mobirise.com


Правила и условия предоставления услуг

1. Definitions


"Application" means the software application and related services provided by Us to You pursuant to the Terms of Use set out in Clause 3.

"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.

"Terms of Use" means the terms of use of the Website and the Application as set out in Clause 3.

"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. Website & Application Services- Terms of Use


3.1 Agreement between us and Your Account


3.1.1 By using the W&A Services, You enter into a legally binding agreement with Us (the "Agreement"). The Terms of Use set out in this Clause 3 apply to the W&A Services and the Agreement. Please read the Terms of Use carefully before downloading the Application and/or using the W&A Services.


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.


3.1.3 You have to be 18 years of age or older to use the Application and the W&A Services. You represent that if You are an individual, You are of legal age to enter into a binding contract, and that if You are registering on behalf of a legal entity, that You are authorized to enter into, and bind the entity to, these Terms of Use. You undertake to promptly provide Us with such proof of identity as We may reasonably request.


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 Payment


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.


3.4.2 We use a third-party payment processor (the "Payment Processor") to link Your credit card account to the Application and the W&A Services. The processing of payments or credits, as applicable, in connection with Your use of the W&A Services will be subject to the terms, conditions and privacy policies of the Payment Processor and Your credit card issuer in addition to these Terms of Use. We are not responsible for any errors by the Payment Processor. In connection with Your use of the W&A Services, We will obtain certain transaction details, which We will use solely in accordance with its Privacy and Cookie Notice.


3.5 Indemnification


3.5.1 By accepting these Terms of Use and using the W&A Services, You agree that You shall defend, indemnify and hold Us, Our affiliates, Our licensors, and each of Our officers, directors, other users, employees, attorneys and 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 these Terms of Use or any applicable law or regulation, whether or not referenced herein.

(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 Liability


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.


3.7.2 These Terms of Use do not constitute a sale and do not convey to You any rights of ownership in or related to the Website, the Application or the W&A Services, or any intellectual property rights owned by Us. Our name, logo, and the product names associated with the Application and the W&A Services are either Our trademarks, or those of Our affiliated companies or third parties, and no right or license is granted to use them.


3.8 Grant of Licence


3.8.1 Subject to Your compliance with the Terms of Use, We grant You the Licences.


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

(b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. We reserves all rights in and to the Application not expressly granted to You under these Terms of Use.


3.9.2 You acknowledge and agree that:


(a) these Terms of Use are valid between You and Us only, and not Apple, and

(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.


3.9.6 You and We acknowledge that, in the event of any third party claim that the App Store Sourced Application or Your possession and use of an App Store Sourced Application infringes that third party's intellectual property rights, as between Us and Apple, We, not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.


3.9.7 You and We acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries in relation to Your license of the App Store Sourced Application, and that, upon Your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms of Use as related to Your license of the App Store Sourced Application against You as a third party beneficiary thereof. Without limiting any provisions of these Terms of Use, You must comply with all applicable third party terms of agreement when using the App Store Sourced Application.


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.


3.10.2 The websites You can link to are likely to have their own terms and conditions including a privacy policy. We are not responsible and cannot be held liable for the content and activities of these websites or the terms and conditions relating thereto. You visit or access these websites entirely at Your own risk.


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


3.11.1 These Terms of Use shall remain in force for an indefinite period.


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.


3.11.3 We are entitled to terminate this agreement in respect of the Terms of Use at any time and with immediate effect (by disabling Your use of the Application and the W&A Services) if You:


(a) violate or breach any term of these Terms of Use, or

(b) in Our opinion, misuse the Application or the W&A Services.


3.11.4 We are not obliged to give You notice of such termination in advance. After termination We will give notice thereof in accordance with these Terms of Use.


3.12 Modification of the W&A Services and Terms of Use


We reserves the right, at Our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the W&A Services or the Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending You notice through the W&A Services, the Application or via email. We may also impose limits on certain features and services or restrict Your access to parts or all of the W&A Services without notice or liability.


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.


6. Severability


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.


7. Notices


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.


8. Assignment


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.


10. Language


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.