Last updated : Thurdsay 24th May 2018
These Terms and Conditions (herein referred to as 'Terms') apply to the services operated by Tripcatcher Ltd ('Tripcatcher'). This includes tripcatcherapp.com and the phone app Tripcatcher (collectively referred to as the 'Service'). Tripcatcher Ltd is a limited company registered in England and Wales (registration number 8927861) with its registered office at Pillar House, 113-115 Bath Road, Cheltenham, GL53 7LS, England.
The Terms are binding on any use of the Service. The Terms explain Tripcatcher's obligation as a service provider and your obligation as a customer ('You' or 'Your'). By using the Service You confirm your agreement to these Terms. By registering to use the Service You provide electronic confirmation that You have read and understood the Terms and have the authority to act on behalf of the person or entity for whom You use the Service.
Use of Service By You
Short version: Be sensible and responsible.
The Service is provided to You on the understanding that you will:
- Only add data to the Service that is accurate and relevant;
- Not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Not to reproduce, duplicate, copy, redistribute or otherwise exploit the Service in a way that is detrimental to the value (financial or reputational) of the Service. By way of illustration this includes, but is not limited to, copying website pages and reproducing them on other sites;
- Not to impersonate another person or entity;
- To keep your password secure and not to share it;
- Not to attempt to gain access to resources which you are not entitled to access;
- Not to attempt to access the Service except via the user interfaces explicitly provided by the Service;
- Not to attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services;
- Not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service.
Short version: the software belongs to Tripcatcher.
- You acknowledge that Tripcatcher is the sole proprietor of all legal rights and titles to the Service, including, but not limited to, any intellectual property rights associated with the Service;
- The Service is underpinned by services delivered by other providers. You and Tripcatcher acknowledge that these providers own the rights associated with the provision of its services;
- Tripcatcher shall not use any of Your trade names, trademarks, service marks, logos, domain names and other brand features without Your permission;
- You shall not use any of Tripcatcher's trade names, trademarks, service marks, logos, domain names and other brand features without Tripcatcher's permission.
Short version: your data belongs to You and we will treat it with care.
- To provide the Service to You, we need to use, store and process the data you provide. This includes your contact email, name, company name and your mileage expenses;
- To provide the Service to the Subscriber, our payment processor (Stripe) will handle the card payments. Your card details will no be processed or stored by the Tripcatcher;
- To provide the Service to You, Tripcatcher uses several services delivered by other providers, for example, your mileage expenses are stored in a database provided by IBM Compose, if you contact Support, your email address and name will be stored in helpdesk software provided by GrooveHQ, the emails are handled by Google’s mail software;
- If you configure the Service to publish your mileage expenses to Receipt-Bank, Xero, Expensify or Crunch – the Service will share your mileage expenses with those services;
- To ensure your data remains accessible and secure, regular backups are taken of all data In accordance with industry standard practices;
- Although we take reasonable steps to ensure your data is kept secure, Tripcatcher is not liable for any loss or corruption of your mileage data. If it is critical that none of your mileage data is ever lost or corrupted, then ensure the mileage expenses are published or printed on a regular basis and take additional steps to keep the copies of your original mileage data.
Short version: you can cancel your account at any time, we may stop providing the Service at any time.
- If you cancel then your account will terminate at the next renewal date;
- If you fail to pay any fees due, then you account will be cancelled;
- It is recommended that you export or publish all your mileage data when you cancel, or if you cease paying fees;
- If your account is provided for by an accountant, bookkeeper or employer, they may terminate your account at any time;
- No refunds are provided on termination;
- Tripcatcher may terminate your account with immediate effect if you breach these Terms;
- Tripcatcher has the right to withdraw the service with at least 7 days notice.
Limitation Of Liability
Short version: if something goes wrong, we will try to fix it, but we’re not liable.
Tripcatcher makes use of many services provided by other service providers. Some of these services are critical to the successful working of Tripcatcher. The providers of these services do not accept liability for any failure in the provision of the service. The impact of this is transitive; Tripcatcher does accept liability on behalf of other service providers, many of whom Tripcatcher does not have a direct relationship with (e.g. browser manufacturers, the internet). Neither does Tripcatcher provide any warranties about its Service. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
- The Service is a business to business service and is not intended for use by consumers. UK consumer law is not applicable to the provision of this Service;
- Tripcatcher is not liable or responsible for any reliance you place on the completeness, accuracy or existence of the Service;
- Tripcatcher does not guarantee the Service will meet your requirements or expectations, that your use of the Service will be uninterrupted, timely, secure, free from errors, accurate or reliable;
- Tripcatcher does not warrant the completeness or accuracy of the information published via the Service; nor does it commit to ensuring the Service remains available or the information displayed is timely;
- Tripcatcher is not liable or responsible for the deletion of, corruption of, or failure to store any content or other data and you are advised to maintain your own records and copies of content (for example by printing expense claims or publishing expense claims to third party bookkeeping services);
- You agree to use all reasonable endeavours to resolve any dispute in relation to the Service, including speaking to Tripcatcher to resolve the matter and mutually agreed arbitration before issuing any legal proceedings. Any dispute is to be resolved in accordance with English law and any disputes relating to this notice are subject to the exclusive jurisdiction of English law. Any patent assertion entities and its associates accept full liability for Tripcatcher's legal costs for any dispute;
- Tripcatcher gives no warranty about the Service. We do not warrany the Service will meet your requirements or that it will be suitable for any particular purpose. All implied warranties are excluded as far as permitted by law including merchantability, fitness for purpose, title and non-infringement.
Short version: things change, subscribe to the Newsletter to find out when.
The Terms will be revised from time to time. Revised Terms will apply to the use of the Service from the date of the publication of the revised terms. Updates to the Terms will be announced in the Newsletter and on this page. The Terms will always comply with the relevant UK law.
Short version: let us know if you want to transfer your multi-user account.
Tripcatcher may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying You or obtaining Your consent.
You may not assign or transfer any rights to any other person without Our prior written consent.
Short version: if the law says part of this is wrong, the rest of it still right.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision 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.
Exclusion Of Third Party Rights
Short version: this is just between us and you (and maybe your accountant, bookkeeper or boss).
- These Terms are for the benefit of You and Tripcatcher, and are not intended to benefit any third party or be enforceable by any third party;
- Except for Partner and Company accounts where the Subscriber benefits and is able to enforce these Terms;
- The exercise of Tripcatcher's and Your rights in relation to these Terms is not subject to the consent of any third party.
Law And Jurisdiction
Short version: The law of England & Wales applies.
These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.