Terms and Conditions
Last updated 4th May 2019
These Terms and Conditions and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, www.trainclaimer.com (our website). By using our website, you agree to be bound by, and to comply with, these Terms and Conditions.
Please read these Terms and Conditions carefully. We recommend that you print off a copy of these Terms and Conditions for your records, as well as any future versions of them, as we may update them from time to time.
YOUR ATTENTION IS PARTICULARLY DRAWN TO EXCLUSIONS AND LIMITATIONS OF LIABILITY, INDEMNIFICATION, DISCLAIMERS, AND AGE RESTRICTIONS ON USE OF OUR WEBSITE. IF FOR ANY REASON WHATSOEVER YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THEM, YOU MUST NOT ACCESS OR USE OUR WEBSITE.
1. Our Details
Chilli Studio Limited (we, our and us) operates the website.
Chilli Studio Limited is a company registered in England under company number 9599758.
You can contact us here.
2. Subscriptions and Pricing
There are three levels of user on our site:
- Unregistered user
- Free user
- Subscribed user
Each level of user has different access to the services provided on www.trainclaimer.com, described in more detail on our Plans page.
In addition, there are a number of subscription options available:
- Basic plan
- Advanced plan
- Pro plan
All subscription plans unlock all the extra features on the site described on the Plans page. The difference comes in the number of free Credits which come with the plan - zero for Basic, a small number per month or year on the Advanced plan, and unlimited on the Pro plan. Subscriptions are available in both monthly and annual variations with a small price difference between them.
There is no free trial available to subscription plans, but users can remain a Free user forever if they choose. Free users can still submit compensation claims through the site and these will be processed once Credits are purchased. No subscription is required for the purchase of Credits.
Any Free user can upgrade to a Subscribed user at any time by visiting the "Subscription" page in their Dashboard, available after logging in. Subscribed users may cancel their subscription at any time but a refund will not be issued for any unused subscription period; however they will keep their upgraded access until their next renewal date even after cancelling.
Subscription "Price for Life"
We may change the subscription price from time to time but users already with an active subscription will keep their price for the life of their subscription.
If your subscription is cancelled by you or us, expires or is not renewed due to a failed charge, you will lose your "Price for Life" and may have to re-subscribe to a different plan and pricing structure compared to your former subscription; your new plan will become your new "Price for Life".
You can see the plan you are on and all historic subscription packages here.
3. Compensation Processing and Credits
Any user - whether a subscriber or not - can opt to process their compensation claim for valid Train Operating Companies through our system. We are unable to process claims for the following Train Operating Companies:
- Gatwick Express
- Great Northern
- Virgin Trains (West Coast)
In the event of a claim being submitted for a disrupted journey on one of these operators, TrainClaimer will issue an email to you detailing the steps you need to take to make the claim for yourself.
We use a virtual currency for this which we call Credits. Subscribers get a certain amount of free Credits with their recurring subscription and Free users can opt for a pay-as-you-go model. All users can top-up their Credits at any time, and the price depends on whether or not you are a Subscriber, and how many Credits you are purchasing in one transaction.
Credits are non-refundable under all circumstances. Credits never expire, even if you cancel your subscription. Credits issued as part of a subscription have zero monetary value.
A compensation claim costs one Credit, which will be deducted when we approve the submitted claim and hand the details over to the relevant Train Operating Company. Users can submit claims without any Credits in their accounts, but these claims will not be processed until your Credit balance is positive.
www.trainclaimer.com will submit your claim to a valid Train Operating Company on your behalf. Once the claim is submitted, all contact about the claim must be between you and the Train Operating Company. We will not partake in any negotiation about any claims we submit once they have been processed by us and submitted to the Train Operating Company, unless a mistake is made on our part.
Users explicitly give us permission to claim compensation on their behalf when they submit a claim through our system. YOU MUST NOT CLAIM FOR A TRAIN YOU DID NOT TAKE, OR DID NOT INTEND TO TAKE.
Claims can be submitted at any time and will be processed by us within 14 days of receiving it, but normally much sooner. We generally only accept claims up to 25 days after the affected journey, in order to meet the 28 day deadline imposed by the train operators. We will inform you when we accept or reject your claim, and when we have submitted it to the Train Operating Company.
www.trainclaimer.com does not accept any responsibility for fraudulent claims submitted by our users. We do a small level of pre-checking the claim before submitting it to the Train Operating Company but they retain the ultimate authority to accept or reject the claim.
In the event of any claim being rejected by the train operating company responsible for your journey, no Credit or monetary refunds will be issued unless www.trainclaimer.com has made a mistake with your claim (in which case the usual course of action will be for us to re-submit your claim to the train operator rather than issuing a Credit or monetary refund).
One of our features available (to Subscribers only) is Automatic Claims. Any user can enter details of the regular train they take on a daily basis as well as any ad-hoc journeys on specific dates up to 90 days in the future.
Once this information is in our system, we search through it each morning to find the specific train you entered, and check yesterday's service at that time to see if your train is eligible for compensation. If it is, we will generate a claim in your account automatically, and inform you via email. It is then your responsibility to confirm you were on that train (or planning to be on that train) and to finalise the claim through your account.
You must not finalise a claim if you were not, or were not intending to be, on that service.
Automatically-generated claims which are not finalised are automatically deleted 14 days after they are generated. After this time, you may still make a claim against that train by generating a new claim manually.
For regular trains, if we don't find a service matching your Automatic Claim two weeks in a row, we'll let you know via email. Once we haven't matched a train to your Automatic Claim four weeks in a row, we'll delete the entry and let you know via email. For one-off ad-hoc Automatic Claims, we'll delete the Automatic Claim immediately and inform you via email.
Automatic Claims are deleted automatically upon non-renewal of a subscription. Automatic claims are a free service but will cost one Credit when we process the finalised claim.
We operate a reward scheme when you recommend a friend, family member, colleague or other acquaintance and they register with your unique code (found here when you are logged in). The free Credits are immediately awarded when the person you recommend www.trainclaimer.com to activates a paid subscription. Purchasing Credits does not count as activating a paid subscription. The reward given differs depending on the plan you are on and then plan they choose; details can be found here.
There is no limit to the number of rewards you can gain; everyone who activates a subscription using your unique code will instantly trigger the reward to both you and them.
Credits gifted in this way have zero monetary value.
Donating to charity
www.trainclaimer.com operates a scheme whereby users can choose to donate individual claims to charity in exchange for a free Credit. This service is available to all users, including free users and those without any existing Credits in their account. The free Credit will be awarded once the charity claim is approved by www.trainclaimer.com and submitted to the relevant train operator, and can be redeemed against any future claim made on www.trainclaimer.com. As with all other Credits, free Credits gained in this way never expire.
4. Your responsibilities
You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms and Conditions and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms and Conditions. If for any reason whatsoever, such persons do not agree to these Terms and Conditions or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.
You must ensure that all claims you submit are legitimate claims for delayed journeys which you took (or intended to take). www.trainclaimer.com reserves the right to warn or suspend users who regularly submit what we believe to be fraudulent claims. In such circumstances no refunds will be issued and no correspondence will be entered into.
Other documents governing your use of our website
5. Availability of our service
We make no representations and provide no warranties that:
- The website will be made available at any specific time or from any specific geographical location
- your access to the website will be continuous or uninterrupted
- The website will be accessible or optimised on all browsers, computers, tablets, phones, or viewing platforms.
We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
Our website is provided for users in the United Kingdom. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other territories.
6. Changes to our small print
- To reflect any changes in the way we carry out our business
- To account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website
- To accurately describe our current data-processing activities so that you are kept up to date with our latest practices
- To ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
- If required by law, we will provide you with notice of any changes in these Terms and Conditions or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms and Conditions or other such documentation on our website with a new effective date stated at the beginning of them.
You must check these Terms and Conditions, and all other documentation referred to in them, each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
7. Your account
You must keep your account information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
We recommend that you choose a password that is unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
You must never use another user’s account without permission. When creating and updating your account, you must provide accurate and complete information. You agree that you will not solicit, collect, or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms and Conditions or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, any unauthorised disclosure of your login information, or fraudulent claims being repeatedly submitted from your account.
If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately contact us.
8. Data and content on our website
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, "Third Party Mark(s)") may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms and Conditions, or in terms provided by the owner of a Third Party Mark, nothing in these Terms and Conditions or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.
Data and content on our website provided on a non-reliance basis
Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms and Conditions.
The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.
Although we do our best, we make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.
Permitted use of materials on our website
The content on our website is provided for your personal, private, and non-commercial use only. You may print or share the content from our website for lawful personal, private, and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
Prohibited uses of our website:
You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms and Conditions.
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our website for lawful purposes only and in accordance with these Terms and Conditions. You must not use our website:
- For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international
- For any fraudulent purposes whatsoever
- To conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us
- To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content
- To communicate with, harm or attempt to harm other users in any way
- In any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to.
If you accidentally or intentionally submit information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/679).
9. Viruses and other harmful content
We do not guarantee that our website does not contain viruses or other malicious software. However, we make all reasonable efforts to prevent such viruses or bugs from being uploaded to our website.
We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
10. Third parties
Train data is supplied to us by a third-party provider who processes the data from National Rail before passing it on to us. It therefore may differ from official records, be incomplete, incorrect or missing. We take all reasonable efforts to provide accurate train data on our systems but occasionally mistakes - whether caused by a human or computer - will occur. You should therefore not use www.trainclaimer.com as a 100% accurate record of your journey, but instead use your own experience of that journey before verifying it against our records. www.trainclaimer.com takes no responsibility for claims rejected due to incorrect data in our system, and claims based purely on the data rather than your actual journey experience may be rejected. Repeated claims along these lines may be considered a fraudulent use of our website under these Terms and Conditions, which may result in your account being suspended or legal action being considered.
Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
11. Exclusions and limitations of liability
We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
- YOUR USE OF OUR WEBSITE
- ANY CORRUPTION OR LOSS OF DATA
- ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER)
- ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL
- ANY LOSS OF REPUTATION OR GOODWILL
- ANY LOSS OF SAVINGS
- ANY LOSS OF A CHANCE OR OPPORTUNITY
- ANY OTHER SECONDARY, CONSEQUENTIAL, OR INDIRECT LOSSES
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You specifically agree that we shall not be liable for any content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of the "Exclusions and limitations of liability" are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
You, and any third party for or on behalf of whom you operate an account or activity on the website, agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorney fees and costs, arising out of or in any way connected with any of the following:
- Your uploads, access to or use of the website
- Your breach, attempted breach, or alleged breach of these Terms and Conditions
- Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right
- Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities
- Any misrepresentation made by you
THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
- THE SERVICE
- THE WEBSITE CONTENT OR DATA
- USER CONTENT
- SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
14. Age restrictions
Our website and any products or services available on or via the website are not intended for use by individuals under the age of 16.
IF YOU ARE UNDER THE AGE OF 16, YOU MUST NOT USE OUR WEBSITE, PURCHASE, OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.
We do not knowingly or intentionally process information about any individual under the age of 16.
14. Governing law and jurisdiction
These Terms and Conditions, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with law of the United Kingdom.
The courts of United Kingdom shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms and Conditions and any documents they refer to.
The copyright in this Terms and Conditions document is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.
Questions about these Terms and Conditions
If you have any questions regarding any of our policies, please contact us.