Terms Of Service

  Last Updated: March, 2016 These Terms set out the terms and conditions that govern the provision of the services via Share’n’Go (the “Services”) by Next Generation Solutions (NGS) Limited, trading as NGS, with registered number 09153988 and with registered address at Prospect House, 50 Leigh Road, Eastleigh, Hampshire SO50 9DT (“NGS”). By opening an account with Share’n’Go or by using Share’n’Go, you agree you agree to be bound by these Terms, and a contract is created between you and NGS (the “Contract”). The Contract comprises these Terms and the privacy policy which is available at [www.sharengo.com] (“Privacy Policy”). NGS reserves the right to make changes to these Terms at any time, by posting a revised version at [www.sharengo.com]. Your continued use of Share’n’Go indicates your acceptance of such changes.  You are advised to check the Terms from time to time for any changes that may affect you. NGS last modified these Terms on the date stated at the beginning of these Terms.
    • You must be established in the UK or the US to receive the Services provided by NGS via Share’n’Go, and you must use only use Share’n’Go in the UK or the US.
    • These Terms (together with the Privacy Policy) set out the basis on which you may access and use the Services provided by NGS via Share’n’Go, as outlined at sharengo.com.
    • NGS is constantly innovating in order to provide the best possible experience. You acknowledge and agree that the form and nature of Share’n’Go may change from time to time without prior notice.
    • NGS may automatically download and install updates from time to time, which are designed to improve, enhance and further develop Share’n’Go and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and to permit NGS to deliver these to you) as part of your use of Share’n’Go.
    • To access Share’n’Go you must create an account. You (i) must ensure that the information you provide in your account is true, accurate, current and complete, and you must maintain and update this information to keep it true, accurate, current and complete, (ii) must keep the passwords secure and confidential; (iii) are solely responsible for all activity in your account; (iv) must use commercially reasonable efforts to prevent unauthorized access to your account, and notify NGS immediately on [email protected] of any such unauthorised access; and (v) may only use the Services provided by NGS via Share’n’Go in accordance with the Share’n’Go online help files/content and applicable laws. You may be held liable for losses incurred by NGS or any other user of or visitor to Share’n’Go due to another person using your account, login identification, or password.
    • You must not create more than one account for yourself on Share’n’Go.
  4. the role of NGS
    • Share’n’Go does not in any way act as or provide the services of a bank or other financial institution, and Share’n’Go does not move or transmit funds or process your payments in any way. Accordingly, NGS excludes all liability (whether in contract, negligence or otherwise) for payments, returns, refunds, chargebacks and declined transactions.
    • NGS does not have any control over any products or services which you sell via Share’n’Go or for any of your acts and omissions. NGS does not insure, endorse or assume any liability for products or services you sell via Share’n’Go; nor does NGS provide cardholders that use Share’n’Go (“Users”) with any assurances that you will complete a transaction or are authorized to do so. You are entirely responsible for all products and services which you sell via Share’n’Go. You are responsible for resolving any disputes relating to the products and services directly with the Users.
    • NGS has no responsibility for the actions of the Users. NGS does not verify the identity of any User or that a User can or will complete a transaction.
  5. payments using share’n’go
    • NGS does not process or store cardholder information. In an effort to achieve the required level of payment security, NGS uses [full name of Stripe] (the “Payment Provider”) to collect payments from Users on your behalf. NGS reserves the right to change the Payment Provider at its discretion, provided any such Payment Provider offers assurances of its compliance with security requirements.
    • Every time you initiate or accept a payment transaction via Share’n’Go you authorise NGS to instruct the Payment Provider on how the settlement funds from a card transaction paid by a User should be disbursed to you and the timing of such disbursements. Your authorisation will remain in full force and effect until you terminate such authorisation in writing.
    • NGS may, at its discretion, impose limits on the amount of money you can send or receive via Share’n’Go. Please see www.sharengo.com for more details on limits. These limits may change from time to time in NGS’s sole discretion.
    • You may view your transaction history by logging into Share’n’Go. If you believe that there is an error or unauthorised transaction, you must immediately contact NGS at [[email protected]] or by notice to the details set out in the ‘Contact Us’ page on the Website. If you do not contact NGS within 60 days after the unauthorised transfer is posted, you forfeit any right to receive a refund of any money you lost.
    • Refunds and chargebacks will be processed by the Payment Provider in accordance with the terms and conditions of the Payment Provider.
  6. YOUR content
    • You have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of any all electronic materials, data and information that you may upload to Share’n’Go (your “Content”). You acknowledge that NGS has no control over your Content and does not purport to monitor your Content. However, NGS reserves the right to monitor any Content uploaded at any time as it deems appropriate and to remove any materials which in NGS’ sole discretion are in breach of these Terms.
    • You must not upload to, transmit through or otherwise post or share through Share’n’Go any Content that: (i) is deemed harassing, threatening, indecent, obscene, pornographic, libellous, defamatory or otherwise objectionable, unlawful or tortious, harmful to children, or which violates third party privacy rights; or (ii) is an infringement of the intellectual property rights of a third party.
  7. YOUR responsibilities
    • You are responsible for using Share’n’Go in accordance with these Terms and in a lawful manner. Any use or attempted use of Share’n’Go (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of Share’n’Go; (iv) to access systems, data or information not intended by NGS to be made accessible to a user; (v) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vi) for any use other than the purpose for which it was intended, is prohibited.
    • You must only use the Services for commercial purposes and you must not use the Services for any household or personal purposes.
    • In addition, in connection with your use of Share’n’Go, you must not
      • sell, resell, rent or lease Share’n’Go or use it in a service provider capacity;
      • interfere with or disrupt the integrity or performance of Share’n’Go;
      • attempt to gain unauthorized access to Share’n’Go or related systems or networks through hacking, password mining, or any other means;
      • reverse engineer Share’n’Go except to the extent permitted by law;
      • access Share’n’Go to build a competitive service or product, or copy any feature, function or graphic for competitive purposes;
      • create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any NGS representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
      • upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
      • delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
      • upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
      • violate any applicable local, state, national or international law;
      • upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
      • delete or revise any material posted by any other person or entity;
      • probe, scan, test the vulnerability of or breach the authentication measures of, Share’n’Go or any related networks or systems;
      • register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
      • harvest or otherwise collect information about others, including e-mail addresses; or
      • use any robot, spider, scraper, or other automated or manual means to access Share’n’Go, or copy any content or information contained on Share’n’Go.
NGS reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. NGS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.  Except as may be expressly limited by the Privacy Policy, NGS reserves the right at all times to disclose any information as NGS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NGS’ sole discretion. You also agree to reimburse NGS for any damage, loss, cost or expense NGS incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of Share’n’Go for any unlawful or prohibited purpose.
  1. FEES
    • The fees for the services are as set out [where]. The fees and any other sums payable by you will be debited from the settlement funds from each card transaction paid by a User before the settlement funds are remitted to you.
    • NGS may change the amount of the fees from time to time. If NGS does so, it will give you thirty (30) days notice before the change takes effect in accordance with clause 1.
    • All sums are exclusive of value added tax and any other taxes, charges or duties to which the supply of goods or services may be subject or give rise.
    • NGS will provide you with a periodic statement which will constitute a proper demand for payment and conclusive evidence of the amount stated on such statement as being due from you to NGS, and which will be conclusive, unless inaccurate on the face of the statement. You must check each such statement or written request on receipt and notify NGS within one month of any errors in it.
    • You understand and agree that the software, workflow processes, user interface, designs and other technologies provided as part of Share’n’Go, as well as the features, materials, opportunities, and services made available on or through Share’n’Go (including all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof), are and remain the proprietary property of NGS and its licensors. All right, title and interest in and to such items, including all associated intellectual property rights, remain with NGS, as between you and NGS.
    • You acknowledge that the materials described in the preceding section constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United Kingdom, the United States and other countries, and that you acquire no ownership interest by accessing and using Share’n’Go. You are not granted any rights or licence in respect of the trademarks, service marks or logos of Share’n’Go, which are and will remain the sole and exclusive property of Share’n’Go. You must not remove, relocate or otherwise modify any proprietary marking or restrictive legends provided as part of Share’n’Go.
    • As between you and NGS, you own all right, title, and interest in and to your Content. You hereby grant to NGS a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify and publish your Content for the purpose of providing Share’n’Go, including displaying and distributing your Content.
    • Each of us reserves all rights unless expressly granted under these Terms.
    • Nothing in these Terms excludes or limits the liability of either of us (under UK law) for: (i) death or personal injury caused by our negligence; (ii) breach of any obligation as to title implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (iii) fraud or fraudulent misrepresentation.
    • Subject to clause 1, the maximum, cumulative, aggregate liability of NGS arising to you under or in connection with these Terms, Share’n’Go’ or use of the Services, in respect of the year in which the liability arises, whether arising from tort (including negligence), breach of contract, statutory duty or otherwise, will in no event exceed the aggregate amount of the fees paid by you to NGS during the twelve months immediately prior to the date on which the cause of action first arises.
    • Subject to clause 1, neither of us will be liable for any loss of profits, income, revenue, business, reputation or goodwill, loss of data, opportunity or any type of special, indirect or consequential loss, even if such loss was reasonably foreseeable or such party has been advised of the possibility of incurring the same.
    • In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the aggregate liability of NGS shall be limited in accordance with these Terms to the fullest extent permitted by law.
    • Subject to the limitations imposed by applicable law and these Terms, you agree to indemnify, defend and hold NGS harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of (i) content, data, or information that you submit, post to, or transmit through Share’n’Go, (ii) your violation of these Terms, or (iii) your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
    • Use of Share’n’Go is at your risk. To the maximum extent permitted by law, Share’n’Go is provided on an “as is” basis.  Except as set out in these Terms, NGS makes no representations or warranties of any kind (express or implied) with regard to Share’n’Go, including warranties of accuracy, merchantability, fitness for a particular purpose or non-infringement, or that Share’n’Go will function uninterrupted or error-free, or that Share’n’Go is secure, free of viruses or other harmful components or that any defects or errors will be corrected.
    • NGS may perform maintenance on Share’n’Go from time to time which may result in service interruptions, delays or errors. NGS will not be liable for any such interruptions, delays or errors.
    • Share’n’Go may include technical inaccuracies or typographical errors. NGS shall have no liability in connection with any such inaccuracies or errors, nor shall NGS have any obligation to identify and/or correct any such inaccuracies or errors.
    • All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files on Share’n’Go is disclaimed.
    • To the extent that any information, material, or functionality on Share’n’Go is provided by third party content providers (“Third Party Materials”), NGS has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers. NGS does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with NGS.
    • NGS does not promise, covenant, represent, warrant, or guarantee that you or any other user of Share’n’Go will obtain any particular or tangible result or goal through the use of Share’n’Go, or obtain any other product or service in connection with use of Share’n’Go. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through Share’n’Go or NGS, or that you access, use, download, or otherwise obtain on or through Share’n’Go or NGS, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
    • NGS and/or our third party suppliers or licensors do not represent, warrant or covenant that Share’n’Go, or any materials, products, or services available on or through Share’n’Go or through NGS are or will be accurate, current, complete, reliable, or appropriate for any particular use to which you or any third party may choose to put them. NGS periodically amends, changes, adds, deletes, updates, or alters Share’n’Go and the Services without notice,   Further, NGS assumes no liability or responsibility for any errors or omissions in the content of Share’n’Go or the Services.  NGS specifically disclaims any duty to update the content or materials or any other information contained on, in or via Share’n’Go.
    • NGS will have in place commercially reasonable technical and organisational measures to protect your Content against accidental or unlawful destruction or accidental loss or alteration or unauthorized disclosure or access and against all other unlawful forms of processing.
    • Please refer to the privacy policy at [www.sharengo.com] for details of the NGS policy regarding collection, use and disclosure of information.
    • Share’n’Go may contain links to third party apps. NGS has no control over the contents of any such third party apps. NGS does not approve, endorse, warrant, guarantee, or assume responsibility for any such apps, their contents or their privacy practices.  NGS will not be responsible for, and expressly disclaim any and all liability related to, any loss or damages caused by use or reliance on any content, features, goods or services made available through such apps.  NGS will not be a party to or in any way monitor any transaction entered into by you in connection with any third party apps.
    • NGS may at its discretion suspend or close your account and/or your access to Share’n’Go at any time provided that this will not affect any payments that you have already made . This will not affect any of your rights or any of NGS’ obligations that are in existence at the time of suspension or termination.
    • You may close your account or at any time, provided that there are no pending or in progress transactions. You may close your account by deleting the saved information and logging out.
    • If we suspend or close your account and/or your access to Share’n’Go for any reason, you may contact NGS and request restoration of access if appropriate. However, if NGS believes in good faith that you are in breach of these Terms, restoration is at the sole discretion of NGS.
    • NGS may provide any notice to you under these Terms by:
      • posting a notice on Share’n’Go; and
      • sending an email to your registered email address as set out in your personal settings on Share’n’Go, and such notice will be effective upon posting or sending the email (as appropriate).
    • To give NGS notice under these terms, you must contact NGS by email at [email protected] or by notice to the details set out in the ‘Contact Us’ page on the Website, and such notice will be effective upon sending the email.
  9. general
    • The waiver by either of us of any breach of these Terms by the other will not operate as a waiver of subsequent or other earlier breaches of the same or a different kind. No failure or delay by either of us to exercise any of its rights under these Terms will constitute a waiver of such rights.
    • If any provision these Terms is found to be invalid, unenforceable or illegal, then such provision will be severed and the remainder of these Terms will continue with full force and effect.
    • You may not assign these Terms, or delegate or sublicense any of your rights under these Terms, without the prior written consent of NGS. Any assignment or transfer in breach of this clause 3 will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of each of us and our respective successors and assigns.
    • Each of us is an independent contractor. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between us.
    • No third party will have any rights under, or be able to enforce, these Terms.
    • In interpreting these Terms (unless the context requires otherwise) any reference to any statute or statutory provision including any subordinate legislation includes a reference to that statute or statutory provision as from time to time amended, extended, re-enacted and/or replaced.
    • These Terms constitutes the whole agreement between us and supersedes all previous agreements between us relating to its subject matter. Each of us acknowledges that we have not relied on any oral or written representations made to us (whether made negligently or innocently) other than as expressly set out in these Terms. Nothing in this clause 7 will limit or exclude any liability for fraud.
    • These Terms are governed by English law. Each of us irrevocably submits to the exclusive jurisdiction of the courts of England regarding any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
  10. Contact Us
NGS welcomes any comments or questions you may have regarding these Terms or Share’n’Go. Please send any comments or questions submitted via email at [email protected]. Cost: Free of Cost App