By accessing and using the “mobilityexchange.co” website (“this Website”) you agree to observe and be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions, you should exit this Website immediately.
When purchasing any goods and services through our website you agree to observe and be bound by the following Terms and Conditions.
Information about us
This website is owned and operated by Mobility Exchange Ltd.
We are registered in England and Wales under registration number 16766811, and our registered office is at 124 City Road, London, EC1V 2NX.
You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.
1. Interpretation
1. In these terms and conditions:
(a) “we” means Mobility Exchange Ltd; and
(b) “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
(c) “classroom based” means any course we provide where the course takes place with a tutor in a physical location provided as a single room or suite of rooms and where customers attend in person to take part in training in a face to face environment, or, any training delivered online using video meeting or conferencing software where the tutor is in attendance on the call.
(d) “training course” means those courses, whether online or classroom based that are available for purchase on our website; and
(e) “course materials” means those course materials that are available for purchase on our website, whether as part of an online course or as documents required for you to take part in classroom based training; and
(f) “your course materials” means any such course materials that you have purchased through our website (including any enhanced or upgraded version of the course materials that we may make available to you from time to time).
2. Disclaimer
This Website is designed for information purposes only and you acknowledge that you are solely responsible for the use of it.
The contents of this website do not constitute legal or other professional advice. Any visitors to this site should seek appropriate legal guidance before coming to any decision or taking or refraining from taking any legal action.
Whilst we will take all reasonable care to ensure that the content on this Website is accurate, complete and up-to-date we do not guarantee or represent that the content and/or facilities available or accessible via this Website will always be accurate, complete or up-to-date or that access to it will be uninterrupted.
Before you rely on information found on this Website, you must verify this information with the appropriate sources.
3. No warranties
This Website and its contents are provided on an “as is” basis and without any representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom or otherwise) as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness of this Website or its content or that the Website or the content will be provided uninterrupted, error free or free from viruses, trojan horses or other harmful material.
To the fullest extent permitted by law, we shall not be liable to any person or entity for any loss or damage including any consequential or indirect loss or damage or loss of profit which may arise in tort, contract or otherwise and arising out of or in relation to the use of any content on this Website or access to this Website or its unavailability.
4. Intellectual property rights
The intellectual property rights (including but not limited to copyright, design rights, trade marks and patents) in this Website and the content posted on this Website remain the property of Mobility Exchange Ltd or the rightful content owner as the case may be. All such rights are reserved. Except as permitted under applicable law you may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create derivative works derived from this Website or the content or any part thereof without the prior written permission of Mobility Exchange Ltd.
5. Links
This Website may contain links to other websites solely for the convenience of users of this Website. If you use these links you will leave this Website. Mobility Exchange Ltd does not endorse any such linked sites and assumes no responsibility for the contents of any other website to which this Website offers links.
You may not link to any part of this website without prior written consent from Mobility Exchange Ltd and we reserve the right to withdraw such consent at any time.
6. Email correspondence
Our emails have a legal disclaimer contained on them. Any email sent by, or on behalf of Mobility Exchange Ltd, is confidential, legally privileged, and is sent for the personal attention of the intended recipient only. If you have received an email in error you are asked to delete it immediately. Any opinions or advice contained in any email and any attachments are subject to the governing client engagement letter, our Terms of Business and/or related communications. Opinions, conclusions and other information in any email and any attachments which have not been prepared byMobility Exchange Ltd are neither given nor endorsed by it.
7. Privacy Policy and Cookies
We process all personal data collected through this Website in accordance with our Privacy Policy. By accepting these terms and conditions you warrant that you have read and understood our privacy policy Please click here to view.
When you purchase services and/or goods from us you will be required, before completing the purchase, to confirm that you have read and agreed these terms and conditions and that you have read, understood and agree to our privacy policy.
8. Amendments & Invalidity
Mobility Exchange Ltd reserves the right at any time and without any notice to remove, amend or vary any of the content which appears on this Website, including these Terms and Conditions. You must check these Terms and Conditions regularly for any such changes.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
9. Purchase of Services and Products
9.1 Alongside general use of our website, these terms and conditions shall govern the sale and purchase of products and services through our website.
9.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
9.3 You warrant and represent to us that you contract with us under these terms and conditions exclusively in the course of a business and not as a consumer.
10. Order Process
10.1 The advertising of services and products on our website constitutes an “invitation to treat” rather than a contractual offer.
10.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 10.
10.3 To enter into a contract with us to purchase a service or product from us, one of the processes described in either section 10.4 or 10.6 must be followed.
10.4 To purchase directly from the website the following steps must be taken: you must add the service or product(s) you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
10.5 You will have the opportunity to identify and correct input errors prior to making your order.
10.6 You can also purchase a service or product from us by completing our online enquiry form. A member of our staff will contact you directly via telephone or email as directed by you, after which your order will be taken and a link to a payment method sent to you. On confirmation of full payment we will send you an initial acknowledgement. Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
11. Services
11.1 There are a range of types of service offered by us whihc are listed on the Mobility Exchnage website.
11.2 To be eligible for a service, you must be resident or situated in the United Kingdom.
11.3 You must not allow any other person to use your service, and you must notify us in writing immediately if you become aware of unauthorised use of your service.
11.4 You must not use any other member’s account except where you have the express permission of that member to use the service.
11.5 When you register for a service you will be provided a user identification which is unique to your account.
11.6 You will be provided with a password which you can change by making a written application to do so.
11.7 You must keep your password confidential, and you must tell us immediately if you think your password may have been shared with another person whether deliberately or by accident.
11.8 You are responsible for the use of your password on our website and may be held liable for any losses caused by your failure to keep your password safe or to notify us if it is compromised.
11.9 The specific nature of services available to you will be made known to you at the time of ordering and again at the time of notifying you of the successful creation of your account.
12. Cancellation, suspension, upgrading and automatic renewal of Services.
12.1 We may:
(a) edit your Mobility Exchange, Fares.Fair or OMNI account details;
(b) temporarily suspend your account; and/or
(c) cancel your account at any time at our discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided to you after the date of such cancellation. We will give you reasonable notice of any cancellation under this Section 12.1
12.2 You may cancel your subscription to Fares.Fair or OMNI at any time. You will not be entitled to any refund of your current yearly subscription fee if you cancel your account in accordance with this Section 12.2.
12.3 We may from time to time vary the benefits of our services and where we do this we shall provide you with written notification of the changes.
12.4 Providing that, in our reasonable opinion, such a variation results in a substantial loss of value or functionality you shall have the right to cancel your subscription and receive a refund of any amounts paid to us in respect of any period of subscription after the date of the cancellation.
12.5 You may choose to upgrade your subscription at any time by notifying us in writing of your wish to upgrade by ordering through the website. Your new account period will run for one year from the date of the upgrade and this date will become your new subscription renewal date.
12.6 It is not possible to downgrade a subscription service mid-way through a subscription period but you can cancel your subscription as detailed in Section 12.2 and then immediately apply to create a new lower level subscription. Your new account period will run for one year from the date of the creation of the basic subscription and this date will become your new subscription service renewal date.
12.7 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription account service fee unless you have cancelled your subscription before this date by either:
(a) using the online cancellation tools, or
(b) notifying us in writing of your wish to cancel your subscription.
13. Products.
13.1 The following types of products are or may be available on our website from time to time: Omni.cab, FaresFair.me, Hummingbird.
13.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
14. Face to face and Online classroom Based Training
14.1 We shall provide training services during appointments commencing on the date(s) and at the time(s) either specified in the confirmation email or, if re- scheduled due to circumstances, by further electronic communication.
14.2 On payment of the full price you shall be sent the details of the time, date and location of the training session.
14.3 We shall notify you at the same time of any need to download course training material or to complete any pre-course training sessions as listed in the course description.
14.4 You shall attend the training session promptly. We, or the agent we have contracted to deliver the training session, reserve the right to refuse access to the training course if you attend more than 15 minutes after the scheduled start time.
14.5 You shall bring with you suitable, official identification such as a passport, driver licence or other form of photographic identification. If you attend without this you may be refused access to the training course.
14.6 You must bring with you the written confirmation email as proof of purchase of the course and right to entry. If you attend without this you may be refused access to the training course.
14.7 We warrant that we shall provide the training with reasonable skill and care.
14.8 If you believes that any element of the training does not meet the standard specified in Clause 15.7, then you must promptly notify the us and allow the us to investigate the matter (including where applicable allowing us to inspect the results of that training) and, if that training did not meet the standard, re-perform the training.
14.9 We shall devote such of our personnel’s time and expertise to the performance of the training as may be necessary for the satisfactory and timely completion of the course.
14.10 For the avoidance of doubt, we do not guarantee that the receipt of the training will lead to any particular grading or result in any course, examination or assignment or that attendance on the course shall indemnify you against any action where you misapply and/or misunderstand the content of the training and where this misapplication and/or misunderstanding leads to the breach of any law.
14.11 Our online classroom course take place using video conferencing software. Our preferred providers are Microsoft Teams and Zoom (zoom.us). We reserve the right to amend provider without notice if necessary for operation purposes. You warrant that you accept responsibilty for downloading any necessary video conferencing software in order to take part in the online classroom session. Mobility Exchange Limited accept no responsibility for damage or harm that may occur to your device when using third party video conferencing services.
14.12 Online classroom courses are structured as a classroom environment where all candidates are visible to one another on screen. You do not have to use a camera or enter your name (except where required by a local authorty decision) but in agreeing to attend an online classroom session you understand and agree that your presence, any personal data you choose to share, and any commments entered in chat functions (other than direct messaging functions) will be known and can be seen and read by all other attendees on the course.
14.13 We deliver training on behalf of local authorities, charities, businesses and other organisations. If you are booking and attending or accessing any of our training sessions or courses, whether in a classroom, online or by e-learning because you have been instructed to do so by an organisation, you warrant that you agree that the organisation responsible for arranging and/or mandating and/or paying for your training can request and receive updates directly from us covering information including, but not limited to, candidate identifying details, date of enrolment, progress, scores and/or grades, date of completion, copies of certificates and any other information related to the progress of the candidate and/or course that the organisation deems necessary for the fulfilment of the organisations training requirements.
15. Re-Scheduling or Cancellation of classroom based training
15.1 If it becomes necessary for us to reschedule a classroom based training course, then we will give to you a written confirmation of this at least 3 Business Days before the training course is due to commence. In these circumstances, we will offer you an alternative date for the training or, if this is not available, a refund of the total fee paid for booking the course.
15.2 Nothing in this section affects any statutory rights you may have as a consumer as detailed in Section 20 of these terms and conditions (Distance Contracts, Consumer Rights).
15.3 You may cancel attendance on a training course booking by giving us a written notice of cancellation.
15.4 If you cancel a training course booking at least 14 days in advance of the training course date then you shall be released from any liability to pay further charges in respect of the relevant course, and shall be entitled to a refund of 90% of any charge previously paid in respect of that course booking but this will not include any charges you may have incurred from credit or banking services.
15.5 If you cancel a training course appointment with less than 14 days notice you will not be entitled to any refund of fee paid.
16. Personnel
16.1 We shall ensure that all personnel involved in the provision of the Services:
(a) have been interviewed by us;
(b) have supplied proof of identity and satisfactory references to us;
(c) have been properly trained and are adequately experienced in the provision of the training course; and
(d) hold all necessary qualifications and certifications required for their work in relation to the delivery of the training.
17. Distance contracts: cancellation right
17.1 This Section 20 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
17.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 20.3. You do not have to give any reason for your withdrawal or cancellation.
17.3 You agree that we may begin the provision of course materials before the expiry of the period referred to in Section 20.2, and you acknowledge that, if we do begin the provision of course materials before the end of that period, you will lose the right to cancel referred to in Section 20.2.
17.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 20, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
17.5 If you cancel an order on the basis described in this Section 17, you will receive a full refund of the amount you paid to us in respect of the order.
17.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
17.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 20 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
18. Licensing of course materials
18.1 We will supply your course materials to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
18.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your course materials permitted by Section 18.3, providing that you must not in any circumstances make any use of your course materials that is prohibited by Section 18.4.
18.3 The “permitted uses” of your course materials are:
(a) downloading a copy of each of your course materials;
(b) in relation to written and graphical course materials: making, storing and viewing copies of your course materials on not more than 3 desktop, laptop or notebook computers, ebook readers, smartphones, tablet computers or similar devices;
(c) in relation to audio and video course materials: making, storing and playing copies of your course materials on not more than 3 desktop, laptop or notebook computers, smartphones, tablet computers, media players or similar devices; and
(d) printing a single copy of each of your written course materials solely for your own use.
18.4 The “prohibited uses” of your course materials are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any course material (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any course material (or part thereof), and the creation of any derivative work incorporating any course material (or part thereof);
(c) the use of any course material (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any course material (or part thereof) to compete with us, whether directly or indirectly; and
(e) any commercial use of any download (or part thereof),
providing that nothing in this Section 18.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
18.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your course materials.
18.6 All intellectual property rights and other rights in the course materials not expressly granted by these terms and conditions are hereby reserved.
18.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any course material.
18.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
18.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 19 will be automatically terminated upon such breach.
18.10 You may terminate the licence set out in this Section 18 by deleting all copies of the relevant course materials in your possession or control.
18.11 Upon the termination of a licence under this Section 18, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant course materials in your possession or control, and permanently destroy any other copies of the relevant course materials in your possession or control.
19. Your content: licence
19.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for incorporation into any product or for use in connection with the creation of any product, or when using the Mobility Exchange website.
19.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to incorporate your content into products to be supplied to you and to use, reproduce, store, adapt, publish, translate and distribute your content insofar as reasonably necessary for that purpose.
19.3 You grant to us the right to sub-license the rights licensed under Section 19.2.
19.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete your content, refuse to supply products incorporating your content and/or decline to incorporate your content into any product.
20. Rules about your content
20.1 You warrant and represent that your content will comply with these terms and conditions.
20.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
20.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
21. Your content: liability
21.1 You acknowledge that you are solely responsible for supplying your content to us and for ensuring that your content is of sufficient quality and in an appropriate format for its intended use.
21.2 Subject to Section 30.1, we will not be in breach of any warranty or representation, including the warranties and representations set out in Section 30.2, and will not be otherwise liable to you in respect of any expense, loss or damage arising out of your content or the incorporation of your content into products.
22. Prices and fees
22.1 Our prices and/or fees are quoted on our website.
22.2 We will from time to time change the prices and/or fees quoted on our website, but this will not affect contracts that have previously come into force.
22.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
22.4 It is possible that prices and/or fees on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price and/or fee will be notified to you before the contract comes into force.
22.5 In addition to the price and/or fee of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
23. Payments
23.1 You must, during the order process, in accordance with sections 10.4 or 10.6, pay the prices and/or fees of the service(s) or product(s) you order.
23.2 Payments may be made by any of the permitted methods specified on our website or provided to you by our representatives from time to time.
23.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the service(s) and/or product(s) ordered and/or by written notice to you at any time cancel the contract of sale for the service(s) and/or product(s).
23.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 35.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 18.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 23.4.
24. Credit accounts
24.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 24.
24.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 14 days following the date of our invoice.
24.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
24.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,
without prejudice to our other legal rights or rights under these terms and conditions.
25. Deliveries
25.1 Our policies and procedures relating to the delivery of products are set out in this Section 25.
25.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
25.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 10 working days following the date of the order confirmation; however, we do not guarantee delivery by this date.
25.4 We will only deliver products to addresses on the UK mainland.
26. Risk and ownership
26.1 The products you purchase from us will be at your risk from the time of delivery.
26.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
26.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
26.4 Until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
27. Warranties and representations
27.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
22.2 We warrant to you that:
(a) we have the right to sell the subscription account service(s) and/or product(s) that you buy;
(b) the subscription account service(s) and/or product(s) we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the subscription account service(s) and/or product(s)you buy, except as specified in these terms and conditions;
(d) the subscription account service(s) and/or product(s) you buy will correspond to any description published on our website; and
(e) the subscription account service(s) and/or product(s) you buy will be of satisfactory quality.
27.3 All of our warranties and representations relating to the supply of subscription account service(s) and/or product(s) are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 22.1, all other warranties and representations are expressly excluded.
28. Use of Safe.Cab products and Forum
28.1 You warrant that use of all Mobility Exchnage Limited products is, and always remains, entirely at your risk.
28.2 You warrant and understand that you will only use Mobility Exchnage Limited products in a way that does not affect the safety of your vehicle, your passengers, yourself or any other person at any time.
28.3 To the maximum extent permitted by applicable law and subject to Section 30.1, you agree to indemnify us against any loss caused as a result of your use, in any way, of the Mobility Exchnage Limited products.
28.4 You agree not to pass bookings made directly with you through the Fares.Fair booking system to another driver, vehicle owner or operator who is not a Fares.Fair registered driver, vehicle owner or operator.
28.5 You agree to use all Mobility Exchange Limited products for purposes in connection with your business as a professional driver and, when doing so, to act at all times in a fit and proper manner.
29. Breach of product warranty
29.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 27.2, please contact us to discuss the issue and arrangements for the return of the products.
29.2 If products you purchase from us do not conform with the warranties set out in Section 27.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
29.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
30. Limitations and exclusions of liability
30.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
30.2 The limitations and exclusions of liability set out in this Section 25 and elsewhere in these terms and conditions:
(a) are subject to Section 25.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
30.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
30.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
30.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
30.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
30.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
30.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) £1 000 000; and
(b) the total amount paid and payable to us under the contract.
31. Order cancellation
31.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
31.2 We may, subject to applicable law, cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
31.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
32. Consequences of order cancellation
32.1 If a contract under these terms and conditions is cancelled in accordance with Section 26:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 9.3, 21.2, 23.4, 24.2, 24.4, 25, 30, 35, 36, 37, 38, 39 and 40 will survive termination and continue in effect indefinitely.
33. Scope
33.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
33.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
33.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
34. Variation
34.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
34.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
35. Assignment
35.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
35.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
36. No waivers
36.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
36.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
37. Severability
37.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
37.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
38. Third party rights
38.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
38.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
39. Entire Agreement
34.1 Subject to Section 30.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
40. Law and jurisdiction
40.1 These terms and conditions shall be governed by and construed in accordance with English law.
40.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
41. Statutory and regulatory disclosures
41.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
41.2 These terms and conditions are available in the English language only.
41.3 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.