PAXTON COMPUTERS LIMITED
TERMS AND CONDITIONS OF SALE VIA THE WhereIsMyBus WEBSITE
1 DEFINITIONS
"Paxton" means Paxton Computers Limited of 15 Kingsway, Bedford, England MK42 9EZ.
"The Website" means the WhereIsMyBus website currently owned and operated by Paxton at the following web addresses :-
whereismybus.co.uk
"The Service" means the messaging service provided to Registered Users.
"Subscriber" means either an individual, usually a parent, who registers for The Service by subscribing directly, or, an organisation, usually a school or PTA, that subscribes on behalf of a group of individuals.
"Registered User" means an individual who has been registered for the use of The Service by a Subscriber.
2 CONDITIONS
2.1 These Terms and Conditions constitute the entire agreement between Paxton and the Subscriber regarding the provision of The Service.
2.2 Any complaints by the Subscriber should be addressed to Paxton's address stated in Section 1.
2.3 The Service is currently only available to Subscribers within the United Kingdom.
3 PROVISIONS OF THE SERVICE
3.1 Paxton makes available to Registered Users a real time messaging service conveying information relating to reported delays and cancellations to a particular school bus route.
3.2 The messaging service comprises the issue of SMS text alerts to the registered mobile telephone of the Registered User.
3.3 Messages will be limited to those concerning reported delays or cancellations relating to the specific school bus route(s) for which the Registered User has enrolled.
3.4 Paxton and its employees will not be liable for any loss, damage or inconvenience as a consequence of any message not being either issued or received or the content of any such message.
4 AVAILABILITY OF THE SERVICE
Paxton does not guarantee full, uninterrupted or error free operation of The Website or The Service. Paxton and its employees will not be liable for any loss, damage or inconvenience as a consequence of any such interruption or error.
5 INDIVIDUAL SUBSCRIBERS
5.1 An individual can register for the use of the Service for a single school bus route for a single mobile telephone number via an annual subscription. The subject school bus route and mobile telephone number are declared when signing up for the subscription. Subscriptions are registered either by logging onto The Website and following the 'Sign up' instructions or by downloading a paper Direct Debit Instruction from The Website.
5.2 Payment of subscriptions will be by means of an automatic, annual, direct debit or by such other means as defined on The Website.
5.3 If the Subscriber wishes to amend the declared bus route or mobile telephone number then facilities are available on The Website to effect such amendments without the need to contact Paxton.
5.4 It is the responsibility of The Subscriber to contact Paxton to advise the details of any changes to the bank account used for payment of the subscriptions. Failure to provide such advice may result in a default in payment the procedure for which is covered in 5.5.
5.5 If The Subscriber defaults on subscription payment, then Paxton will alert The Subscriber of the default by text message to the mobile telephone number declared for the delivery of The Service. If The Subscriber has not confirmed their remedy of the default within 14 days of Paxton's issue of the text message alert, then Paxton will immediately terminate The Service to The Subscriber.
5.6 Any changes to the subscription charges will be notified by Paxton to The Subscriber at least one month in advance of the annual subscription renewal date.
6 GROUP SUBSCRIBERS
6.1 An organisation, usually a school or PTA, can subscribe on behalf of a group of individuals. Each individual then becomes a Registered User of the Service for a single school bus route for a single mobile telephone number. The organisation will submit to Paxton a list of the mobile phone numbers for each bus route.
6.2 Paxton will forward a VAT invoice to the organisation for the group subscription charge on a monthly basis. The value of the invoice will depend upon the number of Registered Users within that month and the charge per user as agreed between the organisation and Paxton. Payment by the organisation will be by means of an automatic, monthly, direct debit or by such other means as agreed between the organisation and Paxton.
6.3 It is the responsibility of the organisation to advise Paxton of any changes to the submitted list of mobile phone numbers for each bus route.
6.4 It is the responsibility of the organisation to contact Paxton to advise the details of any changes to the bank account used for payment of Paxton's invoices. Failure to provide such advice may result in a default in payment the procedure for which is covered in 6.5.
6.5 If the organisation defaults on payment, then Paxton will advise the organisation of the default. If the organisation has not confirmed its remedy of the default within 14 days. then Paxton will immediately terminate The Service to all Registered Users.
7 TERMINATION AND CANCELLATIONS
7.1 1 It is the responsibility of The Subscriber to terminate or cancel the subscription if no longer required by informing Paxton by telephone or post as per the contacts published on The Website. Paxton will then arrange for the subscription to be terminated with immediate effect. The Service provided under that subscription will also be terminated with immediate effect.
7.2 For individual subscribers, a six months notice period to terminate the existing annual subscription will apply. This does not affect the right to cancel with immediate effect during the advance notice period for the annual subscription renewal. .If the annual direct debit instruction for the subscription has already been submitted for payment, then that payment will be taken.
7.3 For group subscribers, there is no refund entitlement for any subscriptions already paid.
8 USE
8.1 The Website or any part thereof may not be copied, distributed or re-sold without the strict written consent of Paxton.
8.2 The Website has been specifically designed for use within the United Kingdom.
9 PAXTON'S RIGHTS
9.1 Paxton reserves the right to update the published subscription charges on The Website, which cannot be guaranteed for any period of time. (Individual subscribers refer to 5.6)
9.2 Paxton reserves the right to withdraw or discontinue to offer The Service to The Subscriber by terminating their subscription at any time and shall not be liable to anyone as a consequence. Paxton will notify The Subscriber of any such termination by issuing a text message to the mobile telephone number declared for the delivery of The Service
10 LIMITATION OF LIABILITY
10.1 Under no circumstances shall Paxton be liable for any indirect, incidental or consequential loss or damage whatever as a result of the use of The Website or The Service.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of Paxton for death or personal injury resulting from the negligence of Paxton or its employees.
11 WAIVER
No waiver by Paxton whether express or implied in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
Paxton shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Paxton shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
Paxton shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by The Subscriber upon registering a subscription.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
