Customer's Terms and Conditions of Use.
The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and TAPBLACKTAXI (SW London Taxi Ranks Ltd) (the "Company"). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the "Service"), and downloading, installing or using any associated application supplied by the Company which purpose is to enable you to use the Service (collectively, the "Application"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at http://www.tapblacktaxi.com/terms.php or through the Service. The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
1. KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Company Content” means Content that the Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content. “User” means a person who accesses or uses the Service or Application. “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application. “Collective Content” means, collectively, Company Content and User Content.
2. REPRESENTATIONS AND WARRANTIES
By using the Application or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years old. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Application or Service. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device. By using the Application or the Service, you agree that: You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes. You will not use the Service or Application to cause nuisance, annoyance or inconvenience. You will not impair the proper operation of the network. You will not try to harm the Service or Application in any way whatsoever. You will not copy, or distribute the Application or other content without written permission from the Company. You will only use the Application and Service for your own use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service. You will provide us with whatever proof of identity we may reasonably request. You will only use an access point or 3G data account (AP) which you are authorized to use. You are aware that when requesting transportation services by SMS, standard messaging charges will apply.
3. LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
LICENSES GRANTED BY COMPANY TO COMPANY CONTENT AND USER CONTENT Subject to your compliance with the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
4. LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. The Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to the Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or the Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5. APPLICATION LICENSE
Subject to your compliance with this Agreement, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
6. ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES/APP STORE/GOOGLE PLAY/WINDOWS PHONE STORE
The following applies to any App Store/Google Play/Windows Phone Store Sourced Application: You acknowledge and agree that (i) this Agreement is concluded between you and the Company only, and not Apple/Google/Microsoft, and (ii) the Company, not Apple/Google/Microsoft, is solely responsible for the App Store/Google Play/Windows Phone Store Sourced Application and content thereof. Your use of the App Store/Google Play/Windows Phone Store Sourced Application must comply with the App Store/Google Play/Windows Phone Store Terms of Service. You acknowledge that Apple/Google/Microsoft has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store/Google Play/Windows Phone Store Sourced Application. In the event of any failure of the App Store/Google Play/Windows Phone Store Sourced Application to conform to any applicable warranty, you may notify Apple/Google/Microsoft, and Apple/Google/Microsoft will refund the purchase price for the App Store/Google Play/Windows Phone Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple/Google/Microsoft will have no other warranty obligation whatsoever with respect to the App Store/Google Play/Windows Phone Store Sourced Application. As between the Company and Apple/Google/Microsoft, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company. You and the Company acknowledge that, as between the Company and Apple/Google/Microsoft, Apple/Google/Microsoft is not responsible for addressing any claims you have or any claims of any third party relating to the App Store/Google Play/Windows Phone Store Sourced Application or your possession and use of the App Store/Google Play/Windows Phone Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store/Google Play/Windows Phone Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App Store/Google Play/Windows Phone Store Sourced Application or your possession and use of that App Store/Google Play/Windows Phone Store Sourced Application infringes that third party’s intellectual property rights, as between the Company and Apple/Google/Microsoft, the Company, not Apple/Google/Microsoft, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and the Company acknowledge and agree that Apple/Google/Microsoft, and Apple/Google/Microsoft’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store/Google Play/Windows Phone Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple/Google/Microsoft will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store/Google Play/Windows Phone Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store/Google Play/Windows Phone Store Sourced Application. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks. The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that the Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
7. COPYRIGHT POLICY
The Company respects copyright law and expects its users to do the same. It is the Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the Company’s Copyright Policy at http://www.tapblacktaxi.com/terms.php#copyright, for further information.
8. PAYMENT TERMS
Any fees that the Company may charge you for the Application and/or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application and/or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing. The Company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Application and other services.
9. INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, other brand identity materials and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
10. THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Service or Application should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company's website located at http://www.tapblacktaxi .com. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and other agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
12. DISCLAIMER OF WARRANTIES
The Company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or application. the Company does not represent or warrant that (a) the use of the service or application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the service or application will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects in the service or application will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and application is provided to you strictly on an "as is" basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Company. The Company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or application. You acknowledge and agree that the entire risk arising out of your use of the application and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
13. INTERNET DELAYS
The Company's service and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
14. LIMITATION OF LIABILITY
In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service or application, including but not limited to the use or inability to use the service or application, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or application, even if the Company and/or its licensors have been previously advised of the possibility of such damages. The Company may introduce you to third party transportation providers for the purposes of providing transportation. We will not assess the suitability, legality or ability of any third party transportation providers and you expressly waive and release the Company from any and all any liability, claims or damages arising from or in any way related to the third party transportation provider. You acknowledge that third party transportation providers providing transportation services requested through the Company may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. The Company will not be a party to disputes, negotiations of disputes between you and any third party providers. We cannot and will not play any role in managing payments between you and the third party providers. Responsibility for the decisions you make regarding services offered via the application or service (with all its implications) rests solely with you. we will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from your use of the application or service, or in any way related to the third parties introduced to you by the application or service. You expressly waive and release any and all rights and benefits. The quality of the transportation services scheduled through the use of the service or application is entirely the responsibility of the third party provider who ultimately provides such transportation services to you. You understand, therefore, that by using the application and the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the application and the service at your own risk.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 24 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): SW London Taxi Ranks Ltd - TAPBLACKTAXI, c/o Blythe & co, 41 Oldfields, Sutton, Surrey SM1 2NB - Tel 0203 369 2494, addressed to the attention of: The Manager.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
17. EXPORT CONTROL
You agree to comply fully with all EU and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or (ii) that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18. DISPUTE RESOLUTION
You and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. In this Agreement singular shall mean the plural and the masculine gender shall mean the feminine gender or vice.
These Terms and Conditions were last updated on 3 Oct, 2014.
Driver's Terms and Conditions of Use.
is a technology platform that brings together global service providers with
mobile customers provided by ("TAPBLACKTAXI", "we",
"us" and "our", otherwise known as the “Company”),
registered at SW London Taxi Ranks Ltd - TAPBLACKTAXI, c/o Blythe & co, 41
Oldfields, Sutton, Surrey SM1 2NB - Tel 0203 369 2494, email
email@example.com. For information on how we will use your personal data,
Service (for passengers) here.
The duties of a Hackney Carriage Vehicle (Taxi) and its Driver.
London's famous taxis (black cabs) can be picked up from designated taxi ranks, hailed on the street or booked in advance.
Only taxis have the right to ply or stand for hire and it is an offence under section 8 of the Metropolitan Public Carriage Act 1869 for any vehicle other than a licensed taxi to ply for hire.
Plying for Hire
Only vehicle that are licensed by a local authority as a Hackney Carriage (Taxi) can Ply for Hire within their controlled licensing area within England & Wales. It is the Hackney Carriage vehicle (Taxi) that is plying for hire, NOT the driver.
A Hackney Carriage vehicle (Taxi) can only ply for hire on a standing (Rank) or when coming to a stand (stationary) once it has stopped as a street hail. It is not deemed to be plying for hire if it is moving, held up in traffic or on a designated parking space. (Act of 1843 s33)
Rank or Street Hailing
The customer instructs the driver as to where they require to be taken in the taxi, the driver engages the meter if the journey is within the compellable distance I2 miles (20 miles in the case of hiring’s from Heathrow Airport) or the duration of 1 hour or not outside their controlled licencing area (excluding suburban drivers who are compelled to accept a hiring outside of their controlled licencing area within the Met/GLA). The hiring commences at the time the driver gets their instructions and the meter is engaged. (Act of 1831 s35 and s36; Act of 1853 s7 and s17; Act of 1968 s3; Order of 1972 para. 3)
Pre-booking Radio Hiring
A hiring that takes place anywhere other than that above where the taxi is allocated a hiring and directed to the pickup point. The hiring commences at the time the meter is engaged. That could be where a run in price has been agreed in advance or at the actual pickup point itself.
Telephone App Hiring
A hiring that takes place anywhere other than that above, where the taxi is allocated a hiring and directed to the pickup point and the meter is not engaged for up to 5 minutes, or when the customer gives the driver instructions and the destination point. It is then when the meter is engaged that the hiring takes place.
Setting taxi meter in motion (Order of 1934 para. 39)
Setting the meter mechanism in motion as soon as the taxi is hired and no sooner and stop it as soon as the hiring is terminated and no sooner.
A Hackney Carriage (Taxi) is not deemed to be hired unless the meter mechanism is set in motion. A taxi driver must set the meter mechanism in motion as soon as the taxi is hired and no sooner and stop it as soon as the hiring is terminated and no sooner (Penalty Level 1).
Any hiring undertaken by a licensed taxi whatever form it undertakes the meter has to be engaged be it an immediate hiring (Here and Now) or a Pre-booked hiring.
An immediate hiring is when the meter is set in motion at the time of hiring. i.e. Rank or Street hail.
A Pre-booked hiring is when the allocation and acceptance of the hiring has a time and distance delaying factor before the meter is set in motion.
As soon as possible (A.S.A.P.) is not the deciding factor to when the hiring starts, it’s the setting in motion of the meter that determines that.
(i) "Taxi (s)": Users must register as taxi drivers on the Application and that is accepted by the Company to participate in the project; (ii) "Passenger (s)" means any User who signs up and registers as passengers on the Website; (iii) "Services" means the passenger transport services through taxi’s and similar provided by the taxi drivers to the Passengers. (iv) “Application”: software application, including but not limited to iOS the Company Driver app, Android the Company Driver app, that consists in a specialize service with the purpose to optimize the Taxi request service, however without creating any employee relationship with the Taxi (v) "User": Taxi Drivers. (vi) “the Company representative”: a Company that is responsible for operations of the Company network in a given city or area. Local representative is responsible for: registering drivers in the system, collecting payments from drivers if there is no automated system, distribute prepaid cards for driver’s balance, provide technical and informational support to drivers.
2. REGISTRATION AND USE OF THE SYSTEM
You can only use the App if you are a licensed Hackney carriage taxi driver. You must provide all information on the drivers application form. (see website)
These details are checked with TfL and we reserve the right not to allow you to register if you do not provide the information required.
Drivers must not pass on any information to a third party.
Our policy on cancellations & rejections is to accept reasonable notice. No fee will be charged. However persistent cancellation & rejections will result in termination of use of App facility.
No booking fees will be added.
No Run In fee will be charged.
No credit card fee will be charged to customer.
We charge the metered fare only.
We operate a "Pay As You Go" weekly fixed subscription charge. No long term contract.
a) When registering, the User agrees (i) and promises that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the Company app; (ii) your use of the Company grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the Company software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Company services in accordance with these Terms; (iii) that you will not use the Company: for any unlawful purpose; in any way that interrupts, damages, impairs or renders the Company less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your taxi services in the normal course of the use of the Company); (iv) and warrants that: you have all the appropriate licenses, approvals and authority to provide taxi services to passengers; that you own or have the legal right to operate the vehicle you use when using the Company and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services; (v) that by registering he will be scrutinized to be accepted by the Company who may refuse or cancel his user account at any time, whether by complaints or by internal policy; (vi) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation; (vii) and acknowledges that we have limited control over the nature and content of information and chat transmitted or received by you or other users of the Company. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or website; (viii) that you will comply with all applicable laws and be responsible for the provision of your taxi services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving); (ix) to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms. b) Only those individuals who have full legal capacity are allowed to participate in the project. People who do not enjoy this capability, among them under aged, should be assisted by their legal representative. c) The Company further reserves the right to use all legal means possible and to identify its users, as well as to request, at any time, additional data and documents it considers appropriate in order to verify personal data informed by the user. e) The Company is not liable for any damage resulting from the disclosure of the password to third parties. You shall be solely responsible for this. f) You may not transfer in any way, the user's registration to a third party. g) Any contract for the provision of taxi services is between user and the passenger and not The Company and we simply provide a platform to introduce drivers and passengers.
3. LIMITATION OF LIABILITY
a) The Company does not provide transportation services by taxi, serving only as an intermediary in order to optimize the scheduling service for the taxi. The user acknowledges and agrees that the Company is not liable for any act or omissions committed by any user, whether by robbery, commitment break as a result of any act, discussions, and others including the effective fulfilment of the obligations assumed by the users and loss not being for tax purposes. The user acknowledges and agrees that, by registering and accepting the policy of the service, do so at his total means and exclusive risk. b) The Company does not guarantee that the system will be available without any interruption and that it will always be error-free, and therefore, shall not be liable for damages caused to users, and that it is also not responsible for any issues that arise during the taxi ride, such as accidents, delays, or car discomfort. c) You agree that the Company is also not responsible for any damages or losses caused to your computer or other devices as a result of using the Application. d) The Company is not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar. e) User agrees to indemnify and hold harmless the Company and its representatives from any claims, suits, losses, liabilities, damages and expenses, including reasonable attorneys' fees and court costs for the damage they cause.
4. EVALUATION OF USERS
It is a choice for the PASSENGER to evaluate the TAXI DRIVERS who transported them, assigning scores or commenting their service. Evaluations shall be for the exclusive use of the Company in order to better serve the PASSENGER, and may even block the TAXI DRIVER in case of several complaints. The Company reserves the right to use the evaluations to improve the service, whether for internal or external usage.
a) The Company reserves the right to block any user on its platform should it suspect said user is attempting to abuse the platform or mislead taxi drivers, the Company employees, partners or other users through the platform. These actions include, but are not limited to: using stolen credit cards, requesting taxis without the intention to board them, not paying for the service, and constantly cancelling requests before the taxi arrives.
We may terminate or adjust these terms & condition and cancel your registration giving 7 days’ notice in writing.
7. PAYMENT AND CREDIT CARD PROCESSING
a) Users understand and agree that payment must be provided to the Company representative regardless of any malfunction of the mobile application. In particular, when using the payment functionality in the app, users accept that there might be circumstances beyond the Company's control that might cause a credit card to be rejected, and that, in such circumstances, the user must reach an alternative payment method with the Company local representative. b) User understands and agrees that orders (instant and scheduled bookings, jobs) and customers (passengers) coming from Application are not free and the cost of each order or customer will be either - deducted from user’s prepaid balance or - included in monthly payment that user makes to the Company representative c) Payments made with credit/debit card through the Company app are collected by Braintree. d) User might be charged an additional fee of up to 10 percent.
a) The Company grants to the User a limited, personal, non-exclusive, non-transferable, non-commercial and fully revocable license to use the Application on his mobile or computer, in conformance and agreement of the terms contained in this Agreement. The Company reserves all rights to the Application not expressly granted here. b) The Company is not liable for any damage suffered by the User who has copied, transferred, distributed or used any Application protected content, violating the rights of others.
10. COPYRIGHT POLICY
The Company respects copyright law and expects its users to do the same. Use of the service does not transmit any intellectual property rights between the Company and its users. Users agree not to steal and/or publish, without the Company explicit consent, any material, screens or artwork presented by the application during the use of the service. Please see the Company’s Copyright Policy for further information.
11. GENERAL CONDITIONS
These Terms and Conditions were last updated on 3 Oct, 2014.
NOTIFICATION OF COPYRIGHT INFRINGEMENT:
TAPBLACKTAXI (the “Company”) respects the intellectual property rights of others and expects its users to do the same. These guidelines are for the Company licensees, authorized resellers, developers, customers, and other parties wishing to use the Company’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Using it for commercial purposes without the prior written consent of the Company may constitute trademark infringement and unfair competition in violation of Estonian laws. Use of the Company trademarks may be prohibited, unless expressly authorized. If you are a licensee of the Company trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are the Company Authorized Reseller or member of the Company program, you may be subject to additional restrictions. It is the Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc Directive). The Company will respond expeditiously to claims of copyright infringement committed using the Company website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to the Company’s Designated Copyright Agent, identified in the sample notice below. The Company’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using the Company trademark, in whole or in part, you are acknowledging that the Company is the sole owner of the trademark and promising that you will not interfere with the Company’s rights in the trademark, including challenging the Company’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Company trademark. The goodwill derived from using any part of the Company trademark exclusively inures to the benefit of and belongs to the Company. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following Notice of Alleged Infringement and delivering it to the Company’s Designated Copyright Agent. Upon receipt of the Notice as described below, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found. Provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to the Company Designated Copyright Agent:
Taxi Ranks Ltd - TAPBLACKTAXI, c/o Blythe & co, 41 Oldfields, Sutton,
Surrey SM1 2NB - Tel 0203 369 2494 - Email: firstname.lastname@example.org (put
“COPYRIGHT” in the Subject line).
This Copyright policy was last updated on 3 Oct, 2014.
"User" means a person who has signed up and is registered with the Company for the use or potential use of the Service. "Partner" means the party having sole responsibility for the driving transportation service. "Driver" means the person who is an employee or business partner of, or otherwise retained by the Partner and who provides the ride to the User. 'Vehicle' means a vehicle that is owned and/or used by a Partner to provide the ride or to provide other services.
Collection and Use of Personal Information
Collection and Use of Non-Personal Information
Children under the age of 18
The Company cares about the safety of children. Because the Service is not directed towards children under 18, they are not allowed to register with or use the Service, or provide personal data. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a child under 18, we will delete that information immediately.
3. USING OF PERSONAL INFORMATION
3.1 TECHNICAL AND FUNCTIONAL MANAGEMENT OF THE WEBSITE AND APP
3.2 CUSTOMER SERVICE
3.3 ENHANCING YOUR EXPERIENCE GEO-LOCATION INFORMATION
When you use the App through your mobile device, and only if you have consented thereto, we will track your geo-location information, on a real time basis only. We use this information to allow you to view the Drivers in your area that are close to your location, set your pick up location and send it to the requested Driver, and see the requested Driver approaching on a map in real time. We may also use this real-time geo-location information to address user or driver support, technical, or business issues that may arise in the course of your use of the App. If you contact our customer service while on a ride, and it is necessary to use your real-time geo-location information to address your question, our support personnel will seek your consent before consulting your real-time geo-location. In addition, your choice to use some of the features of the App during the ride, for example, 'Share my Ride' will allow you to share your geo-location information with those persons with whom you choose to share such information. You can also decide to share your estimated time of arrival (ETA) with one of your contacts. In that case the App will automatically send your contact a one-time text message from your contact list informing him or her of your ETA. If you do not consent to the tracking of your geo-location, you will still be able to use the basic features of the App. You may at any time withdraw your consent in your user account. Further, you can turn the geo-location tracking off at the device level, also temporarily. Your mobile device informs you when geo-location is tracked by displaying the GPS arrow icon. If you are traveling in a Vehicle, we will collect the Driver's geo-location information from the Driver's mobile device. Because you are travelling in the Vehicle, this means we will also indirectly collect your location information. This information is necessary to calculate your fare, send you a receipt showing the route of the ride, allow you to view your trip history in your user account, and handle complaints from you or Drivers. We will also use the Driver's geo-location information in an anonymised and aggregated form in order to generate statistical information and management information and to provide you with increased App functionality.
When you request transportation via your use of the App, we provide your first name or last name to the Driver/Partner who accepts your request for transportation so that the Driver may contact and find you.
If you choose to upload a photo to your user account, your photo will be viewable by the Driver who is picking you up so that the Driver is able to verify your identity. You may remove or replace your photo at any time by logging into your account on the Website.
TELEPHONE NUMBER AND PUSH NOTIFICATIONS
If you have requested a ride through the Website or the App, from the time that your ride request is accepted by the Driver, until you reach your destination, you and the Driver will have the ability to contact each other, via the mobile phone used to request the ride. During that time and only if you have consented we will send you push notifications to your mobile phone to let you know if the Driver is on his way to your location and again when he has arrived at your location. To send you push notifications we will process your telephone number. If you do not want to receive push notifications you can always withdraw your consent by changing your settings via the settings page of your mobile telephone.
3.4 PROCESSING PAYMENTS
When you register as a User, your credit card information is provided to our payment processing provider Braintree Payment Solutions, LLC. in order to process payments for your requests or rides. The Company itself only collects the first six (the BIN numbers) and the last four digits of your credit card number, the expiration number and (for the US) your zip code. We use this information to prevent fraud.
The Company may use your contact details to send you general updates regarding Company news, special offers and promotions. You may at all times opt-out of receiving these updates.
3.6 GENERATING MANAGEMENT INFORMATION AND STATISTICAL DATA
The Company uses your personal data in an anonymised and aggregated form to closely monitor which features of the Service are used most, to analyse usage patterns and to determine where we should offer or focus our Service. We may share this information with third parties for industry analysis and statistics.
3.7 ADMINISTRATING JOB APPLICATIONS
If you wish to apply for a job on our Website we will collect personal information such as your name, email address, phone number and additional information such as resume and gender. We use the information collected within this area of the Website to register and process your application, to determine your qualifications for the position for which you have applied and to contact you.
If you choose to use our referral feature in the App to tell a friend about our Service, you will be prompted to enter your friend's email address or mobile phone number or log into your preferred social network. If you elect to refer a friend, we will automatically populate a message for you to send to your friend inviting him or her to try the Service on your behalf, however the actual message will be sent via your mobile device or social network and you will be able to edit the final message before you send it. We do not store your friend's data.
3.9 ADMINISTRATING PUBLIC FORUMS
4. OUR DISCLOSURE OF YOUR INFORMATION
We may employ third party companies and individuals to facilitate or provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our Drivers, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website's features) or to assist us in analysing how our Service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose. The Comp[any will disclose your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defence of legal claims and legal process; or in the event of an emergency pertaining to your health and/or safety.
5. YOUR RIGHTS
The Company has taken appropriate technical and organizational security measures against loss or unlawful processing of your personal data. To this purpose, your personal data are securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) as well as physical safeguards of the locations where data are stored. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to the Company is at your own risk. We recommend that you do not disclose your password to anyone.
The Website uses "cookies". A cookie is a small text file that we place on your computer or mobile device to enable various features of the Website. You can change your cookie settings to accept or not accept cookies in your browser settings.
THE WEBSITE USES THE FOLLOWING COOKIE CATEGORIES:
We may update this privacy statement to reflect changes to our information practices. We encourage you to periodically review this page for the latest information on our privacy practices.
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