Effective Date: 01/03/2021

TAXIAPP UK (TAXIAPP) is a cooperative  and is registered in England with company registration number RS4578

TAXIAPP provides a taxi and passenger booking platform service. The services are provided under these terms and conditions.

Please read these terms and conditions carefully as they contain important information about your rights and obligations and you will be bound by them.

By making a booking with TAXIAPP, you (the Customer) agree to be legally bound by these terms and conditions. Continued use of the website and/or the TAXIAPP Customer app will constitute your acceptance of these terms and conditions.

1. Booking Service

1.1.TAXIAPP reserves the right in its absolute discretion, and without giving reasons, to reject an customer application and to decline to enter into a contract.

1.3.The customer is responsible for providing accurate information to TAXIAPP 

1.4. TAXIAPP is acting as an agent between the customer and the driver. TAXIAPP offers the booking to a driver and when they accept the booking, a contract is formed between the driver and customer. That contract is subject to these T&C 

1.5. In consideration for the driver carrying out your journey, you will pay that driver either directly by giving them cash or indirectly via TAXIAPP ’ credit card in app payment.

1.6. Bookings are not subject to VAT unless the driver carrying out your booking is VAT registered, in which case VAT will be charged in addition to the fare.

1.6.In respect of Cash and Card Payments, TAXIAPP will issue the customer with an email receipt at the end of the journey.

 

2. Booking Confirmation and Cancellations 

2.1. TAXIAPP may in its absolute discretion without liability and without giving reasons refuse to accept any booking.

2.2. All accepted bookings are confirmed at the time of the booking by the screen on the App. The customer is liable for all applicable charges incurred from the time when the vehicle is assigned to the booking until completion of the assignment or, if sooner, cancellation.

2.3. In the event of cancellation by the Customer or passengers, the Customer may be liable for cancellation charges.

 

3. Pricing

3.1. TAXIAPP prices are set by TfL and customers pay what’s on the meter.

3.2 TAXIAPP can provide fixed prices for journeys based on the distance, pickup and drop off location. There is no minimum price for any booking. The price includes the average cost of pre-booking the taxi including the cost of driving to the pickup point and potential revenue foregone by the driver in making sure they are available at the pre-booked time. 

3.3 Where customers are offered a mileage-based and time fixed price, the price will be based on the quickest journey to the destination rather than the shortest.

3.4 App bookings a  prices range are provided automatically at the time of booking.

3.5 TAXIAPP reserve the right to review prices from time to time and will notify customers if there is any deviation from a written quotation to them.

 

4. Waiting Time and Charges

4.1 Passengers have up to 2 minutes after the booked time to enter the booked taxi before the driver engages the meter.

 

5. Airport Booking Pickups

5.1The cost of the short-term car park is charged to passengers at its cost price and a copy of the ticket can be provided to the customer on request.

 

6. Availability of Taxis

6.1 TAXIAPP offers different type taxis as part of the booking process: either a 5-seat TX4, Electric TX5 6-seat, Mercedes Vito 6-seat or a branded taxi carrying specific advertising. These options are subject to availability. TAXIAPP uses best endeavours to allocate the requested taxi, but reserves the right to change to an alternative taxi with sufficient capacity for the number of passengers and luggage specified in the booking. 

7. Soiling Charge

7.1. In the event of a vehicle being soiled by a passenger, a ‘soiling charge’ will be applied.

8. Customer Obligation 

8.1. The Customer agrees:

8.1.1 To pay all charges arising out of your use of the services which are in accordance with these terms and conditions.

8.1.2. Not to use TAXIAPP for any unlawful or illegal purpose and to comply with all applicable laws;

8.1.3. To treat with respect and not be abusive or violent towards any TAXIAPP employees, staff or other customers;

8.1.4 Not to consume alcohol while in a taxi and we and/or the driver reserve the right to decline carriage to any person who, in our opinion, is intoxicated;

8.1.5. To be responsible at all times for your luggage and acknowledge that no liability is accepted for the loss or damage to any luggage that is transported;

8.1.6. To wear, and to ensure that the passenger(s) wear, a seatbelt at all times whilst travelling in our vehicles;

8.1.7. To indemnify TAXIAPP against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) that arise out of or in connection with a breach of these terms and conditions, any applicable law or your use or misuse of the Website, the App and/or the services;

8.1.8. To be liable for the cancellation fee if the customer cancels a booking outside the time allowed;

8.1.9. To be liable for any soiling or damage to a vehicle caused by passengers travelling on a journey booked by the customer;

8.1.10 To permit charges to the Customer’s credit or debit card to cover any cancellation, repair or cleaning charges pursuant to clauses 8.1.8 and 8..1.9.

9. Extent of TAXAPP Liability 

9.1. Any quoted pick up or journey times are best estimates and TAXIAPP shall have no liability if a pick up or journey time exceeds any estimate given or otherwise exceeds the Customer’s or the passenger(s)’ expectations for whatever reason, nor shall TAXIAPP have any other liability to the customer or the passenger(s) in connection with the time at which the passenger(s) reach or fail to reach the destination.

9.2. TAXIAPP shall have no liability for any damage, loss, costs, claims or expenses (whether foreseeable or not) incurred or suffered by the customer or the passenger(s) (other than in the event of death or personal injury) by virtue of eventualities or occurrences acts or omissions including on the part of the driver outside of the reasonable control of TAXIAPP.

9.3. It shall be for the customer and/or the passenger(s) to ensure that valuable, unusual or any other items are covered by appropriate insurance. TAXIAPP is not liable for any claim for loss of or damage to any such items.

9.4. If TAXIAPP cancels a booking it shall have no liability to the customer or intended passenger(s) if it has used reasonable endeavours to fulfil the booking and to notify the customer of the cancellation. 

9.5. TAXIAPP accepts no liability for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss or damage.

9.6. Any claim or complaint shall be notified by the customer to TAXIAPP within 10 days of the date of the relevant booking taking place.

9.7. Subject to the provisions of this clause 1 and except in the case of death or personal injury, TAXIAPP’ aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £100.

 

10 Use of the App and Website 

10.1. This clause governs the Customer’s use of the Website (Terms of Use). TAXIAPP may revise these Terms of Use at any time. Please check this page from time to time to take note of any changes that have been made because any use of the Website will constitute an acceptance of these Terms of Use.

10.2. TAXIAPP may update the Website from time to time and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and TAXIAPP is under no obligation to update it.

10.3. TAXIAPP  does not guarantee that the Website, or any content on it, will be free from errors or omissions.

10.4. There is no guarantee that the Website, or any content on it, will always be available or uninterrupted. TAXIAPP  may suspend, withdraw, discontinue or change all or any part of the Website without notice and will not be liable to you if for any reason the Website is unavailable at any time or for any period.

10.5. The customer is responsible for making all arrangements necessary in order to have access to the Website and for ensuring that all persons who access the Website through a shared internet connection are aware of these Terms of Use, and that they comply with them.

10.6. The customer is responsible for configuring its information technology, computer programmes and platform in order to access the Website. The Customer should use its own virus protection software.

10.7. The Customer must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The Customer must not attempt to gain unauthorised access to the Website, or any server, computer or database connected to the Website.

10.8. Where the Website contains links to other websites and resources provided by third parties, these links are provided for information only. TAXIAPP has no control over the contents of those third party websites or resources.

10.9. The customer is not permitted to reverse engineer or attempt to reverse engineer the App or any other technology provided by TAXIAPP  in connection with the provision of the Services.

 

11. Alterations to the T&C 

11.1 TAXIAPP may alter these terms and conditions from time to time and post the new version on its website, following which all Bookings will be governed by the new version. The customer must check the terms and conditions on the website regularly. The terms governing the purchase of any Service will be the terms in place at the time of the booking concerned.

 

12. Intellectual property Ownership 

12.1. TAXIAPP  (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the App and the services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the App or the services.

12..2. These terms and conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Services, or any intellectual property rights owned by TAXIAPP.

12..3. TAXIAPP’ name, logo and the product names associated with the App and the services are trademarks of TAXIAPP or third parties, and no right or license is granted to use them other than to use our services in accordance with these terms and conditions.

 

13. Severance

13.1 If any part of these terms and conditions are found to be unlawful, invalid or unenforceable, that part shall be deemed to be deleted and the remaining terms and conditions shall not be affected and shall continue to apply in full.

 

14. Third Party Rights

14.1 No rights shall arise under or in connection with these terms and conditions to any person who is not a party to them.

 

15. Applicable Law

15.1 The laws of England and Wales apply to these terms and conditions and any dispute relating to the provision of services by TAXIAPP shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

 

16. Data Protection 

16.1 TAXIAPP is committed to protecting and respecting your privacy, and this section explains how TAXIAPP collects, stores and uses personal data. Under the Data Protection Act 1998, TAXIAPP is the data controller.

16.2. Data Protection: Data types that TAXIAPP may collect and store are as follows:

16.2.1. Personal and company information that may be provided by the customer, via a telephone call, website or from the mobile platform, for booking and use of TAXIAPP services. This includes but is not limited to, the customer and/or passenger name, home/work addresses, telephone numbers, email addresses, and details of journeys you have taken with TAXIAPP including times and location data.

16.2.2. All correspondences and transactions may be recorded for future transactions between TAXIAPP and the customer.

16.2.3. Phone calls to TAXIAPP may be recorded for quality and training purposes. This includes but not limited to enquiries, bookings, complaints and or sales/accounts information.

16.2.4. Website and booking platforms collect cookies to distinguish customers on the websites. The customer can block cookies by activating the setting on the browser.

16.2.5. The TAXIAPP booking app uses location-tracking technology. When you use one of our location enabled services, we may collect and process information about your actual location. The customer can turn off location services within the device, by doing so certain services may not be available.

16.2.6. The data is stored on the TAXIAPP control panel with encrypted passwords. All enquiries on data retention, requests for or removal of personal data must be sent to support@taxiapp.uk.com

 

17. Privacy and Cookies

17.1. TAXIAPP will not disclose customers personal information unless and only to the extent, and in such manner, as indicated in these terms and conditions, or as required by any law or regulatory body.

17.2. TAXIAPP  uses the customer’s personal information to provide the company’s services both internally and to the customer. The customer’s information may be used to inform the customer of any changes or updates and generally where we reasonably believe that to contact you will enhance your experience of our service.

17.3. TAXIAPP  will not disclose any personal information with other people or companies outside of our group of companies; however we may share aggregated and anonymised data of which the customer’s data may form a part with third parties. TAXIAPP will take all steps necessary to ensure that the customer’s data is treated securely and in accordance with this privacy policy.

17.4. All data is stored on the TAXIAPP control panel. 

Unfortunately, the transmission of information via the intranet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site or our app; any transmission is at your own risk.

 

17.5. If you have already registered with TAXIAPP and would no longer like to receive updates or the promotional information as described above, just click on the unsubscribe link in the last email you have received.

17.6. For journeys paid for by credit card, you agree that TAXIAPP may carry out pre-authorisation checks on the credit card and in the event that such checks fail, TAXIAPP has the right not to provide you with the services.

17.7. Cookies: Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our Website. By using the Website, you expressly agree to the use of cookies as described above.

18. Force Majeure

18.1. 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.

 

 

 

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.

·  

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 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.

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.