Terms of Service
by engaging with any Commute Ltd services, you agree to our terms of service
Terms and conditions
Please read all these terms and conditions.
1. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
2. These Terms and Conditions will apply to the purchase of the services (Carbon Offsetting) and goods (Offset Certificates and Badges) by you (the Customer or you). We are Commute Ltd a company registered in England and Wales under number 12228517 with email address email@example.com (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. When signing up or logging into the App, you will be asked to agree to these Terms and Conditions. By signing in or logging in, as explicitly stated, you agree to the terms and conditions. You can only purchase the Services and Goods from the App if you are eligible to enter into a contract and are at least 18 years old.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
7. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
8. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
9. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the App;
11. Services means the services advertised on the App, including any Goods, of the number and description set out in the Order;
12. Website means our website commute.org.uk on which the Services and Goods are advertised.
13. App means our app Commute: Fuel Splitter on which the Services and Goods can be purchased.
14. The description of the Services and any Goods is as set out in the App, Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies of any Goods supplied.
15. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
16. All Services which appear on the Website or App are subject to availability of Goods and Staff.
17. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
18. Customer responsibilities
19. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
20. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
21. Personal information
23. We may contact you by using e-mail or SMS text message.
24. Basis of Sale
25. The description of the Services and any Goods in our software does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the in App, we can reject it for any reason, although we will try to tell you the reason without delay.
26. The Order process is set out on the App. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
27. A Contract will be formed for the Services ordered when you receive an Order Confirmation by email or SMS text message (Order Confirmation). We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
28. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 100 days from its date, unless we expressly withdraw it at an earlier time.
29. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
30. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
31. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional charges is set out on our App at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
32. Fees and charges include VAT at the rate applicable at the time of the Order.
33. You must pay by submitting your credit or debit card details with your Order, or having them attached to your existing Commute account, and we can take payment immediately or otherwise before provision of the Services.
Risk and Title
34. Risk of error in the Goods is the responsibility of the third-part supplier. We cannot guarantee the reliability of the Goods any further than the guarantee of the third-party supplier. If you believe there to be any error or if you have any issues with the quality of the Goods or Services provided, please contact us immediately through our Website.
35. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
36. You cannot withdraw the Order after the Contract is made.
a. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) after payment has been made to the third-party provider.
37. Right to cancel
38. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
39. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
40. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision. In any event, you must be able to show clear evidence of when the cancellation was made.
41. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) within 28 days.
42. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
43. Commencement of Services in the cancellation period
44. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
45. Effects of cancellation in the cancellation period
46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
47. Payment for Services commenced during the cancellation period
48. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
49. Deduction for Goods supplied
50. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
51. Timing of reimbursement
52. We will make the reimbursement without undue delay, and not later than 28 days after the day you provide evidence that you wish to cancel.
53. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
54. Returning Goods
55. You agree that you will have to bear the cost of returning the Goods if any.
56. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
58. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
59. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. conform to their description.
60. It is not a failure to conform if the failure has its origin in your materials.
61. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
62. Duration, termination and suspension
63. The Contract continues as long as it takes us to perform the Services.
64. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
65. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
66. Successors and our sub-contractors
67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract.
68. Circumstances beyond the control of either party
69. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
71. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
73. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
74. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
75. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
76. For any enquiries or complaints regarding data privacy, you can contact us on our Website.
77. Excluding liability
78. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
79. Governing law, jurisdiction and complaints
80. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
81. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
82. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us at firstname.lastname@example.org to find a solution. We will aim to respond within 7 days.
85. Model cancellation Form to
Email address: email@example.com
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):