Star Car Hire Company Logo

PLATFORM USE AGREEMENT

WHAT IS THIS DOCUMENT? this document (which we call a Platform Use Agreement) explains the basis upon which we provide our vehicle booking platform (Platform) to you, and the extent to which you and we have responsibilities and obligations relating to any booking you may make. Please read these terms carefully, because they explain the commitments we give to our users, and what we don’t do.

WHO ARE WE? We are Star Car Hire Limited, a company registered in Northern Ireland (Company Number NI057689) and whose registered office is at 6 Doagh Road, Ballyclare, County Antrim, BT39 9BG (Star Car Hire).

BY CLICKING “ACCEPT”, AND/OR BY USING THE PLATFORM YOU ARE CONFIRMING TO US THAT YOU AGREE TO AND ACCEPT THE TERMS OF THIS PLATFORM USE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS PLATFORM USE AGREEMENT, DO NOT USE THE PLATFORM AND DO NOT CLICK “ACCEPT”.

 AGREED TERMS

1.               DEFINITIONS AND INTERPRETATION

1.1.           We use some particular terms in this Platform Use Agreement. This section explains what the terms mean:

Booking means a booking made by you using the Platform to hire a Vehicle from the Vehicle Owner.

Booking Details means the particular booking details agreed by you on the Platform when the Booking is made including the type of event, the Payment Date, the Vehicle Owner, details of the Vehicle, the Vehicle Hire Date, location, collection and delivery times and duration requirements, insurance obligations and any other particular requirements or specifications relating to the Booking and subject to any changes expressly agreed between you and the Vehicle Owner in advance and in writing with written notice to Star Car Hire.

Booking Fee means the price payable by you to Star Car Hire to reserve a Booking.

Content means the images, recordings, sound files, documents data, content and/or information which we provide to you from time to time via the Platform.

Controller has the meaning given to it in the Data Protection Legislation.

Data Subject means any individual who can be identified from the User Personal Data.

Data Protection Legislation means the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the Data Protection Regulations),  the General Data Protection Regulation (EU) 2016/679 (as applicable), the UK GDPR (as defined in the Data Protection Regulations) and any other applicable laws relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or a relevant central government body in relation to such laws.

Hire Price means the price payable by you to hire a Vehicle under the terms of the Vehicle Hire Agreement.

Intellectual Property Rights means intellectual property rights, including patents, rights to inventions, copyright and related rights, trade-marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, design rights, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

parties means us and you, and each one a party.

Payment Date means the date when payment is due for the Hire Price (which shall be confirmed as part of the Booking Details).

Personal Data shall have the meaning given to it in the Data Protection Legislation.

Relief Event means any acts, events, omissions or accidents beyond Star Car Hire’s reasonable control (including but not limited to royal demise, national mourning, fire, epidemic, war, strikes, lockout or by reason of order of any licensing or public authority), and/or any  breach by the Vehicle Owner of any obligation of this Agreement.

User Personal Data has the meaning given in clause 9.1.

Vehicle means the vehicle or prop featured on the Platform from time to time and selected by you for a Booking. For the avoidance of doubt, unless otherwise stated on the Platform, any references to ‘TV and Movie’ Vehicles are replica or similar models to the original vehicles used in the relative television shows or films.

Vehicle Hire Agreement means the agreement between you and the Vehicle Owner comprised of the following terms: [LINK TO VEHICLE HIRE AGREEMENT] (or such other terms as made available to you when you are making the Booking) and the Booking Details.

Vehicle Hire Date means the first day on which the Vehicle hire commences in accordance with your Booking.

Vehicle Owner means the individual identified in the Booking Details when the Booking is made as the person making the Vehicle available for hire on this Platform.

2.               OUR SERVICES

2.1.          Our services are limited to the provision of the Platform to reserve a Booking. The booking process is governed by the terms set out in this Platform Use Agreement. By making a Booking you are agreeing to comply with and be bound by the terms set out in this Platform Use Agreement.

2.2.          The Vehicle Owner is responsible for providing the Vehicle hire services in accordance with the Vehicle Hire Agreement. By making a Booking you agree to comply with and be bound by the terms set out in the Vehicle Hire Agreement. A copy of the Vehicle Hire Agreement will be made available to you when you are making your Booking.

2.3.          From time to time, where it has been agreed between us and the Vehicle Owner, we may collect on behalf of the Vehicle Owner, the Hire Price payable in accordance with the Vehicle Hire Agreement. We will let you know if this applies to you when you are making your Booking. Otherwise, the Hire Price must be paid directly to the Vehicle Owner.

3.               BOOKING FEE, PAYMENTS AND CANCELLATION RIGHTS

Booking Fee

3.1.           We charge you a Booking Fee for each Booking you make on the Platform. The amount of the Booking Fee may be different for each Booking. We will let you know how much the Booking Fee is before you make the Booking. We will send you an email confirming the Booking once it has been accepted by the Vehicle Owner and we have received the Booking Fee from you. For the avoidance of doubt, neither we nor the Vehicle Owner have any obligation to accept a Booking and each may at their sole discretion and without the need to give any reasons refuse to confirm a Booking (provided that any Booking Fee received by us from you would be repaid in full in such a case).

3.2.           The Booking Fee is separate from the Hire Price. The Hire Price is the price payable for the hire of the Vehicle in accordance with your Booking. Payment of the Hire Price and any rights of refund which you may have are governed by and set out in the Vehicle Owner Agreement.

Payments

3.3.           By making any payments to us:

3.3.1.       you warrant and represent at the time of making the payment that you are over 18 years of age and that you have full authority to make the payment in question; and

3.3.2.       you agree to be bound by and comply with the terms of such third party payment processor as may be used by us from time to time (which terms will be made available to you when you make your payment).

3.4.           You agree to make all payments to us promptly upon request when due.

Cancellation Rights

3.5.           The Booking Fee is not refundable if you cancel the Booking.

3.6.           If the Vehicle Owner cancels your Booking at any time prior to the Vehicle Hire Date (other than owing to a breach by you of the Vehicle Hire Agreement), we will refund to you in full the Booking Fee you paid to us (your rights of refund in respect of the Hire Price shall be as set out in the Vehicle Hire Agreement).

3.7.           Unless expressly agreed in advance and in writing with the Vehicle Owner and with notice to us, any attempt to change any Booking Details after a Booking has been confirmed or any failure to pay the Hire Price on or by the Payment Date (if it has been agreed that the Hire Price will be due and owing prior to the provision of the Vehicle hire services) will be treated as a cancellation of the Booking by you and the provisions of clause 3.5 shall apply.

4.               CONTENT

4.1.          You warrant that any registration, payment or other information provided to us as part of your use of the Platform and/or Content (any such information, Customer Content) will always be accurate, correct and up to date. If any Customer Content is provided which is or seems reasonably likely to be untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse you any and all current or future use of the Platform and/or Content.

4.2.          By submitting or uploading any Customer Content on to the Platform:

4.2.1.       you authorise us to use the Customer Content for the purpose of the provision of our services and this agreement (which may include sharing the Customer Content with the applicable Vehicle Owner) and as otherwise required for our business purposes in accordance with our privacy policy; and

4.2.2.       you warrant and represent to us that:

(a)       you have all right, consents and authority to submit the Customer Content and authorise our use in accordance with clause 4.2.1 above; and

(b)       the information submitted is true, up to date and accurate.

5.               PLATFORM USE

5.1.           We grant you, for the duration and on the terms of this Platform Use Agreement, a non-exclusive, non-transferable, non-assignable and non-sublicenseable licence to use the Platform solely for the purposes of making a reservation to book a Vehicle from a Vehicle Owner. Any other use of the Platform is not permitted.

5.2.           In consideration of the grant by us to you of the licence detailed in clause 5.1 you undertake that you will:

5.2.1.       not duplicate, maintain, translate, reverse-engineer, decompile, disassemble, adapt, modify or distribute any portion of or create any derivative work based on the Platform and/or Content (except as expressly permitted by applicable law), nor remove any proprietary notices from the Platform and/or Content;

5.2.2.       not in any circumstances use, nor allow anyone else to use, any automated software, process, programme, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software in respect of the Platform or any Content;

5.2.3.       not use the Platform and/or Content to provide any competing services to third parties (including without limitation in the operation of a service bureau), nor attempt to obtain, or assist others in obtaining, unauthorised access to the Platform and/or Content;

5.2.4.       not take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to host the Content, nor bypass any measures we may use to prevent or restrict access to the Platform, and not engage in any activity that interferes with or disrupts the Platform, or the servers and networks which are connected to the Platform;

5.2.5.       abide by all local and international laws and regulations applicable to your use of the Platform and/or Content, including without limitation all laws regarding the transmission of data (whether technical, personal or otherwise) exported from the United Kingdom through the Platform and/or Content.

5.3.           We may suspend the provision of the Platform and/or Content without telling you and without liability without prior warning where we deem it reasonably necessary to do so (including if we believe you are or are reasonably likely to be in breach of this Platform Use Agreement, or if there is an attack on servers or other event for which we reasonably believe that the suspension of the Platform and/or Content is necessary to protect you, us, any user or the network; or if required by law or regulation, or as compelled by a law enforcement or government agency).

5.4.           You agree that we may collect and use for our own business purposes aggregate usage data relating to how you access and use the Platform, provided that any such data does not include Personal Data. You acknowledge that we shall be entitled to modify the features and functionality of the Platform. Your use of new features or functionality may be contingent on your agreement to additional terms applicable to the new feature or functionality.

 

6.               INTELLECTUAL PROPERTY RIGHTS

6.1.           Nothing in this Platform Use Agreement shall confer on you any right, title or interest in Content and/or the Platform other than the rights of use set out herein. All present and future rights in and title to the Content and the Platform, including the right to grant access to it via any present or future technology, are solely and exclusively reserved to us or our licensors. The Platform has been developed by us through substantial amounts of work, time and expense, including in the obtaining and presentation of content and information.

7.               LIMITATION OF LIABILITY

7.1.           Notwithstanding any other provision of this Platform Use Agreement, neither party shall exclude or limit its liability to the other party for: (a) death or personal injury caused by its negligence; or (b) fraud, including fraudulent misrepresentation; or (c) any liability to the extent that the same cannot be excluded or limited by law.

7.2.           All warranties, terms and conditions, whether oral or written, express or implied by statute, common law or otherwise, including but not limited to any warranties, terms and conditions of fitness for purpose, description or quality, and in particular including in relation to any Vehicle and/or Vehicle Owner and/or Vehicle hire services, are to the fullest extent permitted by law hereby excluded. No content or information, whether oral or written, obtained by you from us or from any Vehicle Owner shall create any warranty unless it is expressly stated in this Platform Use Agreement. All liability for breach of any such warranty, term or condition is excluded by us to the fullest extent permitted by law.

 

7.3.           You acknowledge and agree that:

7.3.1.       if you are a consumer, we only provide our Platform for private use. You agree not to use our Platform for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;

7.3.2.       use of the Platform is at your own risk and that we cannot accept under the terms of this Platform Use Agreement any responsibility for the acts and/or omissions of any third parties, including Vehicle Owners or their drivers;

7.3.3.       to the maximum extent permitted by law we have no responsibility, liability and/or obligation under this Platform Use Agreement to you or any party in relation to the hire, use, condition and/or availability of any Vehicle, and/or in relation to the performance of any Vehicle Hire Agreement. While we may be a Vehicle Owner, if you hire a Vehicle that belongs to us, any and all obligations owed by us to you in such a capacity (and any and all liability of us relating to those obligations) will be owed under and governed by the terms of the relevant Vehicle Hire Agreement, and fall outside the scope of this Platform Use Agreement. This Platform Use Agreement relates solely to your use of the Platform;

7.3.4.        the Platform is offered “as is” and “as available”. We do not warrant that it will be compatible with your systems. We are not liable if you do not have the capability to access or use all of any parts of the Platform and/or the Content, or if the Platform and/or the Content provides inaccurate information; and

7.3.5.       we have no liability to you for any use, misuse or loss of information and/or content by third parties, and/or any act or omission of any user or any third party provider, and/or for any element of the Platform, the Content and any associated technologies to the extent provided by a third party.

7.4.           You agree that we shall not be liable to you for: (a) indirect, special, incidental or consequential loss or damage which may arise in respect of the Platform  and/or the Content and/or their use or non-availability; (b) loss of profit, opportunity, business revenue, goodwill and anticipated savings; (c) the deletion of, corruption of, or failure to store, any content of the Platform (including Content) and other communications data maintained or transmitted by or through your use of the Platform; and/or (d) any breach, delay or default in the performance of our obligations to the extent the same (or the circumstances giving rise to the same) arises or was contributed to by any Relief Event.

7.5.           You undertake at all times to mitigate any damage or loss arising or which might arise under or in connection with this agreement or your use of the Platform. In any event our liability to you in connection with any Booking shall not exceed an amount equal to the Booking Fee paid by you to us. You agree that the limitation of liability in this clause (which is at all times subject to the provisions of clause 7.1) is reasonable.

7.6.           If any limitation and/or exclusion in this clause 7 is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set forth shall remain in full force and effect.

8.               TERMINATION

8.1.           This Platform Use Agreement will last for the duration of your use of the Platform and/or Content. However, we may terminate your use, and the Platform Use Agreement, at any point for any reason and without notice (provided that, where it is reasonably practicable to do so and where the cause of our termination is your breach of this Platform Use Agreement, we may allow you five working days from our written notification to remedy such breach).

8.2.           Upon the expiry or termination of this Platform Use Agreement the licence granted at clause 5.1 terminates and the Content and the Platform shall no longer be accessible by you. The provisions of clauses 4, 5.2, 5.4, 6.1, and 7 to 10 (inclusive) shall survive termination of this Platform Use Agreement.

8.3.           Termination of this Platform Use Agreement will not affect your or our rights and remedies that have accrued as at termination.

9.               DATA PROTECTION

9.1.           The Personal Data which we collect about you and your use of the Platform (User Personal Data) is detailed in our privacy notice accessible on our Platform.  For the purposes of the Data Protection Legislation, we will be acting as Controller in respect of our use of your User Personal Data, and will only use such data in accordance with our privacy notice. Both you and we agree to comply with our obligations under the Data Protection Legislation in respect of any User Personal Data.

9.2.           By transferring the User Personal Data to us, you are representing and warranting to us that you have the lawful authority both (a) so to transfer and (b) for us to process such data in connection with the provision of the Platform and in accordance with our rights as set out in this Platform Use Agreement.

9.3.           We may transfer Personal Data relating to a Vehicle Owner to you in order to facilitate a Booking. You agree only to use any such Personal Data solely for the purposes of the Booking and to comply with your obligations under Data Protection Legislation at all times in respect of your use of any such Personal Data.

10.             GENERAL

10.1.        You may not assign, sub-license, sub-contract, mortgage or otherwise transfer any of your rights or obligations under this Platform Use Agreement without our prior written consent. We may assign, sub-license and transfer any of our rights and obligations.

10.2.        No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

10.3.        This Platform Use Agreement constitutes the entire agreement and understanding between the parties as to the subject matter hereof and supersedes all previous between the parties agreements relating to the subject matter hereof. Each party agrees that in entering into this Platform Use Agreement it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Platform Use Agreement or not) other than as expressly set out in this Platform Use Agreement. Nothing in this clause shall exclude or limit any liability for fraud.

10.4.        A person who is not a party to this Platform Use Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

10.5.        If any term, part or provision of this Platform Use Agreement is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable as being contrary to applicable law or public policy, such provision shall to the extent reasonably possible be construed in a manner so as to be enforceable and the remaining provisions hereof shall remain in full force and effect and in no way be affected, impaired or invalidated.

10.6.        Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between you and us, or as constituting either you or us as the agent of the other party for any purpose whatsoever.

10.7.        In this Platform Use Agreement, unless expressly provided to the contrary, any references to clauses are references of the clauses of this Platform Use Agreement; words in the singular include the plural and in the plural include the singular; a reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it; and references to including and include(s) shall be deemed to mean respectively, including without limitation and include(s) without limitation.

10.8.        This Platform Use Agreement shall be governed by and construed in accordance with the laws of Northern Ireland and both parties submit to the exclusive jurisdiction of the Northern Irish courts.