TAXIAPP UK DRIVER PROCEDURE RULES (FOR THE MOST SERIOUS OFFENCES)

1.  As a Taxiapp driver you agree and adhere to the rules listed below (subject to change).  As a consequene of them not being upheld, by an individual or group of people, may result in immediate suspension from Taxiapp UK whilst the case is under investigation and may be reported to TfL and may lead to prosecution.

Behaviours, those listed but not limited to, will not be tolerated towards clients, passengers, drivers and members of staff of Taxiapp UK.  To include:

1.2.  Rudeness, abuse or violence, threatening or actual

1.3.  Conducting him or herself in a manner that could bring the Co-Operative into disrepute

1.4.  Conduct liable to prejudice the Co-Operative

1.5.   Any discrimination toward, but not limited to, a persons race, colour, religion, gender, age, nationality, disability, marital status or sexual orientation

2.  The rules below could result in disciplinary action with immediate affect:

2.1.  Arriving at the pick-up point with more than the authorised amount showing on the meter.

2.2.    Taking a job allocated to another member or pulling off a job without notifying the customer.2.3.     Making a journey which is the property of TAXIAPP UK his/her own.2.4.   Data inaccuracies and anomalies.2.5.   Failing to complete a journey, as per trip details.

2.6.   Using a badge number other than their own or allowing another to use their TAXIAPP UK individual login.

2.7.     Driver must not use his/her mobile phone for personal calls whilst undertaking any trip through TAXIAPP UK.

2.8.    Accepting and then failing to complete or trying to have recovered a journey.

2.9.   Failing to keep his/her taxi in good mechanical, clean and presentable condition.

2.10.  Not producing his/her Motor Cab License as proof that the vehicle is TfL compliant.

2.11.  Failing to notify the customer if anticipating late for a pick-up.

2.12.  Accepting a credit card trip booked through TAXIAPP UK and clearing it through a thirdparty causing financial loss to TAXIAPP UK.

2.13.   It is expected that drivers read and understand details of journeys before accepting a job. When accepting a cash job, an in-cab payment must be paid by the passenger.

Terms of Use

General terms

3.  Please read this Terms of Use Agreement (these “Terms”) carefully before using the Taxiapp mobile app (the “App”). Your use of the App constitutes acceptance of these Terms and forms a legally binding contract between you and Taxiapp.Ltd, also doing business as “Taxiapp ” (the “Company”).

3.1.  If you do not agree to these Terms, immediately discontinue use of the App and delete it from your mobile device.

3.2.  Your agreement to these Terms also includes your agreement to the terms of our Privacy Policy, which is incorporated by reference into this Agreement and is therefore an integral part of this Agreement.

3.3.  It is your responsibility to review these Terms and the Privacy Policy periodically. Your continued use of the App after the Effective Date is your acceptance of the new Terms.  If you do not agree to the revised Terms, you must immediately discontinue use of the App and delete it from your mobile device.

Services

4.  The App is a platform designed to provide a communication portal to connect and match users who have registered as drivers on the App (“Drivers”) and users that have registered with the App for the purposes of being offered a Ride (“Riders”) .

4.1.  The App is only a venue that allows Drivers and Riders to match each other. The Company is not involved in the actual transportation provided by Drivers to Riders. As a result, the Company has no control over the Drivers as they are (Self Employed) and have the complete choice to work or not, install the app or not, all our Drivers are self-employed and will not be paid through PAYE

4.2.  Drivers are in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit

4.3.   they can decide what work they do and when, where or how to do it

4.4.  they’re responsible for fixing any unsatisfactory work in their own time

4.5.  TAXIAPP can agree a fixed price for their work – it doesn’t depend on how long the job takes to finish.

4.6.  they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work

4.7.  they can work for more than one client.

4.8.  We have no control over the quality or safely of the transportation provided as a result of your using the App, all our drivers are bound by the rules and TFL Law. https://tfl.gov.uk/info-for/taxis-and-private-hire/licensing/information-for-fleet-owners (please visit link for more info ).

4.9.  Additionally, the Company does not have any control over the truth or accuracy of the information provided by any User to the App. The Company cannot ensure that a Rider is who he/she purports to be or that a Driver or a Rider will actually complete an arranged service.

4.10.  You are solely responsible for your interactions with other Users. The Company is not responsible for the conduct, whether online or offline, of any User. It is possible for others to obtain personal information about you due to your use of the App and other Users may use your personal information, obtained through the App, to harass or injure you. The Company is not responsible for how other Users may make use of the personal information you provide to the App. References to any other products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of such, or any affiliation with, by the Company or the App.

4.11.  The services the App provides may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the App, or any website or any combination thereof, including injury or damage to User’s mobile device related to or resulting from using or downloading the App and/or in connection with the services provided by the App.

4.12.  It is up to the Rider to decide whether to accept a Ride from any Drive contacted through the App. One you are connected with another User, any decision to offer a Ride to that User or to accept an offer for transportation from that User is in your sole discretion. The Company offers information and a method to connect Drivers and Riders with each other but does not provide, and does not intend to provide, transportation services or act in any manner as a transportation carrier. Therefore, the Company has no responsibility or liability for any transportation services obtained by any Rider or provided by any Driver using the App.

Parties

5.  The parties to these Terms are you, as a User, and the Company. All references to “we,” “us,” or “our” will be construed to mean the Company. Your access and use of the Software constitute your agreement to be legally bound by these Terms and establishes a contractual relationship between you and the Company.

Definitions

6.  These terms have the following definitions when capitalized in these Terms:

6.1  Company means TAXIAPP UK

6.2.   “Ride” means a round trip between the residences, or places reasonably convenient to residences, of any or all of the Driver and Riders and a common destination, including the Driver’s and the Rider’s place of employment or education, or a place reasonably convenient to the Driver’s various places of employment or education.

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User Requirements

7.    In consideration for your use of the App, you agree (a) that you are at least eighteen (18) years old (or the age of majority in your jurisdiction) and have the capacity to agree to these Terms or, if you are less than the age of majority in your jurisdiction, you have reviewed these Terms with your legal guardian and this legal guardian understands he/she is responsible for your actions when using the App; (b) to provide accurate, current, and complete information when you create an account; (c) to maintain the security of your password and identification; and (d) to accept all risks associated with dealing with strangers you meet online.

7.1.    You are the sole authorized User of your account. You may not authorize others to use your User status and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of any password provided by you or the Company for accessing the Services.

7.2.    You are entirely responsible for all content you upload, post, or otherwise transmit through your use of the App. You agree to use the App in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the App that the Company, in its sole discretion, deems inappropriate or offensive may result in a suspension and/or termination of a User with or without notice.

7.3.     By using the App, you represent and warrant that you currently meet and will continue to meet the following eligibility requirements (“Requirements”) for as long as you use the App: (a) you have and will at all times comply with all laws and regulations (for Drivers as listed on TFL website  https://tfl.gov.uk/info-for/taxis-and-private-hire/licensing/information-for-fleet-owners

7.4.     You have the right, authority, and capacity to enter into these Terms and to abide by all of its terms and conditions; (c) you have not been the subject of a complaint, restraining order, or any other legal action relating to Dangerous Offenses; (d) you are not currently, nor have you ever been, required to register as a sex offender in any jurisdiction or with any governmental agency; (e) you have never been convicted of a felony relating to Dangerous Offenses; and (f) you are not currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanour charges relating to Dangerous Offenses. For purposes of this section, “Dangerous Offenses” means violent offenses (including, but not limited to, murder, rape, and manslaughter), sexual offenses, abuse, neglect, fraud, larceny, or any other offense that involves endangering the safety of others.

7.5.  As part of Taxiapp co-operative duty towards the safety of our Riders, The Company may suspend a Driver’s account at any time and for any length of time and reserves the right to terminate these Terms under the following circumstances: (i) the Driver is in breach of TFL laws and regulations, violating the Co-operative rules and conditions, including, but not limited to, bullying our members or staff using electronic means would include:

7.6.   Offensive email

7.7.   Email threats

7.8.    Posts and comments on social media and networking sites that may bring Taxiapp into Disrepute.

7.9.   Spreading lies and malicious gossip via messaging/chat

7.10.  whatever the motivation or method is unacceptable and will not be tolerated.

(i)Driving under the influence of drugs and/or alcohol, or any other criminal offence, including, but not limited to, fraud, sexual offenses, drug related offense, crimes involving property damage, and/or theft, acts of violence, or acts of terror; (ii) the Driver is accused of reckless driving or driving with a suspended or revoked license; (iii) a Rider files a zero tolerance policy complaint against the Driver; (iv) a discrimination complaint is filed against the Driver; or (v) the Driver breaches these Terms.

7.11.     By using the App, you understand and agree the Company may rely on the above Requirements, representations, and warranties as true and to continue to abide by these and any revisions to these Requirements in the future.

7.12.    You authorize the Company to verify your representations and warranties and you acknowledge and agree that the Company has the right, but not the obligation, to verify such information. You further agree that the Company may take any such action as it, in its sole discretion, deem appropriate, including but not limited to, suspending and/or terminating your account.

7.13.    Users are solely responsible for the information they provide through the App. Your use of the App is at your own risk. The Company will not be responsible for any decisions for whatever reason, you make with regard to any User. The Company does not make any representations regarding the accuracy or validity of any User-provided information.

7.14.    Despite any other provision of these Terms, you acknowledge and agree that the Company does not conduct background checks of any User. You also understand that the Company neither confirms nor denies the validity of the information provided by Users. You understand and agree to make your own decisions and assessments about Users with which to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND CHECKSON USERS.

7.15.     Users are solely responsible for the information they provide through the App. Your use of the App is at your own risk. The Company will not be responsible for any decisions for whatever reason, you make with regard to any User. The Company does not make any representations regarding the accuracy or validity of any User-provided information.

7.16.   Despite any other provision of these Terms, you acknowledge and agree that the Company does not conduct background checks of any User. You also understand that the Company neither confirms nor denies the validity of the information provided by Users. You understand and agree to make your own decisions and assessments about Users with which to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND CHECKS ON USERS.

Limitation of liability

Assumption of Risk

8.  You understand and agree that the Company has no control over the acts or omissions of any User and that the Company makes no representations or warranties about the quality of the services provided by any User. You understand and agree that the Company is not responsible for the conduct, whether online or offline, of any User. As such, the Company expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries, and/or damages arising from or in any way related to the App.

8.1.  Users of the App transact between themselves. The Company will not be involved in any User interactions. The Company is not responsible for any disputes, claims, losses, injuries, or damages of any kind that might arise during and after User interaction. Remember that our drivers are regulated by TFL who you can always contact to report any issues, or report to the Metropolitan Police.

8.2.  To the full extent permitted by law, the Company is not liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including, without limitation, loss of business, loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the App, inaccuracy, error, or omission, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. This includes damages due to: (i) the use of or inability to use the App; (ii) the cost of procurement of substitute services resulting from any transactions entered into through the App; or (iii) statements or conduct of any third party on the App, including, without limitation, unauthorized access to or alteration of transmission of data. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

8.3.  You and the Company agree that the warranty disclaimers and limitations of liability in these Terms are material, bargained-for bases of these Terms, and that they have been taken into account in determining the consideration to be given by each party under these Terms. You and the Company agree that the warrant disclaimers and limitations of liability in these Terms are fair and reasonable.

8.4.  Except as providedfor in this provision, if you are dissatisfied with the App or do not agree with any provisions of these Terms, your sole and exclusive remedy is to discontinue using the App.

8.5.  You agree and understand that you assume all risks when using the App, including, without limitation, any and all risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with others. In addition, you agree and understand that the Company is not responsible for your safely, comfort, or successful travel arrangements, or for your belongings, or for any other liability with regard to your use of the App.

INDEMNITY

9.  You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to: (i) your use or misuse of the App; (ii) acts an omissions on or off the App; (iii) violation of these Terms; (iv) violation of any law or regulation; (v) violations of any rights of a third party including, but not limited to, other Users, or allegations thereof; (vi) inaccurate untimely, incomplete, or misleading registration information; (vii) misstatements or misrepresentations; (viii) any claim or damages arising as a result of any of your content or anything submitted via your account; (ix) any other’s party access and use of the App with your unique username; or (x) any and all claims or damages (alleged or actual) that arise as a result of a Ride that your provided as a Driver or a Ride you take as a Rider. This indemnification extends to all of the Company’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to the Company. The Company may assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defences.

Additional Requirements for Drivers

10.  In addition to the User Requirements listed above, as a Driver, you are also bound by the following requirements for being a member of the Co-operative:

Applications for Membership 

11.  No person shall be admitted into membership of the Co-operative unless that person has attained the age of 16, supports the aims of the Co-operative and has completed an application for membership which includes an application for at least one share in the Co-operative. Such an application form must be approved by the Directors and the Directors must approve each application for membership.

Member Commitment 

12.  All Members agree to attend general meetings and take an active interest in the operation and development of the Co-operative and its business. Members have a duty to respect the confidential nature of the business decisions of the Co-operative.

Force Majeure

13.  Force Majeure Event: means any circumstance not within a party’s reasonable control including, without limitation: (a) acts of God, flood, drought, earthquake, storm, snow, strong winds, hurricane or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack or threat of terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action (including, without limitation, rail or tube) or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party); (h) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and (i) interruption or failure of utility service.

Driver job cancellations

14.Drivers may receive three warnings for excessive job cancellations. The first warning may be sent as a message, the second warning may be a phone call, the third and final warning may be sent as an email. After the third warning a driver may be suspended for a period of time at the discretion of the Board of Directors.

14.1.   First warning

Message.

It has been brought to our attention that you have cancelled an excessive number of jobs in the past few days/weeks. We ask every driver to only accept jobs that they are able to complete, in order to provide the best service possible. We understand there may be an occasional time when a cancellation cannot be avoided, and this is understandable.

14.2.   Second warning

A phone call

14.3.   Third warning

Email (official warning)

Driver Dispute Process

15.  Complaint made against a driver.

15.1.  Complaint assessed by the Board of Directors.

15.2.  Driver warning on future conduct.

15.3.   Driver suspension.

15.4.   Driver expulsion.

15.5.   Driver appeal at the following AGM.

 

Taxiapp Secondary Rules

Introduction

Taxiapp’s view that every driver should have an equal opportunity to offer their services to bring progressive ideas to help build a forward thinking technology driving business, that will lead the taxi industry into new arenas, by actively contributing free time on a voluntary basis.

1.  Taxiapp’s Core Values

2.  Taxiapp’s core values are the fundamental principles that dictate Taxiapp working in the interests of their members.

3.a.  Every member is an equal owner of the Co-operative.
3.b.  Taxiapp cannot be sold for a profit.
3.c.  No PHV on Taxiapp.

4.  Member’s voting rights

4.1.a.  Board of Director’s. (Reference rules 8.1&2 & 12)
4.1.b.  Changes to the Core Values.
Rule changes.
4.1.c.  Sub Committee. (Reference rules 7.2 & 12)
4.1.d.  Working practices that are not within the taxi industry.

5.  Procedure

5.1.  The procedure to vote on changing the following. Core Values. Rules changes. Working Practice that are not within the taxi industry.

5.2.  Proposed changes by Member’s require full procedural rules to be followed, that being; in the first instance a request should be submitted to the Sub Committee together with a detailed written explanation for the request.

5.3.  The Sub Committee will review the request and their decision is final and conclusive whether it should be submitted to the Board of Directors at the next official Board meeting.

5.4.  The Board of Directors on receiving a Change request may debate the request and may vote on the proposed Change.

5.5.  The Board may decide if the  Change should be submitted to the members to vote.

5.6.  Proposed changes to one or more of the Core Values may be voted on, subject to the Boards decision, once procedure has been followed. The vote would require an EGM and only if the proposed change benefits the members.

6.  Taxiapp political policy

6.1.  Taxiapp is politically neutral and will not endorse nor campaign against any organisation, association, union, political party within or outside of the taxi trade.

7.  Sub-Committee

7.1.  The Sub-Committee will be selected in the first year from Taxiapp’s PR Group. Members would have been active in the Group for a minimum of 6 months. At every subsequent annual general meeting one-third of the Sub Committee, or if the number Is not a multiple of three then the number nearest to one-third, shall retire from office. The Sub Committee to retire shall be the Sub Committee who have been longest in office since their last election. Where Sub Committee have held office for the same amount of time the Sub Committee to retire shall be decided by a lot. A retiring Sub Committee member shall be eligible for re-election.

7.2.  Members who have actively contributed to Taxiapp,by a voluntary minimum of two hours per week. May be permitted to stand for election to the Sub Committee by stating their case of the role they wish to take on and how will they will improve Taxiapp by their contribution.

7.3.  The Sub Committee will comprise of a maximum of nine members [or less]. At the discretion of the Board of Directors.

7.4.  Directors will delegate and direct jobs to the Sub-Committee. Members of the Sub-Committee must be actively engaged on working to to improve Taxiapp or may be deselected by the Board of Directors.

7.5.   One member of the Sub-Committee can be elected by the Sub-Committee to represent them at Board meetings. The period will last a maximum of one term equalling one calendar year.

7.6.  Each year the Sub-Committee will elect a new member to represent them on the Board.  If a representative, for any reason, leaves the position before the completion of the year, a new vote will take place in order to fill the position until the end of the year.  The replacement will be eligible to stand for re-election for an entire year at the next vote.

7.7.   The duties of the member elected by the Sub Committee will be to make  representation of the Sub Committee at Board meetings and to report back to the Sub Committee decisions of the Board of Directors. The Sub Committee member has no voting rights at Board of Director meetings.

7.8.  On completion of a full year, as the representative of the Sub-Committee, the member will be entitled to stand for election to Board of Directors at the AGM.

7.9.  The Board of Directors may at any time fill a casual vacancy on the Sub Committee by co-option. Co-opted individuals must be Members of the Co-operative and will hold the position as Sub Committee only until the next general meeting.

8.  Election to the board of Directors.

8.1.*   At the first annual general meeting all Directors shall stand down  ***(and automatically re elected). At every subsequent annual general meeting one-third of the Board of Directors, or if the number Is not a multiple of three then the number nearest to one-third, shall retire from office. The Directors to retire shall be the Directors who have been longest in office since their last election. Where Directors have held office for the same amount of time the Director to retire shall be decided by a lot. A retiring Director shall be eligible for re-election.

8.2.  Only members that are retired Board members and the representative of the Sub-Committee are permitted to stand for election to the Board of Directors.

8.3.  The Board of Directors can choose to increase or decrease the amount of Directors by a majority vote of the Board of Directors.

8.4.  If for any reason more than one Board member chooses not re stand for election to the Board, the shortfall in Board positions may be made up from the Sub Committee.

9.  Directors Voting

9.1.  All Directors must be given an opportunity to vote by any means on voting proposals.  A simple **majority of 51% shall be valid and effective. The majority vote is final and conclusive.

9.2.*  In the case of equality of votes the status quo shall be maintained.

10.  Powers and Duties of Directors

10.1.  Within the rules of the Co-operative, the day-to-day running of Taxiapp will be managed by the Board of Directors and can exercise such powers, without limits, in the interests of Taxiapp.

10.2.  Transactions that incorporate purchase and/or selling of assets over one million pounds sterling may require the vote of the members.

11.  Directors job description

11.1.  Directors will be given a title and job description that they will be expected to fulfil – updates will be reviewed at Board meetings and the AGM.

11.2.  Members standing for election, to become Directors, must state their case of the role they wish to take on and   how they will improve Taxiapp.

12.  Members voting

12.1.  Each member of Taxiapp is given one vote.

12.2.  All members will be notified of voting resolutions prior to the AGM and voting will be conducted by electronic    means (only) post AGM.

13.  Secretary

13.1.  Means any Board of Director appointed to perform the duties of the Secretary of the Co-operative.

13.2.  Duties to include but not limited to attending Co-operative causes, keeping up with rule changes and  implementing the rules of Taxiapp and the Co-operative

14.  Help and Advice

14.1.  Taxiapp will make every effort to help and advise members with disputes within the taxi industry.  Taxiapp have no legal obligation to help and advise members.

* copied from Taxiapp’s FCA rules dated 26th February 2019

** majority of 51% of votes cast. Abstentions do not count in tallying the vote negatively or positively.

*** agreed with the Co-operatives.