Please read these Drivers Terms & Conditions (“Terms”) carefully as they govern Your use of the A-Z Taxis Lewes mobile Application (“App/Website”) and any other services made available through the App/Website.
By using the App/Website you agree to be bound by these Drivers Terms & Conditions thus creating a binding contractual agreement between You, the user (“You”/ “Your”/ the “User”) and A-Z TAXIS (Company Number 13613423) with registered office at The Shire House, Firle, Lewes, BN8 6LP, United Kingdom and trading as LEWES TAXI SOUTHEAST LTD Operator LN/202100428 (“Us”/ “We”/ the “Company”).
1. THE SERVICES
The Company operates as an intermediary only connecting Passengers with available Drivers.
a, Parties can use this App/Website in one of two ways, either to offer their services as a Driver (“Driver”) or to find a Taxi/Cab for Hire (“Passenger”) (both “Subscribers”)
This App/Website is not intended for unsupervised use by any person under the age of 21 or by any person who has previously been suspended or prohibited from using the App/Website.
By registering as a Driver you represent and warrant that You:
Are a registered Taxi/Cab Driver with a current valid Taxi/Cab License.
Are registered as self-employed.
Have Appropriate insurance in place to cover Your liabilities if a Passenger is injured or harmed in any way.
You must notify us immediately if your Taxi/Cab License is suspended or revoked and You must discontinue using the App/Website unless and until your black cab license is reinstated.
3. ADHERENCE WITH LAWS AND REGULATIONS
By using the App/Website you agree to comply with all laws and regulations of United Kingdom including but not limited to those pertaining to the operation of vehicles on public roads and driving of vehicles for hire.
You warrant that you have all the necessary licenses, permits and insurances required by law and any regulatory body to allow you to lawfully drive a Taxi/Cab.
In order to use the App/Website You must first register and create an Account.
As part of the registration process You will be required to provide certain personal information, including but not limited to: Your name, Your email address, Your mobile number and Your physical address, Your bank account details and Your license details.
You confirm that any information you give to using the course of completing the account registration process will always be accurate, honest, correct and up to date
We will review your request for an Account and verify your information and you will have to wait until your Account has been activated before you can begin actively using the App/Website.
We may request additional information from you during the verification process. If you do not provide us with information we reasonably request, we may refuse to create an Account for you.
If You provide us with any information which indicates you are not a fit and proper person to be provided with in Account, we may, at our sole discretion, refuse to provide you with an Account.
Your Account is unique to you, and You must not share your account details with anyone else or allow anyone else to use Your account. The safety or your Account and loin details is solely your responsibility, and You accept full responsibility for any activity that takes place using your Account.
We reserve the right, in our absolute discretion, to suspend or cancel your Account or otherwise prohibit you from using the App/Website for any reason, including but not limited to any failure by you to comply with these Terms.
There are two ways in which Passengers may seek to hire a Driver (Fare) and this section sets out more details on how that works and how you would accept such a Fare;
Fares are all charged to Passengers based on the pick-up and drop-off location;
Passengers may either seek a Taxi/cab now (ASAP) or they may choose to make a Pre-booking.
When Passengers make an immediate request the closest driver to their location will be notified through the App/Website of their request;
Drivers are free to either Accept or Reject the Fare.
If a Driver Accepts the Fare then both the Driver and the Passenger will be provided with each other’s contact details and will be able to monitor each other’s location within the App/Website;
If a Driver Rejects a Fare it will be notified to the next closest available Driver. This process will continue until such time as either a Driver Accepts the Fare or the Passenger cancels their request.
A passenger may request a Taxi/cab for a future journey.
Starting the Meter Fare
With a Pre-booking a Driver can start their meter at the pre-booked time.
With an immediate booking the Driver should give passengers 2 minutes from the time they arrive at the pick-up location before starting their meter unless the passenger is in the cab sooner, in which case the Driver can start their meter when the passenger is in the cab.
We make no guarantee that you will get a certain number of Fares or Fares of a certain value in any given period;
Drivers are not obliged to accept any Fare or Booking there are no minimum obligations on the number of hours a Driver needs to work or number of Fares they need to complete in any given period.
By Accepting a Fare you are concluding a contract with the Passenger who engages you to complete the Fare requested.
6. CANCELLATIONS AND NO-SHOWS
By a Driver
You may cancel a Fare at Reasonable time before you pick up a Passenger by clicking the Appropriate link in the App/Website.
You acknowledge and accept that any cancellation of a Fare once accepted may have a negative effect on how other users perceive the Service and therefore agree to complete all Fares in good faith and cancel Fares only with good reason.
We reserve the right to suspend and/or cancel your Account where you repeatedly cancel Fares once accepted.
By a Passenger
A Passenger may cancel a Fare any time pre-booked 3 hours in advance, before You pick them up from the meeting spot. You will receive an in-App/Website notification that the Fare has been cancelled.
For, immediate bookings, a cancellation fee is due to be paid by the Passenger, if You start driving for 2 minutes.
We accept no liability if a Passenger cancels a Fare after you have accepted it and you have no right to claim any compensation from us.
If you arrive at a Pickup Spot and you cannot find your Passenger you should first attempt to contact them in the first instance.
If you continue to be unable to find the Passenger after attempting to contact them then You may mark the Fare as a No-Show after 2 minutes by clicking the Appropriate link within the App/Website.
We accept no liability if a Passenger is a No-Show, and you have no right to claim any compensation from Us.
By default a customer is charged with the cancellation fee in case they cancel an instant or preorder after its acceptance by the driver. However, a customer may give a grace period for cancellation of orders in accepted status. The grace period of 5 minutes is set in cancellation policy. If the order is cancelled within the times set in the given grace period runs out the customer will be charged accordingly.
7. DIRECT COMMUNICATION
You must not communicate directly with a Passenger other than as required in order to complete the Fare.
We reserve the right to suspend or terminate your Account in the event that you contact a Passenger directly other than for purposes of completing a Fare booked through the App/Website.
We do not charge you any fee for downloading and using the App/Website.
We charge the Driver a commission on full fare.
We may charge the Driver a cancellation/ booking fee for any fare a Driver cancels or changes from in-App/Website payment if we have to pay back charges to customer.
Fares may be paid for in cash or by card.
Card payments made through the App/Website are processed through Stripe or PayPal.
We will be paid our commission directly and you will receive the balance of the Fare price.
Drivers are responsible for ensuring any card payments have been made successfully and should therefore clear the payment before the passenger leaves Taxi/cab.
Where payment cannot be successfully taken through the App/Website the Driver should either take payment in cash or using they’re in Taxi/cab’s card payment machine.
When a Fare is paid in cash or using the cab’s card payment machine, the Driver will be responsible for paying our commission to us.
A-Z TAXIS is not an employment agency, and all Drivers acknowledge and accept that their use of the App/Website is on the basis that they are independent, self-employed persons and not employees of the Company.
By signing up to use the App/Website You are agreeing:
to allow us to use your location data in accordance with your in App/Website setting preferences.
To allow us to share such of your personal data with Passenger Users as is necessary to enable us to deliver the services to both you and them.
12. USER OBLIGATIONS
As a Subscriber, you agree:
not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other Subscriber.
not to share your Account with any other person and that any use of your Account by any other person is strictly prohibited.
not to act in any way that may harm the reputation of A-Z TAXIS or associated or interested parties or do anything at all contrary to their interests.
You must not attempt to circumvent the App/Website by attempting to or communicating directly with another Subscriber.
You must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the App/Website without Our express written consent.
You must not use the App/Website in connection with any commercial or money making or other promotional or marketing endeavors except those that are endorsed herein, or as Approved in writing by the Company
Distribute unsolicited commercial content, junk mail, spam, bulk content or harassment or anything of a pornographic or otherwise illegal nature.
13. LIABILITY, INSURANCE AND INDEMNITY
You accept sole responsibility and full liability for any loss, damage or injury suffered by any Passenger as a result of any Fare you complete.
You agree to indemnify and hold the Company, their officers, employees, consultants, agents and representatives harmless against all claims that may arise out of any injury, loss or damage suffered by any Passenger in connection with any Fare you complete.
You are required to maintain valid and current insurance with a reputable insurer to cover any potential liabilities which you may incur, including public liability insurance, PCO insurance, public hire taxi insurance, where Appropriate.
14. AVAILABILITY OF THE APP/WEBSITE
This App/Website is provided on an “As Is” and “As Available” basis with all faults and defect and without warranty of any kind and We accept no liability for any disruption or non-availability of the App/Website at any time and in any geographical location for any duration.
The App/Website is available to download onto your device from the Apple App/Website Store or Google Play store and by downloading the App/Website You agree:
to be bound by the terms and conditions of either the Apple App/Website Store or Google Play store, as the case may be, relating to downloading of App/Websites.
that from time to time, updates to the App/Website may be issued through either the Apple App/Website Store or Google Play store, as the case may be, and depending on the update, you may not be able to use the App/Website until you have downloaded the latest version of the App/Website and accepted any new terms.
You accept all responsibility for the safety and security of any devices onto which you download and use the App/Website from.
We make no guarantee that the App/Website will be available at all times and in all territories
We make no guarantee that the App/Website will operate effectively on any device used by you to access the App/Website.
We reserve the right to suspend, withdraw, discontinue or change the App/Website or any part thereof at any time and without prior notice you.
15. LIMITED LICENSE
You are granted a non-exclusive, non-transferable, royalty free license to use the App/Website but nothing in these Terms shall be deemed to convey to you any rights, title or ownership interests in and to the App/Website or any content made available to you through the App/Website.
You may not use, copy, modify or transfer the App/Website (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this license.
By using the App/Website, you consent to Us collecting and using technical information, and data, about the devices used to access the App/Website and any related software to improve our products and to provide any Services to you.
16. COLLECTION NOTICE AND PRIVACY
17. INTELLECTUAL PROPERTY
The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the App/Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (“App/Website Content”) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to You.
You agree that:
no information owned by Us, including system operations, documents, marketing strategies, staff information and Passenger information, may be disclosed or made available to any third parties; and
all communications involving the details of other Subscribers on this App/Website are confidential and must be kept as such by You and must not be distributed nor disclosed to any third party or other Subscriber without the prior written consent of the Company except as required by law.
19. NO IMPLIED WARRANTY
You acknowledge that, in accepting these Terms, you have not relied on any representations, warranties or other provisions except as expressly provided for in these Terms and any condition, warranty or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
20. NO LIABILITY
To the maximum extent permitted by Applicable law, the Company accepts no liability under or in connection with these Terms, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, except in the case of death or personal injury caused by the Company’s negligence.
To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App/Website, these Terms or their subject matter, or any Fares completed by a Driver.
Except as provided for in these Terms, no failure by the Company to exercise a right or to require You to perform an obligation under these Terms shall amount to a waiver affecting Our ability to exercise such right or require such performance at any time thereafter.
No indulgence for any breach of these Terms shall amount to a waiver of any continuing or subsequent breach of these Terms.
Any term herein which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
23. JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
24. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 shall not Apply to these Terms and use of the App/Website and no third party will have any right to enforce or rely on any provision of these Terms.
You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of the Company.
26. COMPLAINTS AND GRIEVANCES
If You have any complains or concerns with regards to the content of the App/Website or behavior of any Subscriber or any comment on any breach of these Terms or any Intellectual Property right of any Subscriber You should immediately inform Us using the details below:
27. CHANGES TO THESE TERMS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and any such change shall be effective upon publication of the updated Terms on the App/Website.
If a change is material, we will send you a notification (if we have your email address) about any material amendments to these Terms that may be of importance to You but You remain responsible for regularly reviewing these Terms;
By continuing to access or use the App/Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the App/Website.
28. ENTIRE AGREEMENT
29. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of United Kingdom without regard to principles of conflicts of laws.
You irrevocably submit to the exclusive jurisdiction of the courts of England, in respect of any proceedings arising out of or in connection with these Terms or your use of our App/Website.
30. PROMOTIONS, CODES AND COMPETITIONS
A-Z TAXIS LEWES operates as an intermediary only connecting Passengers with available Drivers.
A-Z TAXIS LEWES may, at its discretion, create promotions and equivalent promotional codes that may be redeemed for credit, or other benefits related from time to time to the A-Z TAXIS LEWES services and/or to services provided by a third party, subject to any additional terms that A-Z TAXIS LEWES establishes on a per promotion and promotional code basis.
It may expire prior to your use. A-Z TAXIS LEWES reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions and Promo Codes by you or any other user in the event that A-Z TAXIS LEWES determines or believes that the use or redemption of the Promotion and Promo Code was in error, fraudulent, illegal, or in violation of the Applicable Promotion and Promo Code terms or these Terms.
Furthermore A-Z TAXIS LEWES reserves the right to alter these terms at its discretion