Terms and Conditions

This Agreement applies between Users of this Web Site and Members of the Tyne and Wear Smarter Choices Car Share Scheme, and the Tyne and Wear Local Transport Plan Partnership comprising of Gateshead Council, Newcastle City Council, Nexus, North Tyneside Council, South Tyneside Council and Sunderland Council. Your agreement to comply with, and be bound by, this Agreement is deemed to occur upon your first use of the Web Site.

1. Definitions

In this Agreement the following terms shall have the following meanings:

• "Business Day" means every day except a Saturday, Sunday or a public holiday.
• "Content" means any text, graphics, images, audio, video, software, data and any other form of information capable of being stored in a computer that appears on, or forms part of, this Web Site.
• "Tyne and Wear Local Transport Plan Partnership" means the partnership between Gateshead Council, Newcastle City Council, Nexus, North Tyneside Council, South Tyneside Council and Sunderland Council.
• "User" means a person who visits this Web Site on one or more occasions.
•  "Web Site" means http://www.gosmarter.co.uk or http://www.smarterchoices.info

2. Links to Other Web Sites

2.1 This Web Site may contain links to other web sites. Unless expressly stated, these web sites are not under the control of the members of the Tyne and Wear Transport Plan Partnership. We assume no responsibility whatsoever for the content of such web sites and disclaim liability for any and all forms of loss, injury or damage arising out of the use of them. The inclusion of a link to another web site on this Web Site does not imply any endorsement of the web site itself or of those in control of it.

4. Links to this Web Site

4.1 Those wishing to place a link to this Web Site on other web sites may do so only to the home page of this Web Site without prior permission. Deep linking (i.e. links to specific pages within this Web Site) requires the express permission of the members of the Tyne and Wear Transport Plan Partnership.

5. Data Protection

5.1 All personal information will be treated in accordance with the Data Protection Act 1998. The only personal details that will be viewed by potential car sharers are forename, gender and place of work or where you are travelling to. The Tyne and Wear Smarter Choices Car Share Scheme 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 Limited 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.

6. Disclaimers

6.1 The members of the Tyne and Wear Transport Plan Partnership make no warranty or representation that this Web Site will:

6.1.1 meet your requirements;

6.1.2 be fit for a particular purpose; or

6.1.3 be compatible with all systems.

6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind, including participating in the Tyne and Wear Smarter Choices Car Share Scheme.

6.3 The information contained in this Web Site is not comprehensive and despite every effort, it may not be accurate, up-to-date or applicable to the circumstances of any particular case. The members of the Tyne and Wear Passenger Transport Plan Partnership cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this Web Site, and any decisions you make based on information contained in this Web Site are your sole responsibility.

7. Availability of this Web Site

7.1 This service is provided "as is" and on an "as available" basis.

7.2 The members of the Tyne and Wear Local Transport Plan Partnership accept no liability whatsoever for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to: Internet Service Provider equipment failure; host equipment failure; communications network failure; power failure; fire; flood; violent storm; pestilence; explosion; malicious damage; armed conflict; acts of terrorism; nuclear, biological or chemical warfare; natural events; or any other natural or man-made disaster.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, the members of the Tyne and Wear Local Transport Plan Partnership accept no liability whatsoever for any direct or indirect loss, injury (physical or psychological) or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Web Site.

9. No Waiver

9.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy in the future.

10. Notices

10.1 All notices and communications shall be given to us by e-mail to contact@smarterchoices.info. Such notice will be deemed received on the day of sending if the e-mail is received in full on a Business Day and on the next Business Day if the e-mail is sent on a weekend or public holiday.

11. Law and Jurisdiction
11.1 This Agreement shall be governed by and construed in accordance with the Law of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.