Effective Date: 14/08/2020

TAXIAPP UK PROCEDURE RULES

  1. Rudeness, abuse or violence, threatened or actual, towards clients, other members of staff of TAXIAPP UK.
  2. Conducting him or herself in a manner likely to bring the Co-Operative into disrepute.
  3. Conduct liable to prejudice the Co-Operative.
  4. Arriving at the pick-up point with more than the authorised amount showing on the meter.
  5. Taking a job allocated to another member or pulling off a job without notifying the customer.
  6. Making a journey which is the property of the Co-Operative his/her own.
  7. Data inaccuracies and anomalies.
  8. Failing to complete a journey, as per trip details.
  9. Using a badge number other than their own or allowing another to use their TAXIAPP UK individual login.
  10. Driver must not use his/her mobile phone for personal calls whilst undertaking any trip through TAXIAPP UK.
  11. Accepting and then failing to complete or trying to have recovered a journey.
  12. Failing to keep his/her taxi in good mechanical, clean and presentable condition.
  13. Not producing his/her Motor Cab License as proof that the vehicle is TfL compliant.
  14. Failing to notify the customer if anticipating late for a pick-up.
  15. Accepting a credit card trip booked through TAXIAPP UK and clearing it through a thirdparty causing financial loss to the Co-Operative.
  16. 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

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”).

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

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.

The Company may change these Terms, at any time, without prior notice to you, by posting a new version. The new version will become effective on the date it is posted, which will be listed at the top of the Terms as the Effective Date.  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

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”) .

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

they’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit

  • they can decide what work they do and when, where or how to do it
  • they can hire someone else to do the work
  • they’re responsible for fixing any unsatisfactory work in their own time
  • their employer agrees a fixed price for their work – it doesn’t depend on how long the job takes to finish.
  • they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work
  • they can work for more than one client.

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 ). 

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.

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.

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.

It is up to the Driver to decide whether to offer a Ride to a Rider contacted through the App and 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

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

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

  • “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.
  •  

User Requirements

  1. 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.
  2. 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.
  3. 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.
  4. 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
  5. 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.

As part of Taxiapp co-operative duty towards the safety of our Riders, The Company will 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:

  1. Offensive email
  2. Email threats
  3. Posts and comments on social media and networking sites
  4. Spreading lies and malicious gossip via messaging/chat

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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

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.

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.

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. 

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.

Except as provided for 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.

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

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

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 

1. 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 

2. 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. 

3. In accordance with the Co-operative Principle of education, training and information, the Co-operative shall provide potential Members with information about what the role of a Member is within the Co-operative and will provide training in the skills required to be a Member and to participate in the operation of the Co-operative.