1. Acceptance of the Terms of Service.
These terms of service (the “Terms”) set out the agreement between you and Skanatek AB (“Skanatek”, “we”, “us” and “our”), a company registered in Sweden under company registration number 556932-6571, address: Vasagatan 36, 111 20 Stockholm. operates the website www.tunnll.com (the “Site”), the Tunnll application, and the transportation services described herein. For the purposes of these Terms, both the Site and application shall be referred to as the “Tunnll App”, and our bookable transportation services shall be referred to as “Tunnll Services”. By using the Tunnll App or Tunnll Services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not use the Tunnll App or Tunnll Services.
If you are between 13 and 18 years old, you represent and agree that you have the legal consent of your parent or guardian to access and use the Tunnll App and Tunnll Services. Note that if you are under 13 years old, you may not use or access the Tunnll App or Tunnll Services by yourself in any manner. If you are a parent or guardian of a minor who has registered for or used the Tunnll App or Tunnll Services without your consent, please contact us at support@tunnll.com.
You understand and agree that we may change these Terms at any time without prior notice. The revised Terms will become effective upon posting to the Tunnll App. Any use of the Tunnll App or Tunnll Services after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to stop accessing, browsing, and otherwise using, the Tunnll App or Tunnll Services.
2. Information may not always be accurate.
We use third parties, such as transport agencies, Apple, Google, OpenStreetMap, Foursquare, and Yelp to provide data on which the transport information and recommendations in the Tunnll App are based. Our partners and we try to make sure that the data is correct and up-to-date, but we cannot guarantee that it will always be. Journey times are only estimates, as actual timings are dependent on many factors outside our control. Accordingly, we and our data providers do not accept any liability for any error or omission in the information available or the recommendations made through the Tunnll App and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of relying on any information available through the Tunnll App.
3. Tunnll App maintenance.
Making the Tunnll App reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We will aim to do so at what we anticipate will be non-peak times.
4. Tunnll Services/Conditions of Carriage.
Our Tunnll App enables you to share a licensed private hire vehicle with other passengers in order to reach your destination. Each request for a shared- vehicle ride made via our Tunnll App is a “Booking Request,” and each Booking Request that Skanatek accepts is a “Booking.” By using the Tunnll App to make a Booking Request, you are choosing to share a vehicle with other passengers.
To use the Tunnll Services, you will need to create an account by providing your payment card details and an email address or your Facebook or Google login details.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party, which also means you must be the one riding the Tunnll Services when you book. Because you will be responsible for all activity that happens under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Tunnll Services, and to protect the confidentiality of your log-in information and of any device that you use to access the Tunnll Service. You agree to let us know immediately if there is a breach in secrecy of your login information by notifying us at: support@tunnll.com. You will be solely responsible for any losses incurred by others and us due to any unauthorized use of your account.
We charge you a fee (the “Fee”) for using the Tunnll Services, as specified in the Tunnll App before you make a Booking. Payment must be made in the Tunnll App. All Fees are non-refundable and are inclusive of taxes and other government surcharges.
If you cancel a Booking or are not at an assigned pick-up location at the designated time, we may charge you a Fee.
In order to make a Booking, you must enter your payment card, and depending on your bank or card issuer, a test charge may be made and then refunded to ensure your card is valid.
If you fail to make payment of the Fee in full, we may suspend your access to the Tunnll Services and/or permanently delete your account and access to our services.
Promotional Codes – We may, in our sole discretion, create promotional codes that can be redeemed for riding the Tunnll Services, subject to additional terms we may establish on a per-promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be copied, sold or transferred in any way or made available to the general public (by posting to a public form or otherwise); (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used in accordance with the terms that we establish for such Promo Codes; (v) are not exchangeable for cash; and (vi) may expire prior to being used. If we believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms, we reserve the right to withhold or deduct credits or other benefits obtained using those Promo Codes.
When riding the Tunnll Service, you are responsible for your own actions, generally, including if you cause any dispute or disagreements with other passengers or with the driver and you therefore assume all risk in dealing with other passengers and the driver, except to the extent any injuries are caused by our negligence.
When you are a passenger on the Tunnll Service, you agree to comply with all applicable laws and may only use the Tunnll Service for lawful purposes (e.g. you will not carry unlawful or hazardous materials). You will not, when using the Tunnll Services, cause nuisance, annoyance, inconvenience or property damage, whether to the driver, other passengers or any other party. We may also charge you a fee for any damage or soiling you cause as a passenger on the Tunnll Services.
In some cases, you may be asked to provide proof of identity to use the Tunnll Services, and you may be denied access to or use of the Tunnll Services if you refuse to provide such proof.
For additional information regarding our policies when riding our vehicles, please see our Tunnll Service FAQs.
5. Intellectual Property.
The Tunnll App and our Tunnll Services contain material, including but not limited to software, text, graphics and images (collectively referred to as the “Tunnll Content”). We may own the Tunnll Content or portions of the Tunnll Content may be made available to us through agreements that we have with third parties.
Unauthorized use of the Tunnll Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Tunnll Content, and you will not use, copy or display the Tunnll Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Tunnll Content on any copy you make of the Tunnll Content. You may not sell, transfer, assign, license, sublicense, or modify the Tunnll Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Tunnll Content in any way for any public or commercial purpose. The use or posting of any of the Tunnll Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use of the Tunnll Content, Tunnll App shall automatically terminate, and you shall immediately destroy any copies you have made of the Tunnll Content.
The trademarks, service marks, and logos of Tunnll (“Tunnll Trademarks”) used and displayed on the Tunnll App and the Tunnll Services are registered and unregistered trademarks or service marks of Skanatek. Other company, product, and service names located in the Tunnll App may be trademarks or service marks owned by third-parties (“Third-Party Trademarks”, and, collectively with Tunnll Trademarks, “Trademarks”). Nothing in the Tunnll App or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Tunnll App without the prior written consent of Skanatek specific for each such use. The Trademarks may not be used to disparage Skanatek or the applicable third-party, Skanatek’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Skanatek’s prior written consent. All goodwill generated from the use of any Tunnll Trademark shall inure to Skanatek’s benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the Tunnll App’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Tunnll App or any activity being conducted in the Tunnll App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Tunnll App, (d) delete or alter any material posted on the Tunnll App by Skanatek or any other person or entity, or (e) frame or link to any of the materials or information available on the Tunnll App other than via the official API.
Certain elements of the Tunnll App are protected by trade dress, trademark, unfair competition, and other local laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Tunnll Content or Submissions for the Tunnll App may be retransmitted without the express written consent from Skanatek for each and every instance.
6. User-generated content. Skanatek does not claim ownership of any text, images, photos, video, sounds or any other materials (collectively, “Submissions”) that you post on the Tunnll App or email or share on social media to Skanatek. However, by providing any Submissions, you hereby grant to Skanatek a non-exclusive, royalty-free, worldwide and irrevocable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Submissions, including without limitation for promoting and redistributing part or all of the Tunnll application (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). Skanatek can continue to use your Submissions in these ways if you cease to use the Tunnll App or Tunnll Service. You further agree that Skanatek has the right to delete or otherwise edit any Submissions that you post to the Tunnll App at its sole discretion.
7. Disclaimer.
Skanatek, its affiliates, and our respective officers, directors, employees, agents, suppliers, or licensors (collectively, “Skanatek Parties”) make no warranties or representations about the content of the Tunnll App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness. Skanatek Parties shall not be subject to liability for the truth, accuracy or completeness of the content or any other information conveyed to the user, or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Tunnll App and the Tunnll Content at your own risk.
Whilst Skanatek will monitor the Tunnll App and aim to fix bugs that it spots or that are made known to us, Skanatek Parties do not warrant that the Tunnll App or underlying software will operate error free or that the Tunnll App, its server, or the content are free of computer viruses or bugs or similar contamination or destructive features. If your use of the Tunnll App or the content results in the need for servicing or replacing equipment or data, no Skanatek Party shall be responsible for those costs.
The Tunnll App and Tunnll Content are provided on an “as is” and “as available” basis without any warranties of any kind. Skanatek Parties disclaim all warranties, whether express or implied, and including, but not limited to, merchantability, non-infringement of third-party rights, and fitness for particular purpose.
8. Limitation on Liability.
In no event shall any Skanatek Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Tunnll App, the information contained in the Tunnll App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a Skanatek Party has been advised of the possibility of such damages.
Some countries and states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states or countries, the liability of Skanatek Parties resulting from the use or inability to use the Tunnll App or the information contained in the Tunnll App shall be limited to the greatest extent permitted by law.
We are not liable to you for any losses that result from your use of our Tunnll Services other than as a consumer (including any loss of profit, loss of business, business interruption, or loss of business opportunity).
To clarify, we do not limit or exclude our liability:
for personal injury or death resulting from our negligence;
for fraud or fraudulent misrepresentation; or
to the extent our liability cannot be limited or excluded under the Consumer Rights Act 2015 or any other applicable law.
We will not be liable to you for failure to carry out our obligations in relation to the Tunnll Services, where such failure is due to an event that is outside our control, which includes but is not limited to unforeseen traffic delays, fire, flood, storm, riot, strike, civil disturbance, war, nuclear accident or terrorist activity.
While we try to ensure courteous behavior by other passengers travelling on Tunnll Services, we will not be liable to you for the actions of other Tunnll Service passengers while you are using our Tunnll Services.
9. Indemnification.
You agree to defend, indemnify, and hold harmless Skanatek Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Tunnll Content, the User Content and/or the Tunnll App. Skanatek shall provide notice to you of any such claim, suit, or proceeding. Skanatek reserves the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Skanatek’s defense of such matter.
10. Third-Party Websites.
Hypertext links in the Tunnll App may lead to websites that are not under operated and/or controlled by Skanatek. Skanatek accepts no responsibility or liability in respect of the material on any website, which is not operated and/or controlled by Skanatek.
11. Termination of these Terms.
Skanatek reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Tunnll App or the Tunnll Content at any time and for any reason without prior notice or liability. Skanatek reserves the right to change, suspend, or discontinue all or any part of the Tunnll App or the Tunnll Content (including User Content) at any time without prior notice or liability. The following sections of the Terms will survive the termination or expiration of these Terms: 5, 6, 8, 9, 10 and 12.
12. Law and Jurisdiction.
These Terms will be governed by legislation of the European Union. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of the European Union.
13. Miscellaneous.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Skanatek to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Skanatek unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Skanatek and you, these Terms constitute the entire agreement between you and Skanatek with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicenses.