Terms and Conditions – Driver

TERMS of Use

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.appataxi.cab (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  [Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site] AND/OR [You will be required to read and accept these Terms of Use when signing up for an Account].  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. 

Definitions and Interpretation

In these aTerms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“We/Us/Our”

means Appataxi LTD [, a company registered in England under 09272538 , whose registered address is Karoha The Street Acol Birchington CT7 0JA and whose main trading address is

Information About Us

Our Site,www.appataxi.cab is owned and operated by Appataxi , a limited company registered in England under, 09272538 whose registered address is  Karoha The Street Acol CT7 0JA and whose main trading address is as above 

We are a member of Federation of Small Businesses

Terms of Service and features for Drivers

  • This APP allows the driver to be totally independent, you can login as and when you choose, the online and offline button gives you full control of jobs which will allow you to dictate when you want to work.
  • To qualify for the use of this app you will need the following licenses.
  • Hackney licences, or private hire licenses, including operator license.
  • An easy to use App which allows the client to choose their own preferred vehicle and driver.
  • The app enables the customers to make card or cash payments.
  • The price calculator works out the fare at the end of the journey, also the clients can calculate an estimated fare before booking a Taxi.
  • The driver can contact the client via phone or text.

Charges for using the App

Weekly charge £10 + 60p for every job/credit completed,

Features.

Login button, this logs you in to the APP at the start of the day.

Online offline, button keeps the APP open, but allows you to go and return between jobs

Nearby driver, this gives you a list of nearest drivers which you can call direct by just tapping on the driver nearest to your location for help or advise.

How it works.

When a client hires you an icon will appear on the map, request window appears with the option to except reject or call client, once you select except booking, arrived button will appear, when pressed this lets the client know you have arrived, then start ride button will appear, when pressed this starts the fare calculator, once you end the ride a star rate window appears, the fare is automatically paid via credit/debit card, then the fare less 10% will be transferred into the drivers account, ( it is manual transfer so this will take a day or so to complete )

Drivers Terms

Appataxi is a platform that allows the customer to acquire a taxi using a browser from any platform.

    1. You have no rights in relation to our intellectual property rights, copy rights word, graphic, web content, and or any material part or thereof belonging to or in connection with Appataxi.
    2. you can only use Appataxi if you have the following licences and that you are fully self employed, and that you have no standing or claims whatsoever for employment writes,  (Hackney licence, Private Hire and Operators licence ) and that you have up to date documentation from the local authority licensing, including insurance, and current UK driving licence with photo id, all documentation will need to be submitted on registration.
    3. you promise that all information and details you submit to us are true, accurate and up to date at all times;
    4. That you will not unlawfully use Appataxi: in any way that would cause disruption damage or renders Appataxi less efficient; to transfer files that contain viruses, Trojans or any other harmful  programs; to access or try to access other user accounts, or to disrupt security measures; to disseminate any content which is obscene, defamatory, or may have the effect of being threatening, harassing 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 and services ( other than your normal taxi services in the normal course of the use of Appataxi);
    5. To be helpful to the customer to the best of your ability, refrain from doing anything we reasonably believe to be disreputable or capable of damaging our reputation;
    6. That you comply with all applicable laws; and we acknowledge that we have limited control over the nature or content of information transmitted or received by you or other users of Appataxi, we do not monitor the content, but we reserve the right to do so, we will not be liable for any such content;
    7. We have the right for compensation and support from you if any legal claims against us as part of your breach of these terms and conditions;
    8. You are responsible for the well being and safety of the passenger, the contract is between you and the passenger, Appataxi is just a platform for the mobile technology’s, and the prices to the customer are your responsibility,
    9. Please note that we are not responsible or liable for the actions or inactions and behaviour of the customers;   

Access to Our Site

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Accounts

Certain parts of Our Site (including the ability to purchase services from Us) will require an Account in order to access them.

You may not create an Account if you are under 23 years of age. 

When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

We [require] OR [recommend] that you choose a strong password for your Account, consisting of < “a combination of 8 lowercase and uppercase letters, numbers, and symbols”>>.  It is your responsibility to keep your password safe.  [You must not share your Account with anyone else.] If you believe your Account is being used without your permission, please contact Us immediately at   We will not be liable for any unauthorised use of your Account.

You must not use anyone else’s Account, nor allow anyone to use your account.

Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.

If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

[If you close your Account, password you have created on Our Site will be [deleted]

Intellectual Property Rights

With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

You may:

Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

Download Our Site (or any part of it) for caching;

Print [one copy of any] page(s) from Our Site;

Download extracts from pages on Our Site; and

Save pages from Our Site for later and/or offline viewing.

Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]

[Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

Links to Our Site

You may link to Our Site provided that:

you do so in a fair and legal manner;

you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

[You may link to any page of Our Site.]

OR

      1. [You may not link to any page other than the homepage of Our Site, www.appataxi.cab

[Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at appataxi.cab@gmail.com for further information.]

You may not link to Our Site from any other site the main content of which contains material that:

[is sexually explicit];

is obscene, deliberately offensive, hateful or otherwise inflammatory;

promotes violence;

promotes or assists in any form of unlawful activity;

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

is calculated or is otherwise likely to deceive another person;

is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

implies any form of affiliation with Us where none exists;

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

[The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.]

Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

Disclaimers

Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  [Professional or specialist advice should always be sought before taking any action [relating to] OR [on the basis of any information provided on Our Site].]

Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Our Liability

The provisions of this Clause 10 apply only to the use of Our Site.

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

[Our Site is intended for non-commercial use only.]  If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Viruses, Malware and Security

We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

Acceptable Usage Policy

You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12.  Specifically:

you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

[is sexually explicit;]

is obscene, deliberately offensive, hateful or otherwise inflammatory;

promotes violence;

promotes or assists in any form of unlawful activity;

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

is calculated or is otherwise likely to deceive;

is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

implies any form of affiliation with Us where none exists;

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

Policy;

issue you with a written warning;

take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

take further legal action against you as appropriate;

disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from <<insert link to Cookie Policy>> and <<insert link to Privacy Policy>>.  These policies are incorporated into these Terms of Use by this reference.

Changes to these Terms of Use

We may alter these Terms of Use at any time.  [If We do so, details of the changes will be highlighted at the top of this page.]  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Contacting Us

To contact Us, please email Us at appataxi.cab@gmail.com or using any of the methods provided on Our contact page at www.appataxi.cab

Communications from Us

If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  [Email marketing options can also be changed in contactus@www.appataxi.cab If you opt out of receiving emails from us at any time, it may take up to 30 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at appataxi.cab@gmail.com  or via contact us @appataxi.cab

Data Protection

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy <<insert link to Privacy Policy>> [and Cookie Policy <<insert link to Cookie Policy>>].

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [England & Wales] [Northern Ireland] [Scotland].