1. Terms
1.1 These Terms apply to the access and use of mobile application (the 'App') owned and operated by
The Pasty Connection Ltd company registration number 11633184, registered office 28 Leskinnick
Terrace, Penzance, TR18 2HB trading as The Pasty Connection (The Pasty Connection, we). No other terms
apply, including all terms and conditions otherwise implied by law, custom or previous course of
dealing to the maximum extent permitted by law. By using the App you agree to be bound by these terms
of use (the Terms) together with the privacy and cookie policy accessible in the App (the Privacy &
Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so
please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie
Policy, do not use the App and delete it from your device. If you have any questions, you can contact
us by email at info@pastyconnection.com.
1.2 The Pasty Connection reserves the right to update these Terms from time to time at its discretion.
If we reasonably believe that the change to the Terms is significant, we shall notify all registered
users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are
responsible for regularly reviewing these Terms so that you are aware of any changes to them.
1.3 The App operates as a platform for Drivers and Passenger to connect, arrange to share a lift
Vehicle and receive feedback. The Pasty Connection does not provide lift share services itself and has
no responsibility for acts or omissions of Drivers or Passengers or otherwise in relation to Vehicle.
2. Definitions
2.1 In these Terms, the following words have the following meanings:
App Content: all content on the App;
Driver: an individual seeking to offer a lift share;
Driver Content: all content uploaded to the App by a Driver, including within the Driver’s profile,
communications on the App and reviews for a Passenger;
IP Rights means any patent, trade mark, registered design or any application for registration of the
same, or the right to apply for registration of the same, any copyright or related rights, database
right, design rights, rights in trade, business or domain names, rights in trade dress, rights in
inventions, rights in confidential information or know-how or any similar of equivalent rights in any
part of the world;
Lift Share: a journey in a Vehicle driven by the Driver with the Passenger arranged on the App;
Passenger: an individual seeking to find a lift share;
Passenger Content: all content provided by the Passenger, including within the Passenger’s profile and
communications on the App and reviews for a Driver; and Vehicle: a vehicle used by the Driver to share
a lift with a Passenger through the App;
2.2 Words in the singular include the plural and in the plural include the singular.
2.3 Headings shall not affect the interpretation of these Terms.
2.4 References to Conditions are, unless otherwise provided, references to the conditions of these
Terms.
2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise
of it by a party is without prejudice to that party's other rights and remedies.
2.6 Any phrase introduced by the words ‘including’ shall be construed as illustrative and shall not
limit the generality of the related words.
3. Registration
3.1 Any user can sign up to the App by uploading a photograph of themselves, then providing their name,
telephone number and email address when prompted. We will send the user a verification [email/text]
containing a link to enable the account to be verified. The user can access the App to register either
as a Driver or a Passenger.
3.2 If you wish to register as a Driver on the App, you must (a) be at least 18 years old; (b) be
resident in the United Kingdom; (c) hold a valid driving licence that allows you to drive the Vehicle;
(d) have in place and maintain fully comprehensive motor insurance that covers use of the Vehicle in
accordance with these Terms; (e) own the Vehicle; (f) maintain the Vehicle including by having annual
service checks and maintaining a valid MOT; and (g) be legally capable of entering into a contract. At
our request, you shall provide evidence of your compliance with this Condition 3.2, including copies of
your V5C registration certificate, and copies of your insurance policy and MOT certificate.
3.3 If you wish to register as a Passenger on the App, you must (a) be at least 18 years old; (b) be
resident in the United Kingdom; and (c) be legally capable of entering into a contract.
3.4 We shall consider any application, and if we agree to include you on the App, we shall notify you
accordingly. You shall immediately notify us if at any time you cease to comply with the provisions in
this Condition 3.2 or 3.3 as the case may be, and you agree that we shall be entitled immediately to
remove you from the App in such circumstances.
3.5 You agree that you are responsible for all activities that take place through your account so you
should keep your log-in credentials secret, and immediately notify us if you believe there has been any
unauthorised third party access to your account.
4. Arranging a Lift Share
4.1 Within the account on the App, Drivers must include appropriate content and complete all
information requested about the Vehicle and the Lift Share they offer so as to enable a Passenger to
consider whether or not the Driver, the Vehicle and the Lift Share is suitable for their needs.
4.2 Once registered, a Passenger may use the App to search for a Lift Share, communicate with Drivers,
book a Lift Share and pay for the Lift Share.
4.3 In providing the Lift Share, the Driver agrees to drive with all due care and attention and in
accordance with the Highway Code and all road traffic legislation, including driving within the speed
limit, and not exceeding the maximum legal blood alcohol limit for drivers.
5. Use of App
5.1 The Pasty Connection grants to you a personal, non-exclusive, non-transferable right to use the App
and App Content in accordance with these Terms. You shall have no right to sub-license your use of
and/or access to the App.
5.2 You are responsible for configuring your own systems appropriately to access and use the App. You
must not use the App in any way that causes, or may cause, damage to the App or impairment of the
availability or accessibility of the App or interferes with any third parties use of the App. You shall
comply with all reasonable instructions of The Pasty Connection in relation to the use of the App.
5.3 The App must not be used for any illegal or unauthorised purpose. In particular, but without
limitation, you agree not to (a) try to gain unauthorised access to the App or any networks, servers or
computer systems connected to the App; (b) harvest or otherwise collect non-public information about
another user obtained through the App (including email addresses), without the prior written consent of
the holder of the appropriate rights to such information; (c) use the email address or contact details
of another user for antisocial, disruptive, or destructive purposes; and/or (d) reproduce,
redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or
part of the App save to the extent expressly permitted by law not capable of lawful exclusion.
5.4 The Pasty Connection will use reasonable endeavours to make the App available at all times.
However, there may be occasions when access to the App may be interrupted, including for scheduled
maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or
equipment.
5.5 The Pasty Connection shall use all reasonable endeavours to keep the App secure but you acknowledge
that the App may be subject to breaches of security and that we shall have no liability for any lost
data or unavailability as a result of any attack or assault on its security or any attempt to disrupt
the App.
6. Passenger Content and Driver Content
6.1 Passengers and Drivers agree that the Passengers Content and the Driver Content respectively shall
not (a) breach the provisions of any law, statute or regulation including any data protection laws
and/or regulations; (b) infringe the copyright, database rights, trade mark rights or other
intellectual property rights of any third party; (c) be made in breach of any legal duty owed to any
third party, such as a contractual duty or a duty of confidence; (d) be deliberately or knowingly
false, inaccurate or misleading; (e) include any content which promotes fraudulent, obscene,
pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of
any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; (f)
contain any virus; and/or (g) give rise to any cause of action against The Pasty Connection. We may
remove any Driver Content and/or Passenger Content at any time and without notice if we reasonably
believe that such content infringes any of the provisions of these Terms
6.2 The Driver grants to The Pasty Connection a non-exclusive, royalty free, transferable licence to
reproduce the Driver Content in the App. The Passenger grants to The Pasty Connection a non-exclusive,
royalty free, transferable licence to reproduce the Passenger Content in the App.
7. LIABILTY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
7.1 The App may include content, including blogs, with information about lift-sharing and places to
visit. This information is not advice and you should not rely on it in isolation before making any
decision relating to a Lift Share.
7.2 You understand that we do not investigate the backgrounds of any users or check the information
provided by users. You agree to take all necessary precautions in all interactions with other users,
particularly if you decide to communicate outside the App or meet in person in relation to a Lift Share
or otherwise. We shall have no liability to you whatsoever in relation to your interactions with other
users of the App. We recommend that you follow the UK government guidelines set out here:
https://www.getsafeonline.org/social-networking/
7.3 You agree that The Pasty Connection has no responsibility and/or liability for any errors or
omissions in any content posted by a Passenger or a Driver. We accept no obligation to verify or review
such content. Furthermore, we do not warrant that any Driver shall find a suitable Passenger, or that a
Passenger shall find a suitable Driver.
7.4 We warrant that the App will be of satisfactory, fit for purpose and as described, but we give you
no other promises in relation to the App. We shall not be liable for any loss or damage that you may
suffer that is not a reasonably foreseeable consequence of our failure to comply with these Terms.
7.5 We accept no responsibility for adverts contained within the App. If you agree to purchase goods
and/or services from any third party who advertises in the App, you do so at your own risk. The
advertiser, and not The Pasty Connection, is responsible for such goods and/or services and if you have
any questions or complaints in relation to them, you should contact the advertiser.
7.6 Nothing in these Terms shall be construed as excluding or limiting our liability for death or
personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other
liability that cannot be excluded by English law.
8. Termination
8.1 We reserve the right to suspend or terminate the account of Driver or a Passenger at any time and
without liability for any reason.
8.2 Following termination by us of your account you must cease to use the App and you must not
re-register on the App under any other name.
8.3 You may terminate your account at any time by notifying us accordingly, and deleting the App.
9. General
9.1 Nothing in these Terms shall confer or purport to confer on any third party any benefit or the
right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
9.2 The failure or delay of a party to exercise or enforce any right under these Terms shall not be
deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any other
time. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise
of it by a party is without prejudice to that party's other rights and remedies.
9.3 If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as
fully as possible and the unenforceable provision shall be deemed modified to the limited extent
required to permit its enforcement in a manner most closely approximating the intention of the parties
9.4 Any notice given under these Terms shall be in writing and shall be served by delivering the notice
personally or by email to the latest address notified. Any such notice shall be deemed to have been
received at the time of delivery.
9.5 These Terms shall be governed by and construed in accordance with English law and each party hereby
irrevocably submits to the exclusive jurisdiction of the English courts.
10. Additional Terms for Users who download the App from the Apple iTunes App Store
10.1 We both acknowledge that these Terms are concluded between you and us only, and not with Apple,
and therefore, we, not Apple, are solely responsible for the App and the Content. The license granted
to you for the App is limited to a non- transferable license to use the App on an iPhone, iPad or iPod
touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and
Conditions. We, not Apple, are solely responsible for providing any maintenance and support services
with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the App. We are solely
responsible for any product warranties, whether express or implied by law, to the extent not
effectively disclaimed in these Terms. In the event of any failure of the App to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the
App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation
whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be our sole responsibility. We
both acknowledge that we, not Apple, are responsible for addressing any claims by you or any
third-party relating to the App or your use or possession of the App, including, but not limited to (a)
product liability claims; (b) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We
both acknowledge that, in the event of any third-party claim that the App or your possession and use of
the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely
responsible for the investigation, defence, settlement and discharge of any such intellectual property
infringement claim. You represent and warrant that (a) you are not located in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted
parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you as a third-party
beneficiary thereof.