sojo-uk terms — Axon Vibe - Smart Mobility for Smart Cities

Sojo - Terms and Conditions

Applicability and Scope

These Terms and Conditions (hereinafter: "TC") of Axon Vibe Limited (hereinafter: "we"), Northampton, United Kingdom, govern the usage of Sojo (hereinafter: "the Service"). We are bearing the sole responsibility for providing and operating the Service.

By using the Service, you accept the legally binding effect of the TC set forth herein along with the data protection rules in the Sojo Privacy Policy.

Description of the Service

The Service is provided to you in the form of a mobile application (“app”) and related websites and is only available to persons over the age of 16. You may use the Service in accordance with these TC. To do so, you will receive a personal, non-transferable, and non-exclusive right to use the Service as well as the data and information it contains for your own purposes. This right shall be limited to the period of the contractual relationship.

We may make adjustments to the scope and functionality of the Service at any time. We shall provide support for and update the app throughout the contract term in line with technical requirements and at our discretion. If the app update entails any substantive change to the TC, you will be asked to consent to them again the next time you open the app.

To provide the Service, we are authorized to use third-party services such as rail ticketing services from Ferries Trains Planes Ltd (“RailEasy”) or map services from Google Maps Platform, etc. and to involve subcontractors such as Amazon Web Services (AWS) for cloud computing services, Stripe Payments Europe, Ltd (“Stripe”) for payment services or Karhoo Europe (UK) Ltd for mobility exchange services, etc. The Service also incorporates third-party information (e.g. public transport timetable information). The relevant Terms and Conditions of the third-party service provider shall apply in relation to the use of such services.

Booking and Payments

The Service allows you to obtain quotes for, to book and pay for public transport and various mobility services. The Service does not provide any transportation services nor act as a principal for those. The role of the Service is limited to facilitating your bookings and payments with the respective third parties. This means your contract for the actual transportation service is directly with the third-party provider you choose to make a booking from. You enter such a contract by tapping on the respective “Book”, “Buy”, “Reserve” or “Unlock” button in the app. You must read the linked Terms and Condition of the third-party service carefully before proceeding.

Once a purchase, booking, reservation or use of a mobility service has been confirmed in the app, your payment method will be pre-authorized or charged with the amount indicated. Any further changes or cancellations you make to your booking may be subject to a fee, in accordance with the relevant policy of the third-party service. Note that some bookings offered via the Service are non-refundable.

Please note that depending on the nature of mobility service you book via the Service, the fare shown to you in the app might differ from the final fare that is charged to you (e.g. in case of metered services or extras).

Electronic tickets may be provided in the app for your convenience. For the purchase, confirmation, validity and use of such tickets the terms of RailEasy do apply.

Refundable Booking

For certain tickets we offer a Refundable Booking option. We work with Protect International SA (“Protect Group”) who administers this service. The Refundable Booking Terms apply. In case one or more tickets, that are part of a booking for which the Refundable Booking option has been added, are cancelled by the transport operator, the Refundable Booking option is cancelled for the entire booking. You will get a full refund for the Refundable Booking option fee. If you are amending a booking for which the Refundable Booking option has been selected, you must select the Refundable Booking option also for the new booking. Once you receive a refund for the original booking, you will also get a full refund for the Refundable Booking option fee paid for the original booking.

Your Responsibilities

After you booked a mobility service or a ticket in the app you must check your emails. If you have not received the confirmation email you must contact us within 24 hours using the in-app support chat feature. Otherwise, any right of refund will be forfeited.

When making a booking, you must ensure that the information in your profile (such as your name, email address and phone number) and all the information you provide during the booking process is complete and accurate. You shall be liable for any additional charges as a result of incomplete or inaccurate information you have provided.

Linked Websites

We cannot accept any liability whatsoever for links provided within the Service to third party websites. This includes the accuracy, comprehensive status, and lawfulness of the content/links contained therein with other websites as well as any offers, products, and services available on them. These websites no longer fall within our control. This also applies to any such websites displaying the Axon Vibe logo or any other protected designation. Any linked websites are therefore used at your own risk.

Intellectual Property Rights

All rights, titles, and claims (including copyright, trademarks, patents, and other intellectual property or other rights) over, relating to, or resulting from all information and content (including all text, data, graphics, logos, etc.) on the Service shall remain with the relevant holder of the right or us (as specified e.g. in the TC of a third-party provider).

The information and services contained on the Service are provided to you for private use and information purposes only. You may reproduce individual pages and/or subsections of the Service, provided that no copyright marks (e.g. Google©) or any other designations protected by law are removed. All rights of ownership and usage shall remain with us. We can revoke this consent at any time.

It is not permitted:

to reproduce any works that have been derived on the basis of the Service (either in full or in part).
to transmit (either electronically or otherwise), alter or use or create links to any type of information and services in the app for public or commercial purposes.

You may export and use location and motion data in the Service for your own purposes in accordance with your rights over your personal data.

Unless expressly permitted in these TC or under the applicable law, you may not: a) copy or alter the app and related websites or generate any derived products based on the Service; b) sell, transfer, sub-license, lease, lend or rent the Service to third parties; c) reverse engineer, convert, decompile, emulate or disassemble the app; or d) allow the app's functionality to become available in any way to multiple users. We reserve all rights over the app, except insofar as expressly granted to you in these TC.

Liability

The Service, including the information contained within, may be used and navigated at your own risk and responsibility. Our sole liability is in connection with the booking of mobility services or tickets for our indebtedness and is limited to the aggregate amount of the booking you have paid. Furthermore, neither us nor our information providers shall incur any liability.

We accept no liability in particular for the accuracy, up-to-date status, and completeness of the information offered both in terms of its content (e.g. public transport disruption information) as well as its presentation (e.g. map symbols, etc.). If you use services of third-party providers through the Service (e.g. rail ticketing services from RailEasy or mobility services provided by a taxi or PHV fleet, etc.), we shall only act as an intermediary in relation to these services and shall not bear any operational responsibility.

Liability shall also be excluded for

loss of profit or data, app malfunctions of any kind;
consequential damages (e.g. loss of business, expenses incurred due to having a transit connection, interrupted operations);
failure of your mobile device, disrupted functioning, viruses, malware or acts of terrorism, etc.;
misuse by third parties (e.g. consulting or copying data) or the loss of programs or other data contained within information systems.

You shall be liable to us for any use of the app that is improper, contrary to these TC, or illegal.

Contractual Term

We reserve the right to alter the Service and its functionality as well as these TC at any time under the applicable laws and regulations. You will be informed concerning any substantive changes and invited to consent to the amended TC once again. If you object to the amended TC, your right of usage will expire with effect from the time when you reject the amended terms and conditions. You can suspend or end your use of the Service at any time and uninstall it from your device. We reserve the right to delete inactive profiles including all related data in the event of inactivity of the user for a certain time. We may terminate the Service subject to advance notice of 30 days. Notice of termination may be given electronically through the app or via email. We shall be entitled to block the use of the app at any time without advance notice in the event of any breach by the user of these TC or statutory provisions or in the event of any misuse of the app by the user or if we believe that your actions may cause financial loss or legal liability for us.

Severability Clause

If individual provisions of these TC prove to be invalid, incomplete, void, inoperative, or unlawful, the validity of the contract shall not be thereby affected. In this case, the respective provision shall be replaced with a valid provision that is as closely equivalent as possible in terms of its commercial effect and content.

Applicable Law and Place of Jurisdiction

This Contract shall be governed exclusively by UK law, excluding the rules on the conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG). Unless required otherwise by law, the courts, where Axon Vibe has its registered office, shall have exclusive jurisdiction over all disputes arising in relation to this contract.