our privacy statement.
3.3 You must ensure that only one individual knows the primary username and associated password for your app account and that each of your users keeps his own password secret.
3.4 Unless and until you tell us that you believe someone is using the app through your app account without your permission, anyone using it through your app account is deemed to be one of your users and you will be liable for that use. This does not apply if that person does not work for you and did not acquire a username or password through you, your authorised users or anyone who works for you, but it is for you to prove that this is the case.
3.5 While your subscription is current:
(a) You may use the app to create, edit and use the information;
(b) You may store your information on our system or your system;
3.6 Once your subscription has ended:
(a) You will still be able to use the information which you have exported and stored on your system, but you will not be able to access the system to edit or create information;
(b) We may retain any of your information which is on our system for as long as we wish but we may permanently delete any information from our system without warning.
3.7 You must not charge anyone for using the app or allow anyone to use the app except for the purposes of viewing or using your information.
3.8 Transport Angel content may only be used for creating and using information with the app. In particular, it may not be used directly with any other software or in any marketing materials.
3.9 You must not use the app or create or use information, in any way that infringes any rights of any third party or in connection with any offence, libel or slander, or in any way that is unlawful, unreasonably causes any person distress or offence, or brings our name into disrepute.
3.10 You must not modify the app in any way, combine it with any other software, or give any indication that it is anything other than an app that has been created and distributed by us.
3.11 You must not use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plugins"), or other data gathering and extraction tools, scripts, applications, or methods on the app;
3.12 You must not use any device, software or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein;
3.13 You must not take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;
3.14 You must not decompile, reverse engineer, modify or disassemble any of the software in or associated with the site or its network infrastructure;
3.15 You must not use any meta tags or any other "hidden text" using our name or any of our trademarks without our prior written permission.
4 Premium content
4.1 Premium content can be used in your system for an additional charge. The charge will be shown when the premium content is selected and if you authorise that charge with your password we will collect it using the payment method you have registered for your app account. If you set an authorisation period for your password, we will collect the charges for all premium content downloaded during that period (or until you log out of your account if that happens first). It may take up to five (5) working days for each order and payment to be processed, but the premium content can be used straight away.
4.2 Premium content may have been provided by a third party, but where that is the case we have the right to allow you to use it in accordance with these terms.
4.3 We reserve the right to reject any order for premium content any reason. If you have already paid, we will refund the full amount as soon as possible.
4.4 You acknowledge that as you will obtain the premium content straight away, you will lose your statutory right to cancel the transaction within 14 days. However, we will refund your payment for any premium content that is defective provided you notify us of the defect within fourteen (14) days of it being downloaded. This does not affect your statutory rights in respect of defective premium content.
5 Requirements for linking to our site
You may link to our site, subject to the following guidelines:
5.1 You must link only to our homepage, and not to pages within the site itself.
5.2 The Transport Angel LTD link must not appear connected to any other logos and graphics.
5.3 The Transport Angel LTD link must not be used in any way that implies an endorsement or sponsorship by, or affiliation by us of any third party or their product or service.
5.4 You may only use a text hyperlink, and no use of the Transport Angel LTD logo or Transport Angel LTD artwork or graphics is permitted.
5.5 The Transport Angel LTD name and trademark must not be associated with unfair, deceptive or libellous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
6 Trademarks
6.1 Transport Angel LTD and the Transport Angel LTD Logo are trademarks.
6.2 Nothing contained in this site should be construed as granting by implication, estoppel or otherwise a license or right to use the trademark Transport Angel LTD or the Transport Angel LTD Logo without the prior written permission of Transport Angel LTD or its respective owner.
7 Consent to Monitoring and Disclosure
7.1 We are under no obligation to monitor the Content and any other information residing on or transmitted to our servers. However, anyone using this website or app agrees that we may monitor the site and its server’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests and/or (2) operate the website properly or to protect itself and its users.
7.2 We reserve the right to modify, reject or eliminate any information residing on or transmitted to our servers if in our sole discretion, we believe the information is unacceptable or in violation of these terms and conditions.
7.3 We reserve the right to suspend or end your access to the site for any operational or governmental reason or violation of these terms and conditions.
7.4 Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and we reserve the right to take legal action.
8 Submission of Ideas
8.1 We welcome your comments about our site, products and services (“Comments”). However, we ask you limit your Comments to your experience with our site, products and services. Please do not send to us any unsolicited creative ideas, suggestions or materials, including but not limited to creative artwork samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes (“Ideas”).
8.2 The Comments and Ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by us for any purpose whatsoever. We make no assurances that your Comments and Ideas will be treated as confidential or proprietary.
8.3 We shall be free to copy, use, modify, disclose and distribute your Comments and Ideas without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
9 Intellectual property rights
9.1 We will not acquire any rights to your information or your content except that you authorise us to use your information, both while your subscription is current and after it has ended, in the course of making the app’s functionality available to you and providing our support services to you.
9.2 You will not acquire any title, right, or interest to or in the app, all of which are retained by us or the persons who have licensed any parts of the app to us.
10 Disclaimer of Liability
10.1 We and our affiliates, licensors and service partners will not be liable for any of the following:
(a) Loss or damage resulting from the website or app not being available for use;
(b) Loss or damage resulting from the deletion of your information from our system after your subscription has ended, or any costs and expenses associated with their reconstruction;
(c) Indirect or consequential loss or damage;
(d) Loss or damage of or to reputation, goodwill, business, revenue, profit or expected savings;
(e) Loss or damage of or to any software or data (including your content and your projects) which you could reasonably have avoided by making a backup copy of it;
(f) Any unauthorised access to, or use or disclosure of, your content by any person who is not associated with us except to the extent that the resulting loss and damage is recoverable under the Data Protection Act;
(g) Any fine, penalty, tax or other levy imposed on you or another user by any court, tribunal or regulator (including the UK Information Commissioner) in connection with your information or your use of the website and app;
(h) Any costs or expenses incurred by you or your users in avoiding or dealing with any investigation, action or proceedings brought by or before any regulator (including the UK Information Commissioner) in connection with your information or your use of the website and app.
10.2 We will not be in breach of contract, or liable in any way whatsoever, for failing to discharge our obligations, or for doing so late, to the extent that our failure or delay is a consequence of any failure on your part to discharge your obligations, or any delay on your part in doing so, or any cause that is beyond our reasonable control.
10.3 Our total liability for all loss, damage, costs and expenses resulting from, arising out of, or relating to your use of the website or app or your agreement with us will be limited to the higher of: (i) £1,000; and (ii) the total subscription charges you have paid for the app for the subscription year in which the event (or, where there are a number of connected or related events, the first of them) giving rise to the loss or damage occurred. When applying these limits, any liability that is unrestricted by virtue of clause 10.5 is to be taken into account first, so that our liability for any other loss, damage, costs and expenses may be reduced or even extinguished. A “subscription year” is a period of one year starting with your payment of the first subscription charge for the app or any anniversary of that date.
10.4 The exclusions and restrictions of our liability in this clause 10 cover all loss, damage, costs and expenses of the kind described no matter what the basis for our liability, and even if they result from our negligence or from other negligence for which we would otherwise be liable.
10.5 These terms do not affect or restrict any right or remedy which you might have, or any liability which we might have, for any of the following: personal injury resulting from negligence, whether or not it results in death; a breach of any term implied by section 2 of the Supply of Goods and Services Act 1982; a breach of any term which has to be treated as being included in your agreement with us by virtue of sections 34, 35, 36, 37, 41, 49, 50, 51 or 52 of the Consumer Rights Act 2015; fraud, fraudulent statements and fraudulent misrepresentations.
10.6 You agree to reimburse us in respect of all loss, damage, reasonable costs and reasonable expenses which we suffer or incur as a consequence of your breach of these terms. Your liability for our costs and expenses under this clause 10 is to be assessed on the court’s “indemnity basis” rather than the “standard basis”, and you agree to pay them even if you would not otherwise be liable for them.
10.7 You agree to indemnify, defend and hold harmless us and our affiliates, including their employees, directors, officers, licensors, service providers, agents, business partners, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from or related to any breach by you of any of these terms and conditions or applicable law.
11 No Warranties
11.1 Any Transport Angel content on this site or app may include technical inaccuracies or typographical errors. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11.2 NO ADVICE OR CONTENT GIVEN BY TRANSPORT ANGEL LTD, ITS AFFILIATES, LICENSORS, SERVICE PARTNERS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER TRANSPORT ANGEL LTD NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR-FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12 Disclaimer of Endorsement
12.1 Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other websites.
13 Personal data
13.1 We will comply with our privacy statement and the Data Protection Act 1998.
13.2 Transport Angel Ltd is registered with the Information Commissioner in the UK as a data controller in accordance with the provisions of the Data Protection Act 2018 - Registration number ZB026538.
13.3 You are the data controller with regard to any personal data recorded by you on this site or our app and we are acting as your data processor with regard to such data. Except as required or permitted by law, we will only process that personal data as part of providing the app’s functionality and support services to your users. You agree that we may transfer your content and projects to other companies and to countries outside the EEA (which may not have adequate laws for protecting that personal data) for storage and processing on our behalf in those countries provided we have appropriate contractual arrangements with those companies which restrict their use of your content and projects to the provision of their services to us.
14 Terminating your subscription and closing your app account
14.1 We may terminate your subscription, close your app account and/or prevent your access to and use of this website and the app or your information without any liability to you in any of the following circumstances:
(a) If you fail to pay any monies due to us in connection with the app by the due date;
(b) If you breach any of these terms in any way;
(c) If you use this website and/or the app in any way which, in our reasonable opinion, is in breach of these terms;
(d) If a third party threatens to start legal proceedings against us based on any of your information or your use of the app;
(e) If you challenge or dispute any of our rights in or to the app or any Transport Angel content, or the rights of any persons who have licensed any parts of the app or Transport Angel content to us.
14.2 We may, at our absolute discretion, terminate your subscription, close your app account and prevent your use of the app or your information without giving any reason or warning, but in this case, we will refund any monies you have paid in respect of any future period.
15 General terms
15.1 We may analyse your use of the app for our own business purposes.
15.2 We may use your name and trademarks in our marketing materials to identify you as a user of our systems.
15.3 We may freely assign the benefit of your agreement with us.
15.4 If these terms require you not to do something, you must not attempt to do it or allow, assist or encourage any other person to do it.
15.5 These written terms, and any which have to be treated as being included by virtue of the Consumer Rights Act 2015 and/or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, form the whole agreement you have with us. You confirm and promise that you have not relied on anything else (apart from any trial of the app you may have had) when deciding to enter into that agreement, and that you will not claim otherwise.
15.6 Our acceptance of your subscription charges, and our permitting your users to use the app, will not prevent us from exercising any right or remedy we may have in respect of your breach of these terms even if we are aware of the breach at the time, and you agree not to claim that it does.
15.7 Only you and we (and our successors in title) may enforce these terms, and we do not need any third party’s consent before changing them or terminating the agreement you have with us.
15.8 We may change these terms at any time in order to comply with any law, regulation or court order, and both you and we will be legally bound by those changes when we have told you about them.
15.9 We may change these terms at any time, without giving any reason, and both you and we will be legally bound by those changes when we have told you about them unless you end your subscription within 7 days.
15.10 Every aspect of your agreement with us (including its formation and effect) is governed by English law and the English courts are to have exclusive jurisdiction over any dispute (contractual or otherwise) relating to, or arising out of, the agreement, the app, or your use of it. As an exception, you or we may apply to any court which would otherwise have jurisdiction for an injunction (or an equivalent or similar order) to restrain the other one from infringing its rights or breaching the agreement.
