Terms and Conditions

Last updated: January 29, 2021

Please read these terms carefully because they set out the terms of a legally binding agreement between you and Toyota Financial Services (UK) PLC.

1. Information about us

1.1. We are Toyota Financial Services (UK) PLC a public company incorporated in England and Wales, with company number 02299961. Our registered address is at Great Burgh, Burgh Heath, Epsom, Surrey, England, KT18 5UZ (“TFS”, “we”, “us”, or “our”).

1.2. TFS makes available the “Kinto Join Carpooling Service” online platform via a smartphone application (the “App”) and via kinto-join.co.uk (the “Website”) which enables people in communities to identify each other and easily arrange to share journeys by car and other means of transportation. The software is powered and provided by our subsidiary, Kinto Join Ltd, a limited company registered in England and Wales,  with company number: 08598706, at Great Burgh, Burgh Heath, Epsom, Surrey KT18 5UZ.

1.3. Our approach to processing information and personal data is set out in our prevailing privacy policy, a copy of which can be accessed at https://app.kinto-join.co.uk/corp/privacy-policy/?country=united_kingdom&language=en

1.4. In these legal terms and conditions (the “Terms”), references to “you”, “your” and “yours” are references to the person accessing the Website, the App or using any of the Services (as defined below) provided via the App or the Website.

1.5. If you wish to contact us for any reason, including because you have any complaints, you can contact us via the details set out in the Contact Us section.

2. Important information

2.1. These Terms apply to your use of the Website, the App and the services provided via the Website and the App (the “Services”).

2.2. These Terms contain legally binding obligations that you must comply with and rights for TFS. The Terms also contain limitations on our liability to you. Your attention is particularly drawn to the following clauses:

2.2.1. clause 5 (Journey Sharing, Safety Tips and Rules of Behaviour);

2.2.2. clause 12 (Limitation of our liability to you);

2.2.3. clause 13 (Your indemnity to us); and

2.2.4. clause 14 (Termination).

2.3. Please read these Terms carefully before using the Website, the App and applying to become an Admin or User because you are agreeing to be bound by and comply with these Terms. These Terms expressly supersede our prior agreements or arrangements with you. If you do not accept these Terms you should not use the Website, the App and the Services and you should not register with the Website and/or the App to use any of the Services.

2.4. Before registering with the Website and/or the App, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use the Services, Website or App. By toggling the slider next to “I have read and agree to the TFS terms and conditions” and clicking the “Next” button, you accept and agree to be bound by these Terms. You also confirm that you have sufficient right, authority and capacity to enter into and abide by all of these Terms.

2.5. You will be deemed to accept these Terms by otherwise using or accessing the Website or App (even if you do not use any of the Services).

2.6. We retain the right to modify the Terms at any time. You may refuse the amendments proposed, however, continued use of the Services provided by the Website and/or the App constitutes acceptance of the revised Terms. If you do not accept the amended Terms you may close your account in accordance with our termination clause below. It is your  responsibility to review these Terms at regular intervals.

3. Definitions and interpretation

3.1. The definitions and rules of interpretation in this clause 3.1 apply to these Terms.

Admin means a person or entity who administers a journey sharing community. The Admin can simultaneously be a member of the aforementioned journey sharing community.

Affiliate means an entity that is a Client or has entered into a marketing or promotion agreement with TFS to market or promote the Website, the App or the Services to potential users.

App shall have the meaning given to the term in clause 1.2.

Community shall have the meaning given to the term in clause 5.1.

Client means an entity who has an agreement with us pursuant to which we make our Services available to Users.

TFS Content shall have the meaning given to the term in clause 9.1

Intellectual Property Rights means all intellectual property rights of any kind existing anywhere in the world whether or not registered and all applications, renewals and extensions of the same and whenever arising, registered or applied to be registered including copyright, database rights, design rights, patents, trademarks, service marks, trade names and other rights in goodwill, rights in know-how, trade secrets and other confidential information.

User means any person registered on the Website and/or the App to use the Services.

Rules of Behaviour mean the rules of behaviour set out in clause 7 of these Terms.

Services shall have the meaning given to the term in clause 2.1

Terms mean these terms and conditions and any amendments to or revisions of any of the same as may be published from time to time by us.

Website shall have the meaning given to the term in clause 1.2

Your Content shall have the meaning given to the term in clause 10.1.

3.2. The expression “including” as used is to be construed as being immediately followed by the expression “without limitation”, consequently, any such phrase shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

3.3. Words appearing in the singular shall include the plural and vice versa.

3.4. Headings do not affect the interpretation of these Terms.

3.5. Reference to a statute, statutory provision or subordinate legislation made under a statute is to be construed as being to that statute, provision or subordinate legislation as amended or re-enacted from time to time whether before or after the date appearing at the top of these Terms as the last revision date. Where we refer to a statute, that reference includes any subordinate legislation made under that statute whether before or after the date of the latest revision of these Terms.

3.6. Reference to any agreement, contract or document shall be construed as a reference to it as varied or supplemented from time to time.

4. Our Services

4.1. The Services include the provision of access to a technology platform via the Website and the App, through which Users may initiate contact with and arrange shared transportation with other Users by car or other means of transportation, and all such other services that may be accessed on the App and the Website. We do not charge you for the Services.

4.2. We do not provide transportation services, nor are we a transportation carrier. Save as expressly set out otherwise in these Terms, we have no responsibility or liability for any transportation services provided to or by you.

4.3. If you are providing transportation, it is entirely your responsibility to ensure that you have all the necessary licences, authorisations and consents (including insurance). We do not monitor this information.

5. Journey Sharing, Safety Tips and Rules of Behaviour

5.1. The Services enable Users to manage their participation in journey sharing arrangements with others within their journey sharing Community. In addition, Users can participate in corporate journey sharing Communities which are created under our programme with our business customers (the “Corporate Carpooling Program“). You will only be able to join a journey sharing programme when accepted by the relevant Admin of a corporate Community. In particular, for Communities established under the Corporate Carpooling Program, you will typically be required to be an employee or other worker engaged by our business customer to allow you to participate in the Corporate Carpooling Program.

5.2. Please note that when you join a Community, the Admin and other Users of the Community will be able to see details about you, such as your requested travel details. See our Privacy Policy for further details.

5.3. You should check that a Community reflects your requirements before requesting to join.

5.4. Our Services are limited to enabling you to connect with other Users and to join Communities if you choose to do so. For clarity, we do not verify the identity of any User and we do not accept any responsibility and disclaim liability for the actions of other Users in relation to your use of the Services or otherwise.

5.5. It is your responsibility to check that any User with whom you wish to travel is adequately qualified and has the necessary insurance in relation to your journey. We do not accept any responsibility for and disclaim liability in relation to any journeys you take in relation to the Services. In particular, we do not guarantee that any User will comply with their undertakings in relation to these Terms or any journeys that you take or plan to take in relation to the Services. We do not guarantee that participation in any Community will enable you to arrive at your destination at a particular time. In addition, we do not accept responsibility for and disclaim liability for the safety of any driving of any User in relation to the Services.

5.6. Notwithstanding the foregoing, we request and rely upon Users behaving well and properly towards each other and treating each other with mutual respect and consideration and taking responsibility for their own actions and decisions. You must read and comply with our Safety Tips and Rules of Behaviour, as updated from time to time.  Our Rules of Behaviour are set out in clause 7.

6. Eligibility, registration and your account

6.1. In order to validly register as a User of the Website and the App and use the Services, you must be at least eighteen years old and you must register for and maintain a user account. If you are under 18 years old, any purported membership shall be void and invalid. You will not be able to access the Services without a user account. We have the right to refuse to grant you an account at our sole discretion.

6.2. The information that you provide must be current, complete and accurate in all respects. You agree to maintain accurate and up to date information in your account. We reserve the right to terminate your account if your information is incomplete, inaccurate or out of date.

6.3. Subject to our right of refusal referred to in clause 6.1, upon registering for an account, you will be asked to choose a user id and password. You must keep this information confidential and you are entirely responsible for ensuring that this information is not communicated to or shared with any other person. We are entitled (but not obliged) to terminate your account at any time, including if we become aware that you have disclosed your user id and/or password to any other person. Please note that you are entirely and solely responsible for all activity that occurs under your account, including any posted journeys and all communications. We have no obligation to monitor any journeys or communications.

6.4. We are not obliged to and nor do we have the technical means to check the identities of every person registered to use our Services. The use of your account is expressly limited to you, and you are not entitled to transfer or share your account with any other person (temporarily or permanently). If you have any reason to believe that another person may be using your identification information or account, you must inform us immediately by contacting us. We will suspend access or change access to your account as soon as possible following receipt of notification by you that your password has been lost, stolen or otherwise compromised.

6.5. You are responsible for all equipment (including but not limited to all computer, software, telephone, internet and other telecommunication systems) used to access the Services, together with any charges or costs incurred as a result of its use.

6.6. You hereby acknowledge and agree that the App and the Website is contingent on certain software applications from third party service providers. You hereby agree to any such third parties’ terms (as updated from time to time) which shall apply to the App and the Website in addition to these Terms.

7. Rules of Behaviour

7.1. We expect that Users of our Services will have a diversity of interests and opinions. In any case, Users must conduct themselves properly and behave well towards each other and with mutual respect and consideration and take responsibility for their own actions and decisions. The Website and App may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm our business interests, constitute a criminal offence, exploit children and/or vulnerable adults, violate rights of others, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any user, group or participant, which in our sole judgement, breaches the obligations set out in clauses in this clause 7.

7.2. Without prejudice to clause 14 (Termination) below, you must not use any of the Services (including the Website and the App):

7.2.1. in any way that breaches any applicable local, national or international law or regulation;

7.2.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.2.3. for the purpose of harming or harassing or bullying or causing nuisance or annoyance, or attempting to harm or harass or bully or cause nuisance or annoyance to any person (including minors and/or vulnerable adults) in any way;

7.2.4. to advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and facilities;

7.2.5. to transmit, or procure the sending of, any unsolicited or authorised advertising or promotional material or any other form of similar solicitation;

7.2.6. to knowingly or without due care transmit any data, send or upload any material or information that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

7.2.7. to harvest, aggregate, mine, copy or otherwise collect information about others, including but not limited to names, email addresses, passwords, telephone numbers, usage information without their consent;

7.2.8. to attempt to gain unauthorised access to, tamper with, modify, or hack into, or reverse engineer the Website and the App; and

7.2.9. other than for your personal use.

7.3. Without prejudice to clause 14 (Termination) below, you undertake to comply with the following obligations:

i. not to reproduce, duplicate, copy, reverse engineer, or sell all or any part of the Website and/or the App.

ii. not to access without authority, interfere with, damage or disrupt:

  1. all or any part of the Website and/or the App;
  2. all or any equipment or network on which the Website and/or the App is stored or hosted;
  3. all or any software used in the provision of the Website and/or the App; or
  4. all or any equipment or network or software owned or used by any third party.

iii. to use your user id and password solely for the purpose of your access to the Website, the App and the Services. You must not create a user id/profile using a false identity for the purpose of misleading others (including us) of your identity or to impersonate another person;

iv. to keep secure and confidential your account details and password, and any identification or code we provide to you for use in relation to the Website, the App and Services;

v. to provide us with whatever proof of identity we may reasonably request at any time;

vi. to use the Website, the App and the Services in accordance with these Terms.

vii. to ensure that all content posted, published, uploaded, disseminated and/or broadcast in any form whatsoever is accurate, genuinely held and complies with applicable and prevailing law from time to time both in England, and in the event that it is not posted, uploaded, disseminated or broadcast in England in the country from which it is so posted uploaded, disseminated or broadcast;

viii. not to post, publish, upload, disseminate or broadcast in any form whatsoever content that contravenes the rights of any other person or that is defamatory, obscene, injurious, offensive, hateful or inflammatory, violent or inciting violence, sexually explicit or promotes sexually explicit material, political or fraudulent, and, in general, any content that is contrary to our business, prevailing laws or rules and/or prevailing acceptable norms and standards;

ix. not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that promotes discrimination of any type;

x. not to post, publish, disseminate, upload, broadcast or reproduce any information protected by copyright, trademark or other intellectual property or proprietary information of others, and/or do anything which may infringe any copyright, database right, trademark or other intellectual property of any other person, without first obtaining prior written consent of the owner of such proprietary works, data or information;

xi. not to post, publish, disseminate, broadcast and/or knowingly cause to be posted, disseminated, or broadcast in any form whatsoever content or links to third-party websites;

xii. not to post, publish, disseminate, upload or broadcast in any form whatsoever content that is likely to deceive, harass, upset, embarrass, alarm or cause annoyance, inconvenience or needless anxiety to any person;

xiii. not to post, publish, disseminate, upload or broadcast in any form whatsoever content to impersonate any person or to misrepresent your identity or affiliation with any person;

xiv. not to post, publish, disseminate and/or broadcast in any form whatsoever content which advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;

xv. not to post, publish, disseminate or broadcast in any form content which could violate the privacy, proprietary and/or other rights of any person or entity, including any personal information provided by another User (including their email address, postal address, telephone number) which would enable a User to contact another User without the Website and the App;

xvi. not to post, publish, disseminate and/or broadcast in any form whatsoever content in breach of any legal duty (including any contractual duty or a duty of confidence owed to any other person); and

xii. not to express or imply that any statements you make are endorsed by or emanate from us without our specific prior written consent.

7.4. Failure on your part to comply with all or any of the obligations and/or undertakings set out in clauses 7.1 – 7.3 (inclusive) will constitute a serious breach by you of your obligations to us and/or under these Terms. If you breach one or more of these obligations, then without prejudice to clause 14 (Termination) below we shall be entitled to take all or any of the following steps:

i. immediate, temporary or permanent withdrawal of your right to use the Website, the App and the Services;

ii. immediate, temporary or permanent removal of any posting or material uploaded by you to the Website and the App;

iii. commence legal proceedings against you including reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from your failure to so comply;

iv. disclose such information to law enforcement and/or other competent authorities as we may reasonably feel is necessary; and

v. w may take any other action which we deem to be appropriate acting in our website discretion.

8. Access to the Website and the App

8.1. Access to the Website, the App is provided on an “as is, as available” basis. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of the Website and/or the App with or without prior notice to you. We shall not be liable to you or to any other person if, for any reason, all or any part of the Website and/or the App are unavailable at any time and for any period (including in the event of their total or partial discontinuance by us). 

8.2. We give no warranty that access to the Website and the App will be uninterrupted, timely, secure or error-free or that any graphics or other content you may download from time to time from the Website or the App will meet your requirements. If the need arises, we may suspend access to the Website and the App and close it or them indefinitely.

8.3. From time to time, we may carry out maintenance of the Website and the App which may result in certain parts of the Website and the App becoming unavailable. As a consequence, the Services may also become unavailable. We will try to give you reasonable notice of any unavailability.

8.4. While we try to make sure that the Website and the App are secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by third parties.

8.5. Because of the nature of the Internet, we cannot guarantee that the Website and the App will be free from viruses or other harmful properties. We recommend that you always use up to date firewalls and anti-virus software to protect your equipment and data.

8.6. We aim to update the Website and the App regularly, and may, at any time, change the content and/or archive or delete any of the journeys.

 

9. Intellectual Property Rights and licence

9.1. TFS and its licensors own all Intellectual Property Rights in the Website, the App and the content provided via the Website and the App (“Kinto Content”).  Save for the licence expressly granted to you in clause 10.2, we do not grant to you any rights to, under, or in any Intellectual Property Rights in respect of the Website, the App and Kinto Content.

9.2. Subject to your compliance with these Terms and our right of refusal referred to in clause 6.1, we grant to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the App on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Website and the App, in each case solely for your personal, non-commercial use.

9.3. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Website, the App and Kinto Content; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the App and Kinto Content except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Website, the App and Kinto Content except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website, the App and Kinto Content; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website, the App and Kinto Content or unduly burdening or hindering the operation and/or functionality of any aspect of the Website, the App and Kinto Content; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website, the App and Kinto Content or its related systems or networks.

10. Your Content

10.1. You hereby grant (and represent and warrant that you have the right to grant) to us a royalty-free, irrevocable, non-exclusive, worldwide licence (together with the right to grant sublicenses) to use, copy, reproduce, represent, adapt, modify, translate, scan, sublicense, assign, transmit, and create derivative works to any and all content, information, data, text, images and materials you publish, upload, post, disseminate, broadcast or distribute on or through the Website and the App, to enable us to provide the Website, the App and the Services (“Your Content”).

10.2. You must not copy, reproduce or otherwise use for any purpose whatsoever any content relating to other Users except to the extent required for the purpose for which usage of the Website and the App is expressly permitted as described in these Terms.

11. Uploading content to the Website and the App

11.1. We shall be entitled to remove any content, information, data, images and materials you upload or post to the Website and the App if, in our opinion, such material does not comply with the Rules of Behaviour. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Member of our Website.

11.2. Whenever you make use of the Website, the App, the Services and upload any content, information, data, images or materials to the Website or the App or make contact with other Users, you must comply in all respects with the Rules of Behaviour.

11.3. Any content, information, data, images and/or materials you upload to the Website or the App will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to any other person any such content, information, data, images and/or materials for any purpose. We also have the right to disclose your identity to any person claiming that any content, information, data, images and/or materials published, uploaded, posted on, disseminated, broadcast and/or distributed on and/or through the Website or the App constitutes a violation of their intellectual property rights, their right to privacy or any other applicable laws.

12. Limitation of our liability to you

12.1. Notwithstanding any other provision, nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited by law.

12.2. Subject to the remainder of this clause 12, if you are dissatisfied with the Website, the App, the Service or any of these Terms, your sole remedy shall be to discontinue use of the Website.

12.3. Other than as set out in this clause 12, and notwithstanding any other provision of these Terms, we shall not be liable in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms, including any liability for:

a) any of the following:

i) losses arising out of delays to your journey;

ii) loss of profits;

iii) loss of sale or business;

iv) business interruption;

v) loss of agreements or contracts;

vi) loss of anticipated savings; or

vii) loss of or damage to goodwill,

whether the same are suffered directly or indirectly; or

b) any indirect or consequential loss or damage whatsoever and howsoever caused.

12.4. We do not charge you for the provision of the Website, the App and the Services and accordingly it is reasonable for us to limit our liability to you. Subject to clause 12.1, our maximum aggregate liability whether in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to £100.

12.5. All conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

12.6. You acknowledge and agree that neither we nor any of our employees, officers, Affiliates, agents, representatives and/subcontractors, endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website and/or App and/or by any other person or entity. We shall not be responsible or liable for the content of such materials and/or the conduct of any such persons (whether offline or online). You are advised to use caution when using the Website and/or the App following contact made through the Website and/or the App.

12.7. We do not control content posted on and/or disseminated through the Website and/or the App and, as such, do not guarantee the accuracy, integrity or quality of any such content. You understand that by using the Website and/or the App, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content including for any errors or omissions in any content and/or for any loss and/or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise disseminated and/or transmitted through the Website and/or the App.

12.8. If you order goods and/or services from any third party vendors via the Website and/or the App, all transaction terms including purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the goods or services. You are solely responsible for fulfilling any contractual, e-commerce or other obligations you assume during such purchases. We give no warranties or representations whatsoever with regard to any goods or services provided by such third party vendors of the goods or services and shall not be liable for any costs and/or damages arising (directly or indirectly) from the goods and/or services ordered and/or from any actions or inactions of the third party vendors of any of those items.

12.9. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.

13. Your indemnity to us

13.1. You agree to indemnify us, our holding companies, our subsidiaries, our Affiliates, our office employees, agents, representatives and subcontractors against any and all actions, claims, demands, costs, losses, liabilities and expenses (including legal expenses) arising out of or relating to:

your use of the Website, the App and the Services;

any breach by you of these Terms (including any breach of the Rules of Behaviour);

any claim by a third party based on any facts which if substantiated would constitute a breach of the Terms;

any part or all of your Content;

breach of any warranty or representation given by you; and

any claim which may be caused by another User resulting from your use of the Services or otherwise.

14. Termination

14.1. We may close your account on the Website and the App at any time without cause, or if we believe, in our sole discretion, that you have violated any of the Rules of Behaviour set out in clause 7 of these Terms. We may also immediately terminate your user account and right to access and use the Website, the App and the Services if:

14.1.1. you breach the agreement made between us as set out in these Terms;

14.1.2. we are unable to verify or authenticate (should we choose to do so without being obliged to do so) any information you provide to us;

14.1.3. any information which you provide to us is inaccurate;

14.1.4. we decide, in our sole discretion, that you have abandoned your account; or

14.1.5. we decide, in our sole discretion, to discontinue operating, maintaining and/or offering all or any of the Website, the App and/or the Services.

Termination of your account by us shall be without prejudice to any other rights or remedies that we may have including any and all claims under any indemnity set out in these Terms or any and all claims for damages in respect of any loss suffered as a result of a breach of any of these Terms by you.

You may at any time and with or without cause terminate your registration with the Website and the App by cancelling your account and notifying us of that cancellation.

In the event of termination of your user account you will remain obligated not to violate the rights or privacy of any person or entity with respect to any information or materials you may have received or downloaded through your use of the Website, the App and the Services.

15. General

15.1. Entire Agreement

These Terms and the documents referred to in these Terms constitute the entire agreement between us. They cancel and supersede all prior understandings, proposals, agreements, negotiations, and discussions between us whether written or oral.

15.2. Amendment and variation

The information, material and content provided in the pages of the Website and the App may be changed at any time and from time to time without notice.

We may revise these Terms at any time and we shall notify you of any changes to these Terms.  If you continue to use the Website, App or Services after we inform you that there have been changes to these Terms, you will be deemed to have accepted the updated Terms.

15.3. Invalidity

If any provision (or part of any provision) of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in any way.

15.4. Waiver

A waiver by either of us of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed to be construed as a waiver of any subsequent breach or default. A failure by either of us to enforce the provisions of these Terms at any time, or the failure of one party to require at any time the performance by the other party of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions nor in any way affect the entitlement of either party to enforce each and every such provision.

15.5. Assignment

You may not assign, transfer and/or subcontract all or any of your rights and/or obligations under the agreement between us set out in these Terms which are personal to you and any attempt on your part to the contrary is void. We shall be entitled to assign, novate or otherwise transfer all or part of our rights and obligations under these Terms to any member of our group or to any entity who acquires all or part of our business without approval from you and you hereby agree to enter into or execute any documents or agreements to effect such assignment, novation or transfer.

15.6. Notices

Any notice required or permitted to be given to you by us under these Terms shall be delivered by electronic mail to the email address provided by you during your registration on the Website and/or the App. You may give notice to us via email at help.join@kinto-mobility.co.uk. A notice served via email shall be deemed to have been served at the time of transmission.  This clause 15.6 (Notices) does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

15.7. Rights of third parties

Unless expressly agreed or stated otherwise and save as specified in clause 13.1 , no term of the agreement between us is intended to confer a benefit on, or to be enforceable by, any person who is not a party to the Terms, including any rights under the Contracts (Rights of Third Parties) Act 1999.

15.8. Force Majeure

Neither party shall be liable for any failure to perform its obligations under these Terms if such failure results from circumstances which could not reasonably be contemplated at the time of entering into these Terms and which are beyond the parties’ reasonable control (including, without limitation, strikes, lock-outs or other industrial disputes (involving our workforce), failure of a utility service or transport network, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, pandemic/ epidemic, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or sub-contractors). If a force majeure event continues for a period of 30 days or more, either party may terminate these Terms immediately by providing the other party with written notice.

16. Governing law and jurisdiction

16.1. These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

16.2. The courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter (including non- contractual disputes or claims).

17. Concerns

17.1.        If you have any questions or concerns about any material whatsoever which appears on the Website, the App or any questions or concerns about the Services, please contact us at help.join@kinto-mobility.co.uk.

17.2.        If you believe that any communication made through or on the Website or the App and/or any aspect of the Services.

infringes any legal rights that you may have or is in breach of any of these Terms (including the Rules of Behaviour) or know of or suspect any infringement, you should notify us immediately with specific details by emailing us at help.join@kinto-mobility.co.uk.

17.3.        You agree to comply with all reasonable requests from us, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Website, the App and/or the Services.

18. Contact us

KINTO JOIN LTD Great Burgh
Burgh Heath
Epson
Surrey
KT18 5UZ

Email: help.join@kinto-mobility.co.uk