Open University Car Share

Conditions

Interpretation

Travel sharing - the practice of two or more people sharing a car (or other suitable vehicle for use on the public roads or other mode of transport) from one place to another.
Member - a fully registered member of Open University Car Share.
The Service - The total car sharing information service provided by Open University Car Share including (but not restricted to) the Intranet Web site.
The Company - Open University Car Share is the trading name for The Open University's Journey Share scheme. Any reference herein to the words 'us' , 'we' and 'the company' refers to The Open University as the providers of Open University Car Share via a third party - Jambusters Ltd. The Company provides a travel sharing information service with the aim of enabling members to make contact with each other for the purpose of sharing their vehicles rather than driving alone.

Changes

Open University Car Share may notify you of any changes to these Terms and Conditions by giving you notice either by posting it to your last known address or by sending it as an email attachment to the email address provided on your application form. Changes will also be posted on our internet web site.

Force Majeure

Open University Car Share cannot, and does not, guarantee that it will find a compatible driver or passenger for its members and our inability to do so will not be considered reason for compensation. We cannot accept any responsibility or liability for any loss or injury incurred by any member who subscribes to our service.

Motor Insurance

Individuals are responsible for informing their insurance company, and/or any other individual(s) or corporate body(ies) which may have an interest in the vehicle in question, of their participation in Open University Car Share's car sharing scheme with specific reference to any fuel contribution which drivers are entitled to receive from passengers.

Open University Car Share accepts no responsibility for losses incurred, directly or indirectly, due to the driver accepting fuel contributions from other members.

Membership

Individual members taking advantage of our free membership are subject to the following conditions:
  • The success of such a scheme depends almost entirely on as many people as possible participating.
  • You must have read our Terms and Conditions. A text version is available via email on request and is also available on our web site. Completing the application form is an acknowledgement that you have read and understood them.
  • Membership will be at the discretion of Open University Car Share and no reason will be given if an application for membership is refused.
  • Membership entitles only the individual registered to make use of the Service.

Termination

You may terminate your membership at anytime. Open University Car Share can at anytime bar you from using the service if we feel that you have misused the service or are in any way in breach of these terms and conditions. Our decision is final and no correspondence will be entered into.

Your obligations to other members

  • Once you have arranged to travel share with another member or members you must be at the meeting point at the agreed time. If you cannot make it you must make every effort to contact the other party to let them know. The driver is under no obligation to wait for the passenger if he or she is late.
  • Passengers are requested to comply with the driver's request for them not to smoke, eat or drink in the car.
  • The ultimate decision of where and at what time to meet, the route to be taken and the drop off point is the driver's. The driver should make these known to the passenger when making the arrangements to meet.
  • Members should refrain from telephoning other Open University Car Share members during unsocial hours.

Documentation

  • Members must hold and continue to hold a valid full UK driving license to participate as a driver. Members who lose their driving license for any reason can still participate as passengers.
  • A passenger is entitled to be shown the driver's driving license, the vehicle's MOT certificate and insurance policy certificate. (Passengers wishing to view these items should request the driver to have them available at the meeting point)

Security

  • Personal security is the responsibility of each individual member and Open University Car Share cannot accept responsibility for the actions of its members.
  • Open University Car Share does not accept any responsibility for disputes between members. Except where there is provision under general law we cannot accept responsibility for physical injury, emotional distress, mental suffering or psychological injury resulting from members car sharing.
  • You are under no obligation to get into a car with, or offer a lift to, other Open University Car Share members. You do so entirely at your own risk and assessment of that risk.
  • Open University Car Share does not vet members and membership of Open University Car Share does not imply any reference on the Company's part of the member's character or mental state, past or present. Similarly the Company makes no request from applicants regarding any criminal record they may have.
  • You must notify Open University Car Share of any unfavourable incidents experienced with other members remembering to give as much detail including their name and contact details.
  • The Company does not imply any warranty or guarantee of road worthiness of vehicles used by its members. The company does not guarantee the validity or cover of its members' insurance policies.
  • You will be given some advice on personal safety and security. The advice is not meant to be exhaustive. Open University Car Share is under no obligation to provide this advice and the provision of this advice is not meant to imply that car sharing and the practice of car sharing is dangerous.
  • All information supplied to Open University Car Share by its members will be treated in the strictest confidence, is subject to the General Data Protection Regulation and will not be divulged except for the purpose of enabling members to make contact so that they can make arrangements to share their vehicles.
  • The information may also be used for statistical purposes and management reports only but your identity will remain anonymous.
  • Open University Car Share accepts no responsibility whatsoever for any inaccuracies howsoever arising, of any information supplied to them.
  • The right to accept or refuse membership to anyone is the sole discretion of the Company
  • By applying for membership of Open University Car Share applicants are giving Open University Car Share permission to give their name and contact details to other members to enable them to contact you.

Fuel Contributions

  • We recommend that Passengers should pay a fuel contribution to the driver, that this should be paid on arrival at the planned destination and the exact agreed amount should be ready to pay the driver.
  • Drivers having problems with passengers in this regard should inform Open University Car Share in writing.
  • The mileage rate currently recommended by Open University Car Share is 10p - 15p per mile.

General

The Open University and Jambusters Limited are obliged to point out that use of the Open University Car Share service is at your own risk.

This car share scheme is intended to facilitate the sharing of journeys between individuals to and from their place of employment. Open University Car Share provides this service to assist in travelling arrangements entered into by participating individuals but cannot accept responsibility for the information provided by nor the actions of those participating in the scheme. Any individuals who elect to participate in the scheme accept that they do so at their own risk.

Open University Car Share cannot guarantee the accuracy or validity of any information provided by other members of the scheme and it is the responsibility of car sharers to take all reasonable safety and security precautions whilst participating in the car share scheme.

It is for the individual to ensure that any vehicle to be used in car share service is fully insured and it is advisable to inform your insurance company that you are registered in a car sharing scheme. This should not incur additional costs. Most insurance policies cover you to carry passengers on your journey to work, as long as you don't charge your passengers more than the running costs of the vehicle.

Disclaimer

To the extent permitted by law neither Open University Car Share, The Open University nor Jambusters Ltd can accept liability for any loss, damage or inconvenience caused as a result of any inaccuracy, error or activity related to the Open University Car Share service or as a result of any termination or failure of service for any reason whatsoever.

Nor will Open University Car Share be held responsible for the truth, accuracy or content of any material posted through the site or of any external sites to which it may include links. Open University Car Share does not guarantee the availability, existence, suitability or sufficiency of participants, vehicles, routes or insurance arrangements.

According to the extent permitted by law, you release Open University Car Share, The Open University and Jambusters Ltd and their employees and contractors from all liability arising out of, or in connection with, the Open University Car Share service.

Data Protection

All personal information will be treated in accordance with the General Data Protection Regulation. The only personal data that will be viewed by other potential car sharers are your first name, gender, nominated daytime phone number and any comments included in the comments box. The Open University Car Share system administrator will have access to the personal details that you enter, but these will only be used for statistical analysis and administration duties. Jambusters will also have access to this information for administration purposes only, and the data will be treated confidentially. No personal information will be passed on to third parties.

Our liability to you

The information contained in this website is not comprehensive and despite every effort, it may not be accurate, up to date or applicable to the circumstances of any particular case. Except for any responsibility under general law no liability can be accepted for any inaccuracies or omissions in this website and any decisions you make based on information contained in this website are your sole responsibility. Neither The Open University, Jambusters Limited nor any of their subsidiaries accept liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it.

Other than in respect of personal information, which will be treated in accordance with the Data General Data Protection Regulation (see above), if you provide information to us, you agree that we have unlimited rights to any such information which is outside the General Data Protection Regulation and that we may use such information in any way we choose, within the authority. Such information shall be deemed to be non-confidential.

We are of course happy to review any comments you may have in relation to the site if you e-mail us at travel-advice@open.ac.uk

Ownership of the copyright and trade marks on this site

All the contents of this site and downloads from it are licensed directly by The Open University, unless otherwise stated. All rights reserved.

You are responsible for obeying all applicable copyright laws. We permit you to make copies of this website as necessary incidental acts during your viewing of it and you may take a print for your personal use of so much of the site as is reasonable for private purposes. All other use is strictly prohibited.

The Open University and the The Open University logo are trademarks of The Open University. You may not frame this site nor link to a page other than the home page without our express permission.

Use of any hyperlink

Neither The Open University nor any of its subsidiaries or affiliates are responsible for the content of any other website, including any website through which you may have gained access to our website or to which you may gain access from our website. We do not accept any liability in connection with any such sites or links. You are responsible for viewing and abiding by the privacy statements and the terms of use posted on any linked site.

What law governs this website?

Your use of this website and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with the laws of England and Wales. The courts shall have exclusive jurisdiction over any dispute arising out of your use of this website.

In the event that any or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
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