"Booking Service" means the booking service provided by Us as an agent for the Service Provider to You.
"Client/You" means You, the client, who use the Booking Service provided by Us.
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"Collective Content" means, collectively, Our Content and User Content.
"Our Content" means Content owned or used by Us, our affiliates or licensors and made available through the Website, the W&A Services or the Application, including any Content licensed from a third party, but excluding User Content.
"Licences" means the licences granted by Us to You in accordance with paragraph 1 and 3 of Schedule 1.
"Regulations" Private Hire Vehicles (London) Act 1998 and the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000.
"Service" means the transportation service, which shall be provided to You by the Service Provider.
"Service Provider" means the provider of transportation service licensed in accordance with the Regulations.
"User" means a person who accesses or uses the W&A Services or the Application.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the W&A Services or the Application.
"User Licence" means a licence granted by the User to Us in accordance with paragraph 2 of Schedule 1.
"We/Us/Our(s)" means AAT Taxi Ltd, a limited liability company, companies house registration No. 09434808, with its registered office located at 195 Hersham Road, Hersham, Walton-On-Thames, Surrey KT 12 5NR and the Private Hire Vehicle Licence No. [ ].
"Website" shall mean www.taxi4six.com.
"W&A Services" means all and any services, recommendations and/or information received by You using the Website and/or the Application.
2. Acceptance of Agency Relationship and Prices
2.1 Agency Relationship
We act as an intermediary between the Client and the Service Provider and accept bookings acting as an agent for the Service Provider. Such acceptance by Us as agent gives rise to a contract for the provision to the Client of the Service between the Client and the Service Provider (the "Contract"). The Client acknowledges and agrees that the provision to the Client of the Service by the Service Provider is pursuant to the Contract and that We accept the Client’s booking as agent for the Service Provider, but We are not a party to the Contract.
2.2 Our Right to Charge Fees
We do not charge for the Booking Service We provide. Notwithstanding that, We reserve the right to introduce such a fee, in which case, We shall inform You accordingly and allow You to either continue or terminate the booking service at Your option.
2.3 Prices of the Service Provider
The rates that apply for the Service provided by the Service Provider can be found on the Website and through the Application. These may be modified or updated from time to time. It is Your responsibility to remain informed about the current rates for the Service.
3.1 Agreement between us and Your Account
3.1.2 In order to be able to use the W&A Services, You first need to set up Your personal account with Us. In order to do so, You must first provide Us with Your personal information, mobile telephone number and credit card data. Upon successful completion of Your signing up with Us, We will provide You with a personal account, accessible for You with a password of Your choice.
3.2 The W&A Services
3.2.1 The W&A Services shall be provided as set out in this Clause 3.3. You hereby acknowledge and agree that the provision to You of the Service by the Service Provider is pursuant to the Contract and that We are not a party to the Contract.
3.2.2 In order to use the W&A Services You should first install the GPS receiver on the mobile device on which You have downloaded the Application.
3.2.3 The GPS receiver will detect Your location.
3.2.4 When You make a booking that is accepted by Us, You will be provided, via the Application with information regarding the Service Provider, including identity, vehicle licence number, and customer service rating.
3.2.5 You will also be provided with the ability to contact the Service Provider by telephone and to view the Service Provider's progress towards the pick-up point, in real time.
3.3 Your Use of W&A Services
3.3.1 You warrant that the information You provide to Us is accurate and complete. We are entitled at all times to verify the information that You have provided and to refuse the W&A Services without providing reasons.
3.3.2 You may only access the W&A Services using authorized means. It is Your responsibility to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the use of the W&A Services should You be using the Application or the W&A Services with an incompatible or unauthorized device.
3.3.3 By using the W&A Services, You further agree that:
(a) You will only download the Application or use the W&A Services for Your sole, personal use and will not sell, assign and/or otherwise transfer them to a third party;
(b) You will be the sole and only user of Your account;
(c) You will not obstruct the proper operation of the network;
(d) You will not try to damage the Application or the W&A Services in any way whatsoever;
(e) You will not copy, or distribute, the Application or other content owned or used by Us, our affiliates or licensors and made available through the Website and/or by any other means using the W&A Services, without Our written permission;
(f) You will only use an access point or 3G data account (AP) which You are authorized to use;
(g) You are aware that when You choose to communicate with Us by SMS, standard messaging charges will apply;
(h) You will not use the Application or the W&A Services with an incompatible or unauthorized device;
(i) You will comply with all applicable law while using the Application and/or the W&A Services.
3.3.4 We reserve the right immediately to terminate the use of the Application and/or the W&A Services should You not comply with any of the above Conditions.
3.4.1 You will make payment to Us, acting as agent for the Service Provider, in respect of the Service. You agree that You will pay for the Service You purchase from the Service Provider. You agree that We may charge Your credit card account, as provided by You when registering for the W&A Services, for the Service (including any taxes and late fees, as applicable, that may be accrued by or in connection with Your account. You are responsible for the timely payment of all fees and for providing Us with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
(b) Your violation of any rights of any third party, including Service Providers arranged via the Application, or
(c) Your use or misuse of the Application or the W&A Services.
3.6.1 The information, recommendations and/or services provided to You through the W&A Services is for general information purposes only and does not constitute advice. We will use reasonable endeavours to keep the Website and the Application correct and up to date but do not guarantee that (the contents of) the Website and/or the Application are free of errors, defects, malware and viruses or that the Website and/or the Application are correct, up to date and accurate.
3.6.2 We shall not be liable for any damages resulting from the use of (or inability to use) the W&A Services, including damages caused by malware, viruses or any incorrectness or incompleteness of information or the Website or the Application, unless such damage is the result of any wilful misconduct or gross negligence on Our part. The above does not exclude any responsibility for death or personal injury.
3.6.3 We shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with the Website and/or the Application, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
3.6.4 Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Our aggregate liability to You shall in no event exceed an amount of £300 or, where applicable, the equivalent of that amount in the currency used by You for the payment for the Service provided to You by the Service Provider.
3.6.5 The quality of the Service requested through the use of the Application and/or the W&A Services is entirely the responsibility of the Service Provider who provides the Service to You. We under no circumstance accepts liability in connection with and/or arising from the Service provided by the Service Provider or any acts, actions, behaviour, conduct, and/or negligence on the part of the Service Provider or its employees. Any complaints about THE Service provided by the Service Provider should be submitted to the Service Provider.
3.7 Intellectual Property
3.7.1 We alone (and Our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the Application and the W&A Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Website, the Application or the W&A Services.
3.8 Grant of Licence
3.8.2 You hereby grant Us the User Licence.
3.9 APP Store sourced application
3.9.1 With respect to an Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), You will use the App Store Sourced Application only:
(a) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and
3.9.2 You acknowledge and agree that:
(b) We, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
3.9.3 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
3.9.4 In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility.
3.9.5 You and We acknowledge that, as between Us and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the App Store Sourced Application or Your possession and use of the App Store Sourced Application, including, but not limited to:
(a) product liability claims;
(b) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation.
3.10 Third Party Interactions
3.10.1 During the use of the Website, the Application and the W&A Services, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third parties. These links take You off the Website, the Application and the Services and are beyond Our control.
3.10.3 Please note that such websites may send their own cookies to users, collect data and/or solicit personal information, and You are therefore advised to check the terms and conditions of use of such websites prior to using them.
3.11 Term and Termination
3.11.2 You are entitled to terminate the Agreement at any time by permanent deletion of the Application installed on Your smart phone, thus disabling the use by You of the Application and the W&A Services. You can close Your user account at any time by following the instructions on Our website.
(b) in Our opinion, misuse the Application or the W&A Services.
4. Limitation of Liability
We will not be liable to You in respect of any acts or omissions of Our employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms and Conditions will limit or exclude Our liability to You for personal injury or death caused directly by Our negligence.
5. Privacy and cookie notice
We collect and process the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.
The provisions of these Terms and Conditions are severable and distinct from one another, and, if at any time any of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the others shall not in any way be affected or impaired thereby.
Any notice given by Us may be given on the Website or sent to the email address You provided to Us when You registered for the W&A Services, or via the Application.
You may not assign any of Your rights under these Terms and Conditions.
9. Applicable Law and Jurisdiction
These Terms and Conditions and any disputes or claims arising out of or in connection with these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
These Terms and Conditions are prepared in English language. If these Terms and Conditions are translated into any other language, the copy in English language shall prevail.