Terms of use

  1. Introduction
    1. Commutineer provides a public forum in which commuters can converse indirectly, using our Web site COMMUTINEER.COM (referred to below as the Web site) or SMS text messages, without sacrificing anonymity and privacy. Commuters can flirt, rant, share news, say something cool, and form tribes based on similarities such as their travel times, stations, rail lines and networks, and other topics. For more information about the Commutineer Web site and services, click about us and fees.
    2. This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the Web site.
    3. Please read these terms of use carefully before you start to use the Web site. By using the Web site, you will be indicating to us that you accept these terms of use and that you agree to abide by them.
    4. Please note that if you do not agree to these terms of use, you are not authorised to access or use the Web site, and any such use may give rise to civil or criminal liability.
  2. Information about us
    1. COMMUTINEER.COM is a Web site operated by Energized Work Limited, trading as Commutineer (referred to below as Commutineer, we or us).
    2. Energized Work Limited is a company registered in England and Wales under company number 6271339 and with its registered office at High Trees, Hillfield Road, Hemel Hempstead, Hertfordshire, HP2 4AY. Our main trading address is 17 Macklin Street, Holborn, London, WC2B 5NR, and our VAT number is 909 0171 41.
    3. We may communicate with you by telephone, by sending you text messages (SMS) and/or by emailing you. All text and email messages will be sent while or after you use the Web site (in the case of text messages, according to your preferences). Our communications with you may include the following (without limitation):
      • Upon registration and confirming registration, Commutineer will send you an email and two mobile text messages;
      • Commutineer will send you an email if you have forgotten your log-in details and you have requested assistance;
      • Commutineer will notify you by email if your account is suspended or reinstated;
      • Commutineer will send you an email when your payment has been successfully funded using Paypal;
      • Commutineer will send you a 'long message' warning text message on your mobile phone if your texting exceeds the length limitation and your account is funded (in which event one text credit will be deducted from your account. Read about the fees for more information).
    4. You may communicate with us by the following methods, using the following contact details:
      • Email: Use our contact us form.
      • Post: Energized Work Limited, 17 Macklin Street, Holborn, London, WC2B 5NR
  3. Registration and charging
    1. Access to some parts of the Web site is restricted to users who have registered with us (referred to in these terms as registered users) or to groups of registered users. Persons who view the Web site but have not registered with us (referred to as visitors) will not have access to its full functionality and content. In order to become a registered user, click register.
    2. By registering as a user, you are confirming to us that you are resident in the United Kingdom and that you will only access the Web site from within the United Kingdom.
    3. For details of the charging arrangements for use of the Commutineer services, click fees. Please note that in addition to paying the subscription and usage charges shown on the charges page, you may also incur charges from your mobile network provider. Such mobile network charges may include (for example) charges for text messaging, multimedia messaging, and data network access charges. It is your responsibility to be aware of and to pay any charges made by your mobile network provider.
  4. Your general obligations
    1. When you register as a user, you will be provided with a user identification code (referred to below as your user name) and password as part of our security procedures. You must treat your user name and password as confidential, and you must not disclose them to any third party. We have the right to disable any user name or password at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
    2. You are responsible for making all arrangements necessary for you to have access to the Web site. You are also responsible for ensuring that all persons who access the Web site through your internet connection or mobile device are aware of these terms, and that they comply with them.
    3. You are entirely responsible for any and all activities that occur under your user name and password. You must notify us immediately of any unauthorized use of your user name or password, or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your Commutineer account, whether with or without your knowledge.
    4. You agree to indemnify and hold Commutineer, its parent or subsidiary companies, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
      • user generated content submitted, posted or transmitted using your user name
      • any use of or connection to the Web site under your user name;
      • any breach of these terms of use; and
      • any infringement of the rights of any third party, regardless whether the claim or demand arises from your own acts or omissions or the acts or omissions of another person using your user name and password.
  5. User generated content
    1. Registered users have access to features that allow them to upload text to the Web site or to communicate material directly to other registered users (referred to as your user generated content). Any such user generated content may in turn include links to Web-based items such as Web sites, pages, images or video. If you use these features, you must comply with the content standards set out in section 5e below (referred to as UGC guidelines). We have the right (but not the obligation) to delete or alter any user generated content and/or to terminate your status as a registered user if, in our opinion, your user generated content does not comply with the UGC guidelines.
    2. By making use of any such feature, you are agreeing and re-confirming to us:
      • that you are a resident of the United Kingdom and are accessing the Web site from within the United Kingdom;
      • that you accept sole responsibility for any material and information that forms part of your user generated content;
      • that you will indemnify us for the consequences of any non-compliance with the UGC guidelines;
      • that your user generated content is non-confidential and non-proprietary, or that you have the rights necessary to permit its use and distribution via the Web site, and that we have the right to use, copy, distribute and disclose it to third parties for any purpose; and
      • that we have the right to disclose your identity to any third party who claims that your user generated content infringes their intellectual property rights, their right to privacy, or any other legal or moral right.
    3. We welcome your user generated content consisting of comments, feedback and suggestions regarding the Web site (referred to below as feedback). In order that we may continuously improve the Web site and our service offerings, it is necessary for us to be able to use such feedback freely, for which reason we require (and you hereby agree) that all intellectual property rights in feedback will be owned by us, and you hereby assign to us all such rights that may subsist anywhere in the world. With the exception of feedback, we claim no intellectual property rights in your user generated content, and all such material remains yours at all times.
    4. We will not be responsible, or liable to any third party, for the content or accuracy of any user generated content provided by you or any other user of our site. The information posted on or via the Web site is not intended to amount to advice on which reliance should be placed, and to the fullest extent permitted by law we disclaim all liability and responsibility arising from any such reliance by you, by any other registered user or visitor, or by any third party.
    5. The following guidelines apply to the user generated content that you provide:
      • user generated content (and all intellectual property rights in it) must be owned by you, or validly licensed to you by the relevant owner on terms that permit its transmission to and distribution via the Web site;
      • user generated content must not include surnames, telephone numbers, physical addresses, email addresses or other personally identifiable information (except in the case of private conversations with other registered users, in which case you disclose that information entirely at your own risk and Commutineer accepts no responsibility for any misuse or disclosure of it by any recipient);
      • user generated content consisting of "spam" or other commercial communication is not acceptable;
      • user generated content must not involve any impersonation of Commutineer personnel, any other registered user or any third party, or any misrepresentation that you are in any way affiliated with such other person;
      • user generated content must not be unlawful, abusive, obscene, blasphemous, defamatory, invasive of the rights of privacy of any person, or incitement to violence, racial hatred or other criminal activity;
      • user generated content may include links to third party Web sites, but must make it clear that Commutineer has no responsibility for those Web sites or the content on them.
  6. Intellectual property rights
    1. With the exception of user generated content, we are the owner or the licensee of all intellectual property rights in the design of the Web site and the content it contains. The Web site and its content are protected by copyright laws and treaties around the world, and all such rights are reserved.
    2. If you print off, copy or download extracts of any pages from the Web site, our status (and that of any identified contributors) as the authors of material must always be acknowledged. You must not use any part of the materials on the Web site for commercial purposes without obtaining a licence to do so from us or our licensors.
    3. If you print off, copy or download any part of the Web site in breach of these terms of use, your right to use the Web site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  7. Changes to the Web site
    1. We aim to update the Web site regularly, and may change the content at any time. If the need arises, we may suspend access to the Web site, or close it indefinitely. Any of the material on the Web site may be out of date at any given time, and we are under no obligation to update such material.
  8. Our liability
    1. The user generated content and other material available via the Web site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
      • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Web site or in connection with the use, inability to use, or results of the use of the Web site, any Web sites linked to it and any materials posted on it, including, without limitation any liability for:
        • loss of income or revenue;
        • loss of business;
        • loss of profits or contracts;
        • loss of anticipated savings;
        • loss of data;
        • loss of goodwill;
        • wasted management or office time;
        • and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
  9. Information about you and your visits to our site
    1. We process information about you in accordance with our privacy policy. By using the Web site, you consent to such processing and you warrant that all data provided by you is accurate.
  10. Viruses, hacking and other offences
    1. You must not misuse the Web site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web site, the server on which the Web site is stored or any server, computer, mobile device or database connected to the Web site. You must not attack the Web site via a denial-of-service attack or a distributed denial-of service attack.
    2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web site will cease immediately.
    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, computer programs, data or other proprietary material due to your use of the Web site or to your downloading of any material posted on it, or on any Web site linked to it.
  11. Linking to our site
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You may not:
      • establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
      • establish a link from any Web site that is not owned by you;
      • frame our Web site on any other site, or create a link to any part of our Web site other than the home page.
    3. We reserve the right to withdraw linking permission without notice, and without giving reasons.
    4. If you wish to make any use of material on the Web site other than that set out above, please contact us.
  12. Links from our site
    1. Where the Web site or any user generated content contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  13. Jurisdiction and applicable law
    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, the accessing or use of the Web site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
    2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  14. Trade marks
    1. COMMUTINEER is a trademark of Energized Work Limited, trading as Commutineer.
  15. Variations
    1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
  16. Your concerns
    1. General. If you have any concerns about material which appears on our site, please contact us.
    2. Complaints about user generated content. Commutineer takes very seriously any allegations of intellectual property rights infringement, and aims to comply with all relevant intellectual property laws. We will review all such allegations and where appropriate remove user generated content. If you have any concerns about user generated content infringing intellectual property rights, please supply the following information:
      • Details of the allegedly infringing content;
      • Particulars of its location within the COMMUNITEER.COM domain, sufficient to enable us to locate and view it and if necessary take it down;
      • Details of the work in which you claim that intellectual property rights have been infringed;
      • Evidence that you are the owner of the intellectual property rights (or have the right to act on their behalf) in that work;
      • Confirmation that you believe, acting reasonably and in good faith, that use of the work in the manner complained of is not authorized by the owner or by law;
      • Your contact details for subsequent communications, including your address, telephone number, and email.