My Green Trip Pty Ltd

(Registration number 14272013)

TRANSPORTER TERMS AND CONDITIONS

These terms and conditions apply to the use of the services on the my green trip Platform. All the terms contained in this document are important.

1. What do these terms and conditions regulate?

1.1 MY GREEN TRIP LIMITED (hereinafter referred to as “MGT”, “we”, “our” or “us”) provides and online platform called “my green trip” to provide logistics and supply services to the registered member (hereinafter referred to as “Member”, “Customer” or “Client”), by actively engaging with approved service providers (hereinafter referred to as “you” or “transporters”) to facilitate logistics and supply needs the (“Services”). The Services is accessible on the Platform (the “Platform”) Monday to Friday between 08:00 am to 16:30pm except for recognized UK bank holidays, provided that MGT shall remain entitled to cease provision of the Service or access to the Platform in accordance with clause 14 below. Any reference to “MGT”, “we”, “our” or “us” includes our employees, officers, directors, representatives and agents.

1.2 These terms and conditions (the “Terms”) apply to any person who uses the Services and the Platform, or who accesses, refers to and/or views or lists information on the Platform (“Content”) for whatever purpose (hereinafter referred to as (“users” or “you” or “your”)

1.3 The Platform is operated by MY GREEN TRIP Ltd (“MGT”). MGT is registered in England and Wales under company number 14272013 and with its registered office at 107 Kensington Drive, Great Holm, Milton Keynes, MK8 9BP

1.4 Members can contact MY GREEN TRIP by writing to:

MY GREEN TRIP LTD

107 Kensington Drive,

Great Holm,

Milton Keynes,

MK8 9BP

Or by email on: info@mygreentrip.co.uk

2. Changes to these Terms

2.1 These Terms, including our Privacy Policy may be updated or amended by us at any time in our sole discretion. Changes to these Terms and Privacy Policy shall be effective from the date on which they are uploaded onto the Platform. We will notify you of any changes through a pop-up notice when you access the Service and/or the Platform. If you do not agree with any such changes, you must not continue to use the Service, Platform or the Content. Should you continue to use the Service, Platform and/or Content you will be deemed to have accepted the updated Terms and Privacy Policy

3. Who may use the Service

3.1 In order to access the Platform and/or Service, you will be required to create an online account (“Account”).

3.2 We may refuse to let you register or use the Service in our sole discretion, and we are not obligated to provide you with any reasons for such refusal. We may do this even if you complete the registration process and agree to these Terms.

3.3 You must be at least 18 years of age to register for the service.

3.4 You have not had a previous registration on the Platform suspended or terminated for any reason

3.5 If you are requesting to become a transporter on behalf of a business entity, you warrant and represent that you have the authority to accept these Terms on behalf of such entity and that such entity is thereby bound by these Terms.

4. Your Account details

4.1 You take on risk, legal; responsibilities and liability in this clause. We also limit or exclude our risk, legal responsibility or liability to you. You will not be able to take action against us for any losses or damages which you may suffer as a result of not updating your details or as a result of an unauthorized person accessing your account and using the Service in your name. It is your responsibility to update your details if they change. If you fail to do so, we will continue to use and rely on the most recent details which you have provided to us. We will not be responsible or liable for any damages of whatsoever nature if you do not update your details or if we do something using incorrect details which you have provided to us. It is your responsibility to keep your password, user credentials or payment details secure so that no unauthorized person is able to use these details to access your account or to use the Service. Everything done with your password, account and/or credentials will be treated as if it was done by you and we will hold you responsible for all such actions.

4.2 In order to be accepted as a transporter, you must be validated by MGT and will be required to provide certain documents as notified by MGT, which may include some or all of the following:

a) copies of insurance details including but not limited to all vehicle insurance policies, goods in transit policies, public liability and employer’s liability policies, professional indemnity policies, and such other policies as MGT may from time to time request; and

b) a copy of all relevant driving licenses including but not limited to driving licenses, operating licences and ISO9001 registrations.

4.3 To remain a transporter, the transporter must keep all documents provided to MGT hereunder up to date and valid.

4.4 All information you give us must be truthful, accurate and complete. This includes the information you provide in the vetting process, the registration process and at any time after that.

4.5 You must tell us if the information you give us changes, as soon as reasonably possible after such a change, or if any such details are or become incorrect or incomplete. If you do not update us, we will continue to use and rely on the most recent details which you have provided to us.

4.6 After you complete the registration process, we will create your Account. You will need to use your username and password or such other user credentials as we may permit from time to time, in order to access your Account and to use the Service.

4.7 You are responsible for the use of your Account and password by other users. Whenever any person uses the Service or performs any other act with your password, through your Account or through the use of your user credentials, we will treat such use as if it was performed by you and with your approval.

4.8 You must take all reasonable and appropriate measures not to share, display in public, or make your password, user credentials, payment details or payment information available to any person who is not authorized to have and/or use them.

4.9 In the event that you are a representative acting on behalf of a legal entity, you warrant that all authority documentation is in place and has been duly executed. MGT reserves the rights to request confirmation of authority in such form as is acceptable to MGT before you may register your Account. Should the relevant authorization not be in place, you indemnify MGT and hold it harmless against any loss, damages, claim or legal expense as may arise there from.

4.10 You must notify us immediately by sending an email to info@mygreentrip.co.uk if you suspect or become aware that another person has obtained unauthorized access to your Account, password, user credentials, payment information or payment details.

4.11 To the extent legally permitted, we will not be liable for any loss or damage you may suffer if any other person uses your password, user credentials, payment information or payment details without your approval or consent.

4.12 MGT may monitor the transporter’s use of the Platform from time to time. The transporter hereby consents to MGT monitoring their use of the Platform.

5 Your behavior when using the Website and the Services

5.1 This clause results in you taking on risk, legal responsibilities and liability. In certain instances, MGT or other persons or entities may have claims for damages caused by you, for example, when you infringe the intellectual property rights of others, perform a prohibited act or any other unlawful act or failure to act.

5.2 Subject to the further provisions of these Terms, the Platform and the Content may only be used by you for lawful purposes. You may not directly or indirectly, do any of the following things or allow anybody else to do so;

a) perform any action that violates any of these Terms, the Privacy Policy or any guidelines or policies posted by us;

b) in any way that breaches any applicable local, national or international law or regulation.

c) perform any action which is illegal, fraudulent or violates or infringes any Intellectual Property Rights listed in clause 7 below

d) use any technology or other means of access, index, frame or link to the Service (including the Content)

in a way that is not expressly authorized by us;

e) damage, disable, overburden, impair or gain unauthorized access to the Content, the Service, the

Platform, technology used by us or the persons or the Accounts of other users;

f) remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in

connection with the Service or the Platform (including the Content);

g) collect or process information in violation of our Privacy Policy;

h) encourage conduct that would constitute a criminal offence or give rise to civil liability in relation to

the use of the Service, Platform or Content;

i) interfere with any other person’s use and enjoyment of the Service or the Platform or otherwise

interfere with the functionality or the operation of any part of the Platform or Service;

j) attempt to discover or reverse engineer the source code or other materials or information forming

part of the technology use to provide the Service, Content or Platform;

k) receive or change money, favors or other consideration for allowing any other person to use or

access the Service, the Content or your Account;

l) use the Platform for “spoofing”, “hacking”, “cracking”, “phishing” or “spamming” or any other

activity designed or aimed at achieving purposes like or the same as the aforementioned acts;

m) attempt to intercept any information transmitted to or from us to the Platform which is not intended

by us to be received by you;

n) for the purpose of harming or attempting to harm minors in any way.

o) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

(each of the above being a “Prohibited Act”)

5.3 Any restrictions on the use of the Platform or the Content shall also apply to any of the Platform or the Content which may be cached when using the Platform or the Content.

5.4 Solicit or endeavour to entice away or discourage from dealing with MGT any person who is at any time a Client of MGT with a view to providing goods or services to that client in competition with the business of MGT;

5.5 solicit, interview, employ or engage or otherwise facilitate the employment or engagement of any of the staff of MGT who have been engaged in the provision of services to them under this agreement whether or not such person would be in breach of contract as a result of such employment or engagement; and

5.6 represent themselves as connected with MGT in any Capacity (other than as a client engaged under these Terms), or use any registered names or trading names associated with MGT.

6 Content

6.1 This clause results in you taking on risk, legal responsibilities, and liability. We limit our risk, legal responsibilities and liability to you and we limit or exclude your rights and remedies against us. You take on the responsibilities of ensuring that the content you access is suitable to meet your requirements. You will not be able to take action against us if the content does not meet these requirements. MGT is not responsible for keeping content up to date or for ensuring content is free from inaccuracies or inconstancies. You will not be able to take action against us if you suffer losses or damages as a result of out of date or inaccurate content.

6.2 It is your responsibility to satisfy yourself that the Content and the Service meets your requirements.

6.3 Unless otherwise expressly stated in the Terms, the Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any service or product.

6.4 We may, from time to time, update the Service, including the Platform and Content. We reserve the right to make change from time to time in how we offer, provide and operate the Service, Platform and Content.

6.5 In relation to new transactions, we will not be bound by any previously existing representation, terms, conditions or other information subsequently altered on the Platform not withstanding that those representations, terms or conditions may have been applicable to previous transactions or the use of the Service on a prior date. We accept no responsibility for keeping the information and Content on the Platform up to date nor do we accept any liability for any failure to do so.

6.6 The Content and information may contain technical inaccuracies, omissions and typography errors. We will not be liable for any harm which may arise from such inaccuracies, omissions and/or typographical errors in such Content and/or information.

6.7 We give no warranties, guarantees or representations, whether express or implied as to the completeness or accuracy of any information that may be contained on the Platform or any website to which it is linked.

7 Intellectual Property Rights

7.1 In these Terms, “Intellectual Rights” include all intellectual property rights of whatsoever nature and however embodied, including (without limitation) copyright, patent rights, invention rights, database rights, know-how, confidential information, trade secrets, trademarks, trade names, service marks, goodwill and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach infringement, or misappropriation of any such Intellectual Property Rights.

7.2 We reserve all rights, including all Intellectual Property Rights, not expressly granted herein to the Platform and the Content.

7.3 You may not use the Service or Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of our rights (including without limitation, our Intellectual Property Rights), or the rights of Intellectual Property Rights of our licensors or any third party, in relation to the Service, Platform and the Content. You may not reproduce, modify, copy, perform, transmit or commercially exploit the content in any manner.

7.4 You will not at any time, acquire any rights, title ownership or interest, including any Intellectual Property Rights, in or to the Service, Platform or the Content other than the limited, non-exclusive, non-transferable and revocable license to use the Service for permitted users, in accordance with these Terms.

8 Data protection and Privacy

8.1 We collect personal information from you which may include but not be limited to your name, address, mobile number, and banking details. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy. The Privacy Policy contains important information on how we use your information and relating to your rights and responsibilities. By accepting these Terms, you hereby consent to MGT processing and using your personal information in accordance with our Privacy Policy.

8.2 The transporter and MGT shall comply with the Data Protection Laws

8.3 For the purposes of this clause 8, ‘Data Protection Laws’ shall mean all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including but not limited to the EU General Data Protection Regulation 2016/679 and all other successor legislation and regulations thereto.

8.4 MGT will be the data controller (as the term is defined in the Data Protection Laws) of any personal data that any transporter shares directly with MGT as a user of the Platform and services. Where data is processed by MGT as a data controller, such processing is carried out in accordance with MGT’ Privacy Policy.

8.5 If the transporter uses the Platform and services for the purpose of acquiring Delivery Services from the client and send, receive or upload personal information, which MGT then stores it in its database, the transporter will be the data controller of such personal data, and MGT will be a data processor of such personal data and will:

a) act strictly in accordance with the transporters’s lawful and reasonable instructions (which may be received via their use of the Platform and/or services) unless applicable law requires otherwise, in which case MGT shall inform the transporter of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). MGT shall inform the transporter if it becomes aware of an instruction by the transporter that, in MGT’s opinion, infringes the Data Protection Laws

b) ensure that its personnel that are authorised to process the personal data in connection with the provision of the Platform and/or services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

c) implement appropriate technical and organisational security measures to protect the personal data in accordance with Data Protection Laws;

d) enable the transporter to access, rectify, erase, restrict and transmit any personal data processed by MGT on their behalf;

e) if a data subject requests information from MGT concerning the processing of personal data by a transporter, promptly forward the request to the transporter;

f) provide reasonable assistance to enable MGT to comply with the transporter’s obligations under Data Protection Law, including using appropriate technical and organisational measures to assist the transporter in responding to data subject access requests; and

g) make available to the Member all information necessary to demonstrate compliance with the obligations set out in this clause 8, and allow for and contribute to audits, including inspections, conducted by or on behalf of the Member or ensure that MGT and/or any sub-processor will conduct audits using external auditors at least once per year.

8.6 The transporter may delete or request in writing the deletion or return of all personal data that MGT process on their behalf on termination of the provision to the transporter of Platform and/or services or at any time following termination of the same. Where the transporter has not deleted the personal data prior to the termination of the provision to them of Platform and/or services, MGT shall provide the “Storage Service” free of charge for a period of at least 90 working days following the date of termination. Thereafter MGT may terminate the Storage Service at any time without notice, and in such event, MGT shall delete all personal data processed on their behalf unless otherwise required by applicable law. Notwithstanding the foregoing, where personal data that MGT processes on the transporter’s behalf forms part of the record of a transaction between the transporter and another Member, such other transporter, may be a joint data controller of such personal data and MGT may be required to retain such data on behalf of the other Member. In such event, the transporter may receive a copy of the personal data, but it shall not be deleted.

8.7 The transporter acknowledges and accepts that any data subject to which the personal data relates may have the right to request the deletion of their personal data or information at any time and may request that MGT permanently delete all information and data held about that data subject from MGT’s systems. In the event that a data subject exercises its rights in this clause 8, MGT shall notify the transporter and they shall promptly and permanently delete all personal data held about that data subject from MGT’s systems. In the event that the transporter has not done so within a reasonable time, and has not notified MGT in writing of any requirement for MGT to retain the personal data, MGT reserves the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by the transporter arising from such data subject exercising their rights.

8.8 The transporter shall ensure that their collection and use of any personal data, accessed through the Platform and services, complies with the Data Protection Laws. The transporter hereby indemnifies MGT against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the transporter’s failure to comply with this clause.

8.9 The transporter hereby gives MGT a general consent to engage sub-processors to process the personal data. MGT shall make details of its sub-processors available to the transporter on request. Where MGT intends to add a new sub-processor, MGT shall make details of such new sub-processor available on the Platform at least 7 days (“Sub-processor Notice Period”) before transferring any personal data to a new sub-processor. The transporter shall notify MGT during the Sub-processor Notice Period if they object to the new sub-processor. If the transporter does not object to the sub-processor during the Sub-processor Notice Period, the transporter shall be deemed to have accepted the sub-processor. If the ttransporter has raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within the Sub-Processor Notice Period time, the transporter shall have the right to terminate their use of the Platform and these Terms. During the Sub-Processor Notice Period, MGT shall not transfer any personal data to the sub-processor.

8.10 MGT shall enter into appropriate written agreements with all of its sub-processors on terms that include all the required obligations on data processors, as set out in the GDPR, including without limitation the transporter’s right to conduct audits at the sub-processor, or ensure that the sub-processor will conduct audits using external auditors at least once per year. MGT shall remain fully liable to the transporter for the performance or non-performance of the sub-processor’s obligations.

8.11 The transporter hereby acknowledges and agrees that personal data may be passed between MGT and the payment processor. It is the transporter’s express instruction that MGT so provide such personal data to the payment processor.

8.12 Where MGT receives personal data from one or more payment processors in respect of which MGT reasonably believes that the transporter is the data controller, the transporter hereby instructs MGT to process such personal data on their behalf.

8.13 MGT collects and processes such categories of personal data as are described in its Privacy Policy, and corporate data. Such personal and corporate data may include geo-location data derived from different sources including, but not limited to other data entered by transporter’s (collectively “the Data”).

8.14 The transporter acknowledges and agrees that, to the extent that the Data is owned by the transporter, MGT may transmit, collect, maintain, process, and use the Data to provide the services described in the Platform. Further, the transporter acknowledges and agrees that MGT may use the Data, strictly in anonymised and aggregated form, for the purpose of improving the services that MGT offers, for analysis of routes and journeys and for the creation of reports. MGT may share any such anonymised and aggregated Data with third parties. The transporter may opt-out of this by writing to MGT at the address set out in clause 1. If the transporter opts out, then MGT will not be able to provide the transporter with any services or products that rely on aggregated and anonymised data sharing within the Platform.

9 CONFIDENTIALITY

9.1 If the transporter chooses, or is provided with a user identification code, password or any other piece of information as part of MGT’s security procedures, the transporter must treat such information as confidential, and they must not disclose it to any third party. MGT has the right to disable any user identification code or password, whether chosen by the transporter or allocated by MGT, at any time, if in MGT’s opinion the transporter has failed to comply with any of the provisions of these Terms. The transporter agrees that they shall not use identification codes or passwords of another person or entity without MGT’s permission.

10 NOTICES and COMMUNICATION

10.1 Any notices sent to us under these Terms, including legal notices, must be delivered to us by hand or registered post at the My Green Trip offices at

MY GREEN TRIP LTD

107 Kensington Drive,

Great Holm,

Milton Keynes,

MK8 9BP

or by email at info@mygreentrip.co.uk

10.2 Any notices we send to you under these Terms, including legal notices, will be delivered to the address you provided upon registration or any other addresses which you have given us proper notice about or to your email address if you indicated that as your preference on your registration. However, any notices that we may send in other ways which are received by you will qualify as adequate notice.

10.3 We do have the right to send you notices and communications about certain issues by SMS, email or direct message or when you log onto the Account or onto the Platform. These issues include:

a) changes or updates to your details;

b) inactivity of your Account;

c) notices that you are in breach of these Terms;

d) notices of suspension or termination of, or that we intend to suspend or terminate this agreement or Services or your use of the Service (or any part thereof);

e) notices that we have changed any part of the Terms; and f) notices about billing or payment information (without limitation) non-payment.

10.4 You may not unsubscribe to receive notices from us regarding the above information

11 SEVERABILITY

11.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12 ENTIRE AGREEMENT

12.1 These Terms and any document expressly referred to in them constitute the whole terms between the transporter and MGT and supersede any previous arrangement, understanding or terms between the transporter and MGT relating to the subject matter of these Terms. Each party acknowledges that, in entering into these Terms, (and the documents referred to in it), neither of them has relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.

12.2 Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

13 VARIATION OF THESE TERMS

13.1 MGT may amend these Terms at any time on the provision of notice in writing or via publication of the updated Terms on the Platform. The transporter’s continued use of the Platform (whether wholly or partly) shall be deemed as their acceptance of such change(s) in respect of the updated or revised Terms. If the transporter does not agree with the changes to these Terms, they may terminate their agreement with MGT by notice in writing or by email.

14 FORCE MAJEURE

14.1 MGT shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the following:

a) Acts of God, flood, earthquake, windstorm or other natural disaster;

b) epidemic or pandemic;

c) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

d) terrorist attack, civil war, civil commotion or riots;

e) nuclear, chemical or biological contamination or sonic boom;

f) any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;

g) fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or adverse weather conditions;

h) interruption or failure of utility service, including but not limited to electric power, gas or water;

i) any labour dispute, including but not limited to strikes, industrial action or lockouts;

j) non-performance by suppliers or; and

k) collapse of building structures, failure of plant machinery, machinery, computers or vehicles.

15 LAW AND JURISDICTION

15.1 These Terms 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) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

16 Submission of quotation

16.1 Once a request has been posted or uploaded, MGT will inform the you via mail that a request awaits a quotation and you shall quote your best rate for the Services, you will have 120 (One Hundred and Twenty) business minutes to submit a quotation for the provision of the required logistics services. Quotation submission

a) may be placed by you via your account and

16.2 If your quotation is accepted by the client during the Offer Period, we will inform the you via email that the quote has been successful and you may prepare to render the service.

16.3 If the relevant quotations are not accepted by the client or if the Offer Period lapses without the client accepting the relevant quotation, the offer reflected in the quotation will lapse and the client must repost or upload their request from again, where after the process referred to above will be initiated again.

16.4 Should the client wish to amend any details in the request of any nature, including but not by no means

limited to the weight of the load or the destination address, MGT reserves its rights to withdraw the initial quotes submitted and request you to re-issue your quotation to take account the additional changes which are made by the client as a result of such amendment in its sole and absolute discretion.

17 Payment to the transporter

17.1 You will invoice MGT directly upon submission of clean and signed Delivery Note/POD.

17.2 Your invoice must state the payment date according to our agreed payment terms

17.3 We will pay the full invoice value by electronic transfer into the bank account nominated by you by no later than the payment date stipulated on the invoice.

17.4 You are solely responsible for all transactions and payments made using the Platform or Services. You will have no claim against us in respect of any loss or damage you may suffer as a result of these transactions or payments, including transactions conducted using third party vendors.

18 Nature of goods transported

18.1 The client warrant’s that all goods to be handled and transported are fit to be handled and/or transported and are not dangerous or flammable and do not require any particular license or consent to be transported by the you. The client further warrants that they are the owner of the goods or are lawfully authorized to arrange for the transportation of the goods with us and that they will not under any circumstances request or allow any goods to be handled or transported which are stolen or otherwise not legally in their possession or which you are not lawfully entitled to transport or be in possession of. The client will be liable for any loss or damage or harm caused to any person, including MGT and any Transporter arising from the handling or transporting of the goods, and you hereby indemnify us against any claims arising in connection therewith.

19 Insurance of goods

19.1 You will provided proof that you have sufficient and adequate insurance cover in place for the goods to be transported. We also recommend that the client obtain appropriate insurance against the risks that you carry under this agreement, particularly in view of the exclusion and limitation of our liability under clauses 15 and 16 below

20 Standing time

20.1 In the event that the client and/or their representatives are not available and able to

a) load the goods onto the transporters vehicle at the appointed time, or

b) offload the goods at the appointed time, the Transporter shall be required to wait at least 1 (One) hour after the appointed time, where after the Transporter shall be entitled to leave and/or we shall be entitled to charge a penalty fee to you for such standing time in our sole and absolute discretion

21 Ending this agreement

21.1 We reserve the right at any time and for any reason to terminate unilaterally our agreement with you, or the operation or availability of the Service, or your right to use the Service or any part thereof. If we do this, we will insofar as is reasonably possible and so long as it is permitted in law, taking into account the circumstances of the termination, fulfill all Services which have already been scheduled and/or are in the process of being attended to but no further Requests shall be capable of being submitted and/or attended to following such termination.

21.2 Notwithstanding anything to the contrary in these Terms, we shall be entitled to terminate this agreement and your use of the Platform and/or the Service immediately and unilaterally, without any right to performance of any Service whatsoever, at any time in one or more of the following circumstances:

a) where you breach a provision of the Terms, and fail to remedy the breach after we have you 5 calendar day’s notice (or such shorter period where this is reasonable);

b) where we have reasonable grounds to believe you are committing or have committed a Prohibited Act;

c) where we have reasonable grounds to believe you are engaged in illegal or improper use of the Service, Platform or the Content;

d) where we must do so to comply with the law or where a count or regulator tells us to do so;

e) if any provision of the Terms, or part of a provision, becomes unenforceable, illegal or invalid; or

f) where we are otherwise of the opinion that doing so would be in the best interests of MGT

21.3 When we end this agreement or your rights to use the Service, your rights to use the Content and Service will end on the date that we stop allowing you to use the Service

21.4 Many provisions of these Terms will continue after this agreement ends, including terms and conditions which by their nature must continue to apply. This is because certain rights and duties must survive even though the agreement between us has come to an end or you have stopped using the Service. Some of the provisions in these Terms which will continue, include (but are not limited to):

a) terms and conditions where our liabilities or responsibilities, are excluded or limited, including amounts which you can claim from us;

b) terms and conditions where the rights you have against us are limited or excluded;

c) terms and conditions which indemnify us, or you take responsibility for certain losses or damages that may happen;

d) the provisions of clause 7; and

e) any other terms and conditions in the Terms which are expressly stated to survive or continue after the end of this agreement or after the end of any part of this agreement.

We reserve the right at any time and for any reason to terminate unilaterally our agreement with you, or the operation or availability of the Service, or your right to use the Service or any part thereof. If we do this, we will insofar as is reasonably possible and so long as it is permitted in law, taking into account the circumstances of the termination, fulfill all Services which have already been scheduled and/or are in the process of being attended to but no further Requests shall be capable of being submitted and/or attended to following such termination

22. Indemnity

22.1 This clause results in you taking on risk, legal responsibility and liability. We limit or exclude our risk, legal responsibilities or liability to you and we limit and exclude your rights and remedies against us.

22.2 In certain circumstances MGT and others may face claims for damages, loss, whether direct, indirect or consequential, for injury caused by you. This includes for example, when you violate these terms, violate and third party right. You will have to defend and indemnify us and others against such claims and will have to pay all amounts which we and these others may have to pay as a result of these claims.

22.3 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, assigns, directors, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising directly or indirectly from:

a) your use of and access to the Services, Platform and Content;

b) your violation of any term of these Terms, including, without limitation, any breach of your representation and warranties;

c) your failure to procure adequate insurance cover;

d) any claim that the you may have against MGT as a result of the conduct of the Client;

f) your violation of any third party right or any infringement of any Intellectual Property Rights;

g) any other negligent act or omission or any willful misconduct on your part and/or

h) any claim that the Content caused damage to a third party

22.4 The defense and indemnification obligation will survive termination. Modification or expiration of these Terms and your use of these Terms and your use of the Services and the Website.

23 Disclaimer and exclusion of warranties and limitation of liability of MGT

23.1 This clause results in you taking on risk, legal responsibility and liability. We limit or exclude our risk, legal responsibilities or liability to you and we limit and exclude your rights and remedies against us.

23.2 You use the Website and the Service at your own risk. MGT is not responsible or liable for any loss, liability, or damages arising from your use of the Website or the Service. This includes, among other things, the circumstances listed in this section 16. You will not be able to take action against us if you suffer loss, liability or damages in circumstances including but not limited to those set out in this section 16.

23.3 We shall not be liable for any indirect incidental, special, exemplary, punitive or consequential claim, loss (including loss of profits), damage (to person or property) shortage or delay (“Harm”) which you may suffer, regardless of its cause, unless and except to the extent that such Harm is caused by a direct act or omission of MGT itself, which for the avoidance of doubt shall not include an act or omission on the party of any Transporter.

23.4 We make no representations or warranties, implied or otherwise, that amongst others, the Content and technology on the Platform are free from errors or omissions or that the Service will be completely uninterrupted and error free. The Platform is provided on an “as is”, “ as available” basis.

23.5 To the fullest extent permitted by applicable law, we disclaim all representations and warranties of any kind, expressed or implied, as to the operation, accessibility or security of the Website, and the accuracy, completeness, currency and reliability of any of the Content found on this Platform. We do not warrant that this Platform or the functions, features or Content on this Platform will always be available, accessible, uninterrupted, and secure to operate without errors.

23.6 We further do not warrant the suitability and availability of the Service and/or the quality, safety, suitability and ability of the Transporters.

23.7 MGT shall not be liable for any delay or failure of performance resulting from causes outside of MGT’s control.

24 Cession of claim against clients

24.1 In the event of any harm being suffered by the client as a result of your conduct for which a claim may lie against MGT, MGT may, in complete discharge of any liability and in its sole and absolute discretion, elect to cede its rights to proceed against the client to you.

24.2 The herby accept the cession of MGT’s claim in full and final discharge of MGT’s liability arising from any cause contemplated in these Terms.

24.3 It is, however understood that where the claim arises solely as a result of MGT’s conduct (insofar as MGT may be held liable therefor in terms of these Terms), and not the Transporter’s conduct, the aforesaid cession shall not be permitted.

25 General

25.1 The Terms and the relationship between us are governed by the laws of the United Kingdom. You hereby agree and consent in terms of the jurisdiction of the Magistrates’ Court for the purposes of any proceedings in terms of or incidental to the Terms, notwithstanding that the amount of the matter in dispute exceeds the Court’s jurisdiction. We in our sole discretion are entitled to, are entitled institute proceedings against you in the division of the High Court having jurisdiction in the matter and in the event that we elect to do so, then the costs of the proceedings shall be determined on the scale applicable to the High Court.

25.2 These Terms, and any rights granted hereunder, may not be transferred or assigned by you. We may, at any time transfer or assign any or all our rights and obligations under any agreement with you. We will notify you if we assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors which we may appoint.

25.3 These Terms shall apply for the benefit of and be binding upon each party’s successors and assigns.

25.4 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

25.5 If any of these Terms are unlawful, void or unenforceable for any reason then those Terms may be severed and shall not affect the validity and enforceability of the remaining Terms.

25.6 These Terms constitute the whole agreement between us relating to the use of the Content and the Service.

26 My Green Trip information and Contact details

MY GREEN TRIP LTD

107 Kensington Drive

Great Holm,

Milton Keynes,

MK89BP

27 Directors

Vimillan Pillay

28 Contact Details

Office telephone number: 07774 931 917

Website address: www.mygreentrip.co.uk

If you have any questions about these Terms, our Private Policy or any documents incorporated by these Terms, please contact us at info@mygreentrip.co.uk