Terms & conditions

Wystle the next generation of ride hailing for the capital.

MINICABBID SVHI LIMITED incorporated and registered in England and Wales with company number 09724565 whose registered office is at 3 Coombe Road, London, England, NW10 0EB is Operating in London under the Brand name WYSTLE.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 4.3 AND 4.4 AND CLAUSE 10 WHICH LIMITS OUR LIABILITY TO YOU

1. INTERPRETATION

1.1 Definitions:
Auction Offer: a request made by a Customer for specified Transport Services at a price stipulated by the Customer in such request.
Auction Offer Fare: as defined in clause 5.8.1.
Auction Pool Operator: as defined in clause 4.2.2.1.
Authorised Vehicle Operator: a Vehicle Operator who is authorised to access the Platforms having accepted the Vehicle Operator T&Cs.
Wystle App: the mobile application (known as WYSTLE DRIVER) through which You and/or each Driver may access the Services.
Wystle Site: the web based application (known as WYSTLE DRIVER) through which each Driver may access the Services.
Cash Payment: payment made by a Customer in cash directly to a Driver.
Collection Point: the location stipulated by a Customer in a Contract Offer or Auction Offer (as applicable) from which they wish the Transport Services to commence.
Contract Criteria: the criteria specified by a Customer for the provision of Transport Services when making a Contract Offer or Auction Offer.
Contract Number: the unique number generated by Us (upon formation of a Transport Contract) and allocated to only that Transport Contract.
Contract Offer: a request made by a Customer for specified Transport Services.
Contract Offer Fare: as defined and calculated in accordance with clause 5.7.5.
Cookie Policy: the cookie policy (as amended by Us from time to time) as set out
Customer: an individual authorised to use the Platforms (having accepted the Customer T&Cs) for the purposes of requesting Transport Services and entering into Transport Contracts.
Customer Payment Account: an account that a Customer has authorised Us to withdraw payment for the purposes of paying Fares, Tolls and any cancellation fees.
Customer T&Cs: the terms and conditions to which each Customer must agree to in order to access the Platforms (as amended by Us from time to time) and as set out
Device: any computer, telephone or other similar device through which either Platform is accessed.
Driver: an Authorised Vehicle Operator notified to Us as selected by You to provide Transport Services on Your behalf.
Drop Off Point: the location stipulated by a Customer in a Contract Offer or Auction Offer (as applicable) at which they wish the Transport Services to conclude.
Electronic Payment: a payment made by or on behalf of a Customer from a Customer Payment Account.
Fare: a Contract Offer Fare and/or Auction Offer Fare.
Fees: the amount payable by You to Us in accordance with clause 5.10.
General Services: the Transport Contract Offer Services and the Reverse Auction Services.
Geolocational Data: information provided by a Device as to the location of such Device at any particular point in time.
Guide Price: as determined in accordance with clause 5.7.1.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Live Driver: a Driver who is logged on to their Vehicle Operator Account.
Live Vehicle Operator: a Vehicle Operator who is logged on to their Vehicle Operator Account.
Mileage: the actual number of miles travelled by a Driver between the points at which they confirm commencement of the Transport Services and confirm completion of the Transport Services (calculated through the use of and monitoring of Geolocational Data of the Driver).
Mile Charge: when calculating the Contract Offer Fare, the amount charged per mile travelled by a Customer (but excluding the first mile which shall be charged by reference to the Starting Charge) during the provision of the Transport Service (as more specifically set out in the Standard Tariff of Charges).
Payment Account: as defined in clause 5.2.2.
Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998.
Platforms: Wystle App and/or Wystle Site.
Privacy Policy: the privacy policy (as amended by Us from time to time) as set out
Reverse Auction Services: as defined in clause 4.2.2.
Services: the General Services and any Supplemental Services that We may agree to provide to You from time to time but excluding any other services provided to You by any third party.
Standing Charge: when calculating the Contract Offer Fare, the amount charged per minute whilst a Vehicle Operator’s vehicle is stationary, during the provision of the Transport Services (as more specifically set out in the Standard Tariff of Charges).
Standard Tariff of Charges: the spreadsheet located in the Wystle App setting out the current Standing Charges, Starting Charges and Mile Charges applicable to the location from which the Transport Services commence and that will be used when calculating Contract Offer Fares, as amended by Us (in Our absolute discretion) from time to time.
Starting Charge: when calculating the Contract Offer Fare, the amount charged for use of the Transport Services for the first mile (as more specifically set out in the Standard Tariff of Charges).
Supplemental Services: such services as We agree to provide from time to time but excluding the General Services and any other services provided to You by any third party. Supplemental Terms: any additional terms which We notify You of from time to time as applying to the Supplemental Services.
Suspension Period: as defined in clause 4.2.4.
Terms: these terms and conditions as amended from time to time in accordance with clauses 2.3 to 2.4 (inclusive).
Terms Pack: the Terms, the Standard Tariff of Charges, the Privacy Policy, the Cookie Policy and all documents referred to therein (as amended from time to time in accordance with clauses 2.3 to 2.4 inclusive).
Third Party Services: as defined in clause 2.6.
Tolls: any road, bridge, ferry, tunnel, congestion or other similar charges taxes and/or fees incurred by a Driver as a result of providing Transport Services under a Transport Contract (but excluding any penalties, fines or charges for speeding, not paying appropriate fees (where applicable) or other charges which may be incurred as a result of the Driver breaching any law or local rules and regulations. The Driver will remain personally liable for any such penalties, fines or charges).
Trade Marks: as defined in clause 9.2.8.
Transport Contract: a contract (obtained through the use of the Services) between a Transport Supplier and a Customer for the provision of Transport Services.
Transport Contract Offer Services: the services set out in clause 4.2.1.
Transport Services: transportation from and to specified locations.
Transport Supplier: a party supplying Transport Services (for the avoidance of doubt, this is not the Vehicle Operator but the party with the ability to direct the Vehicle Operator actions). Us/We/Our: MINICABBID SVHI LIMITED, a private limited company registered in England with company number 09724565 and whose registered office is at 3 Coombe Road, London, England, NW10 0EB User Account: as defined in clause 3.3.
Vehicle Operator: an individual operating a vehicle through which Transport Services may be provided.
Vehicle Operator Account: as defined in clause 3.3.
Vehicle Operator ID: means the information set out in clauses 6.1.1 to 6.1.5 (inclusive).
Vehicle Operator T&Cs: the terms and conditions which all Vehicle Operators must agree to and continue to agree to in order to access the Platforms (as amended by Us from time to time) and as set out.

2.    USE OF THE PLATFORMS
2.1    Please read the Terms Pack carefully before accessing or using the Platforms. The Terms Pack sets out the terms upon which:
2.1.1    You may access and use (use of the Platforms includes but is not limited to viewing, accessing, browsing, or registering to use the Platforms) the Platforms;
2.1.2    the Services will be supplied to You;
2.1.3    We may use and store Your Personal Data and store information on Your Devices; and
2.1.4    the basis upon which Contract Offer Fares shall be calculated.
2.2    By accessing the Platforms and/or using the Services, You confirm that You accept the most up to date version of the Terms Pack in its entirety and acknowledge that the Terms Pack shall apply to and govern Your access to and use of the Platforms and any Services provided to You, to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing (if You do not agree to the most up to date version of the Terms Pack in its entirety then You must not use or, You must cease using the Platforms and Services immediately).
2.3    We review the Terms Pack regularly and reserve the right at Our sole discretion to vary and update any part of the Terms Pack from time to time. We will use reasonable endeavours to notify You via push notifications or email if We are proposing to update any part of the Terms Pack.
2.4    Any changes made to the Terms Pack will become effective and will apply to Your next use of the Platforms and/or Services after the earlier of, the date: (i) the updated Terms Pack is accessible on either of the Platforms; or (ii) You expressly accept them; or (iii) We notify You by email or push notification that they have been updated. We strongly advise that You review the Terms Pack each time You access the Platforms and/or use the Services in order to check if any changes have occurred and ensure that You still agree to all of the terms.
2.5    From time to time We may agree to provide Supplemental Services. Where Supplemental Services are provided, Supplemental Terms may also apply. We will notify You of such Supplemental Terms prior to the provision of any such Supplemental Services. Supplemental Terms are in addition to those set out in the Terms Pack and both shall apply to the provision of the Supplemental Services. Where the Supplemental Terms conflict with any terms contained in the Terms Pack, the Supplemental Terms shall prevail in relation to the Supplemental Services.
2.6    In most circumstances You will be required to use the services of third party providers in order to access the Platforms and Services (“Third Party Services”). Additional terms of use and policies may be incorporated by such third parties and apply to Your use and access to the Platforms and Services in addition to those terms set out in the Terms Pack. Such third parties are not parties to any agreement between You and Us but may have the right to enforce these Terms against You if You access the Platform and Services using the Third Party Services.
3.    ACCESSING THE PLATFORMS
3.1    Each access to the Platforms is free of charge but is subject to Your continued acceptance and compliance with the Terms Pack. Upon accepting the Terms Pack You will be granted a non-exclusive, non transferrable, non-sub licensable, non-assignable, revocable licence to access the Platforms for the sole purpose of using the Services and monitoring Your Drivers use of the Services.
3.2    Your licence to access the Platforms does not grant to You any rights in, over or relating to the Platforms (or any Intellectual Property contained therein) other than a right to access the Platforms for the purposes of using the Services in accordance with the terms set out in the Terms Pack.
3.3    In order to access the Services and all parts of the Platforms, You will be required to create a user account (“User Account”). Each Driver will also be required to create a user account (“Vehicle Operator Account”).
3.4    Any Personal Data that You provide as part of the process of creating Your User Account will be dealt with in accordance with the terms of the Privacy Policy. Unless expressly permitted by Us in writing, You may only create one User Account.
3.5    You warrant and represent that all information provided by:
3.5.1    You to Us when creating Your User Account; and
3.5.2    all Drivers when creating their Vehicle Operator Accounts; is true, accurate, complete and not misleading.
3.6    You will be responsible for ensuring that the information You and each Driver has provided in accordance with clause 3.5 above, remains true, accurate, complete and not misleading at all times whilst You maintain a User Account and shall notify Us immediately in writing if any of the information You and/or any Driver have provided changes. 3.7    When creating a User Account You will be provided with a user name and password. You must keep these and any other piece of information that You are provided with as part of Our security procedures, confidential and must not disclose them to any third party. 3.8    Drivers will be provided with individual user names and passwords when creating their Vehicle Operator Accounts. You will procure that each Driver keeps this and any other information provided as part of Our security procedures confidential and does not disclose them to any third party. 3.9    You shall not allow any third party to use Your User Account and shall procure that no Driver allows any third party to use their Vehicle Operator Account. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us. You will be responsible for any activity that occurs under or in relation to Your User Account and any Vehicle Operator Accounts relating to Drivers. We will not be liable to You for any loss or damages incurred as a result of any unauthorised use of Your User Account or any Driver Vehicle Operator Accounts. 3.10    We reserve the right to disable any user identification code or password, whether chosen by You, a Driver or allocated by Us, at any time, if, in Our reasonable opinion You have failed to comply with any of the provisions of the Terms Pack, or if a Driver has failed to comply with any provision of the Vehicle Operator T&Cs, or for any other reason. 3.11    Access to the Platforms is only available using a Device capable (amongst other things) of:
3.11.1    receiving and transmitting mobile data; and
3.11.2    transmitting geolocation data to Us so that We may accurately map Your and each Drivers location whilst logged into Your User Account and/or a Vehicle Operator Account (as applicable).
3.12    By accessing a Platform, You consent to Our geolocation tracking of each Device (at all times whilst You are logged into Your User Account) through which You or a Driver have accessed the Platforms. 3.13    You acknowledge that We accept no liability for any costs incurred by You or Driver in relation to:
3.13.1    the purchase of a Device (and any subsequent purchases if a Device becomes no longer compatible or able to access the Platforms due to any changes or updates We make to the Platforms); and
3.13.2    any related costs incurred whilst either You or a Driver are using the Platforms and Services (including but not limited to network data charges, petrol costs, fines and Tolls).
3.14    The Services are only available to parties who can form legally binding contracts. By accessing the Platforms You are confirming that You have full power and authority to enter into and abide by all terms set out in the Terms Pack. 3.15    Without limiting any other rights or remedies, We reserve the right to immediately suspend or terminate Your or any Driver’s access to the Platforms and use of the Services, at any time, for any reason (including but not limited to Your breach of the Terms Pack or where a Driver has breached the Vehicle Operator T&Cs), without notice and without liability to You or any Drivers. 3.16    Your decision to use or continue to use the Services is at Your discretion. You may immediately cease using the Services by providing Us with written notice that You wish to terminate Your User Account. 3.17    If We terminate Your access to the Platforms and/or use of the Services or You notify Us in accordance with clause 3.16 that You wish to terminate Your User Account then:
3.17.1    the licence granted under clause 3.1 shall terminate immediately;
3.17.2    all licences granted to Drivers in accordance with clause of the Vehicle Operators T&Cs shall terminate immediately;
3.17.3    You shall and shall procure that each Driver immediately delete any and all information, software or data which You or the Driver has downloaded from or in relation to the Platforms; and
3.17.4    We may remotely access Your and all Drivers Devices and delete any and all information, software or data which has been downloaded from or in relation to the Platforms.
3.18    If We terminate a Driver’s access to the Platforms then:
3.18.1    You agree to procure that the Driver immediately deletes any and all information, software or data which the Driver has downloaded from or in relation to the Platforms;
3.18.2    You confirm that You will not directly or indirectly assist the Driver in providing any Transport Services generated through the Platforms.
3.19    Our Termination of Your User Account or Your decision to cease using the Services for any reason will not affect any accrued rights, remedies, obligations and liabilities of either You or Us as at termination, including the right to claim damages in respect of any breach which existed at or before the date of termination and clauses which expressly or by implication survive termination shall continue in full force and effect.
4.    SERVICES
4.1    If You are not logged into Your User Account or Drivers are not logged into their Vehicle Operator Accounts then You may not benefit from all of the Services.
4.2    The Services include the General Services which consist of the:
4.2.1    Transport Contract Offer Services:
4.2.1.1    upon receipt of a Contract Offer, the Live Vehicle Operator satisfying the Contract Criteria and located nearest to the Collection Point (where multiple Live Vehicle Operators, satisfying the Contract Criteria are each located within a similar distance of the Collection Point, each such Live Vehicle Operator) will be notified that a request for Transport Services has been made and given the opportunity to accept or reject the Contract Offer. The Live Vehicle Operator will only be notified a Contract Offer has been made but no Contract Criteria will be provided;
4.2.1.2    upon a Driver accepting (each Driver being entitled to accept such offers as Your agent for the purposes of entering into Transport Contracts) a Contract Offer:
4.2.1.2.1    a Transport Contract will be formed between You and the Customer incorporating the Contract Criteria;
4.2.1.2.2    You and the Driver will be immediately notified of the Contract Criteria, any additional Customer details that We are authorised to provide and the Contract Number;
4.2.1.2.3    the relevant Customer will be notified that a Transport Contract has been formed between You and the Customer and provided with the relevant Vehicle Operator ID, Your name and contact details and the Contract Number;
4.2.1.3    if a Contract Offer is not accepted by the Live Vehicle Operator (satisfying the Contract Criteria and located nearest to the Collection Point) within 15 seconds of the notification being sent to it, the Contract Offer will then be notified to additional Live Vehicle Operators (satisfying the Contract Criteria) located the next nearest in distance to the Collection Point. This process will continue for a maximum of 5 minutes from the point in time that the Contract Offer is first notified to a Live Vehicle Operator;
4.2.1.4 each Contract Offer will remain valid and available for acceptance by the Live Vehicle Operator to whom it is made until the earlier to occur of:
4.2.1.4.1    that Live Vehicle Operator rejecting the Contract Offer;
4.2.1.4.2    that or any other Live Vehicle Operator to whom the Contract Offer has been made, accepting the Contract Offer; and
4.2.1.4.3    the expiry of 5 minutes from the point the Contract Offer was first notified to a Live Vehicle Operator (in accordance with clause 4.2.1.3); at which point the Contract Offer shall be deemed withdrawn and no longer capable of acceptance;
4.2.2    Reverse Auction Services:
4.2.2.1    upon receipt of an Auction Offer, those Live Vehicle Operators who satisfy the Contract Criteria at the point the Auction Offer is made (“Auction Pool Operator(s)”) will be notified that an Auction Offer has been made and those Auction Pool Operators will be provided with the Contract Criteria and the date and time the Auction Offer was made;
4.2.2.2    each Auction Pool Operator will have access to accept, reject or make a counter offer to the Auction Offer;
4.2.2.3    each Auction offer and counter offer will remain live until the earlier to occur of:
4.2.2.3.1    the Customer withdrawing the Auction Offer;
4.2.2.3.2    A Customer entering into a Transport Contract in relation to the Auction Offer; or
4.2.2.3.3    the expiry of 20 minutes following the time at which the Auction Offer was made; after which point all Auction Pool Operators (save for any Auction Pool Operator who is a party to a Transport Contract formed in accordance with clause 4.2.2.3.2) will be deemed to have rejected the Auction Offer.
4.2.2.4    upon a Driver (each Driver being entitled to accept such offers as Your agent for the purposes of entering into Transport Contracts) accepting an Auction Offer:
4.2.2.4.1    a Transport Contract will be formed between You and the Customer incorporating the Contract Criteria;
4.2.2.4.2    You and the Driver will be immediately notified of any additional Customer details that We are authorised to provide and the Contract Number;
4.2.2.4.3    the relevant Customer will be notified that a Transport Contract has been formed between You and the Customer and provided with the relevant Vehicle Operator ID, Your name and contact details and the Contract Number;
4.2.3    You and/or the Driver (as Your agent) will have the option to terminate any Transport Contract (formed in accordance with clause 4.2.1.2 and/or 4.2.2.4 above) at any time prior to commencement of the Transport Services;
4.2.4    where a Transport Contract is terminated by You and/or a Driver (as Your agent) prior to commencement of the Transport Services for any reason, the Driver whom accepted the Auction Offer or Contract Offer (as applicable) shall have his/her access to his/her Vehicle Operator Account suspended for a period of 24 hours from the point of Our receipt of the notification of termination (“Suspension Period”);
4.2.5    You and/or the Driver shall have the ability to submit to Us a reason for the termination of a Transport Contract in accordance with clause 4.2.4 above via the Platforms. If We (in Our absolute discretion) deem the reason submitted to be a valid and fair reason for termination of the Transport Contact then We will re activate the Driver’s Vehicle Operator Account prior to expiry of the Suspension Period;
4.3    THE GENERAL SERVICES ARE MERELY A GENERATOR OF POTENTIAL OPPORTUNITIES FOR TRANSPORT SUPPLIERS TO ENTER INTO TRANSPORT CONTRACTS WITH CUSTOMERS. WE ARE NOT AUTHORISED TO AND DO NOT TAKE BOOKINGS NOR ACT AS A BOOKING AGENT ON YOUR BEHALF. WE WILL NOT AGREE TO BE PARTY TO ANY TRANSPORT CONTRACT AND DO NOT PROVIDE ANY TRANSPORT SERVICES.
4.4    FOR THE PURPOSES OF ACTING AS A BOOKING AGENT, YOU WILL BE DEEMED TO HAVE ACCEPTED AND NOTIFIED THE DRIVER (AS HIS/HER BOOKING AGENT) OF EACH AND EVERY AUCTION OFFER AND/OR CONTRACT OFFER (AS APPLICABLE) ACCEPTED BY THAT DRIVER IMMEDIATELY PRIOR TO A DRIVERS ACCEPTANCE OF ANY SUCH OFFER.
4.5    Whilst, for the Transport Contract Offer Services We will provide Customers with a Guide Price for the requested Transport Services and act in limited circumstances as Your payment collection agent in relation to General Services, We will not:
4.5.1    stipulate that any Driver takes any particular course or route in order to deliver the Transport Services;
4.5.2    stipulate which hours or days a Driver may provide the Transport Services (save that You will warrant that no Driver shall provide Transport Services where to do so would be dangerous to the Driver or Customer or where to do so would result in a breach of any applicable law or regulation);
4.5.3    stipulate that a Driver wears any particular uniform or endorses any company or brand to a Customer; nor
4.5.4    insist that You accept any particular Contract Offer or Auction Offer.
4.6    The running of Your business is at Your discretion and You will not benefit or be penalised for accepting or rejecting any number of Contract Offers and/or Auction Offers other than as set out in clause 4.2.4. You and Your Drivers are free to provide services to third parties who have contracted with You independently of the Platforms and We will not seek to interfere or charge any fees in relation to any services You provide Independently of the Platforms.
4.7    Your use of the Platforms is not subject to exclusivity and You are free to use other platforms and third party services for the purpose of generating revenue for Your business.
4.8    You will be the party solely responsible for the actions of the Drivers, their hours of work, the vehicle they use for providing Transport Services and for ensuring that they have the appropriate consents, licences and insurance to provide the Transport Services in accordance with all local laws, these Terms and those set out in the Vehicle Operator T&Cs.
5.     TRANSPORT SERVICES AND FEES
5.1    All Customers, when making each Auction Offer or Contract Offer will be provided with the option to pay for the applicable Transport Services by way of Electronic Payment or Cash Payment.
5.2    You hereby confirm that:
5.2.1    You wish to appoint Us as Your payment collection agent for the purposes of taking all Electronic Payments made by Customers in relation to all Fares (arising directly from Transport Services provided by a Driver) and any Tolls (notified to Us by the Driver prior to completion of the Transport Services) and agree that payment by the Customer to Us will be considered good and fair discharge of the Customers obligation to pay You for the Transport Services; and
5.2.2    You wish to create an account with Us and hereby authorise Us to:
5.2.2.1    pay into such account, Electronic Payments (less any amounts deducted in accordance with clause 5.2.2.2 in advance) relating to Transport Services provided by a Driver; and
5.2.2.2    deduct and withdraw from such account, sums equal in value to any and all Fees that are payable by You to Us for the provision of Services and have not been deducted in advance in accordance with clause 5.2.2.1; (“Payment Account”)
5.2.3    where Fees are due to Us in accordance with these Terms but Your Payment Account does not have sufficient funds to satisfy the debt owed to Us, We are entitled to set off any future payment by a Customer to You against any Fees outstanding and owing by You to Us;
5.2.4    We are further authorised to take payment from Your Payment Account where a:
5.2.4.1    Customers complaint in accordance with clause 5.10 is upheld and We have decided (in Our absolute discretion) that repayment of the whole or part of the Fare is required; and
5.2.4.2    payment has been made to Your Payment Account by mistake.
5.3 In order to set up a Payment Account You must provide Us with the following information:
5.3.1    Bank Name;
5.3.2    Bank Address;
5.3.3    Bank Account Name;
5.3.4    Bank Account Number;
5.3.5    Bank Account Sort Code; and
5.3.6    Any other information which We may reasonably require from time to time for the provision of transferring money to You; and notify Us immediately if any of the above information changes.
5.4    Customers are not required to have Customer Payment Accounts in order to access the Platforms. If a Customer therefore selects to pay for the Transport Services by way of Cash Payment then it is the Drivers responsibility to ensure that such Customer pays in cash and in full for such Transport Services. We accept no liability for non payment for the provision of such Transport Services where there is a non payment by a Customer and reserve the right, in Our absolute discretion, to still charge You the Fees in relation to such Transport Services (regardless of whether the Driver is paid or not). We strongly advise that if a Driver has any concern over a Customers ability to pay for the Transport Services then cash payment should be requested in advance of the commencement of the Transport Services.
5.5    Customers who select the Electronic Payment option will be required to have provided banking details and authority for Us to take payment in relation to Transport Services. Drivers are not required to obtain payment in advance of the commencement of the Transport Services in such circumstances and payment will be taken automatically from the Customers account upon the Driver confirming completion of the Transport Services in accordance with clauses 5.7.4 and 5.8.2.
5.6    Electronic Payments made by Customers in relation to Transport Services provided by Drivers shall be paid into Your Payment Account (or if instructed by You otherwise into different accounts) within 30 days of receipt by Us of the Electronic Payment in full and cleared funds, subject to deductions of:
5.6.1    any Fees and other outstanding sums due and owing to Us; and
5.6.2    any sums payable in accordance with clause 5.2.
5.7     Transport Services arising out of a Contract Offer:
5.7.1    When a Customer submits a Contract Offer We will provide them with a guide price. The guide price will calculated by applying the Standard Tariff of Charges to the number of miles (for the shortest route) between the Collection Point and the Drop Off Point. We may also take into account any factors that We are aware of such as traffic or other factors which may impact on the Transport Service (“Guide Price”). The Standard Tariff of Charges takes into account charges stipulated by the relevant local authorities but not Tolls which the Driver will need to pay and notify Us of when they are incurred and no later than confirming completion of the Transport Services. Failure to notify Us of Tolls prior to completion of the Transport Services may result in non payment in relation to such Tolls and We accept no liability for failing to obtain such payment from a Customer.
5.7.2    We reserve the right to amend Our Standard Tariff of Charges at any time and at Our sole discretion. Upon making such a change We will update the Standard Tariff of Charges in the APP and any use by You of the Services after the update will be deemed acceptance of such changes;
5.7.3    the Guide Price is merely a guide and the Driver should confirm with the Customer prior to commencement of the Transport Services if the actual price that will be charged for the Transport Services is likely to be higher. The Driver is free to agree a higher or lower fee as he deems appropriate;
5.7.4    the Driver must notify Us, through his Vehicle Operator Account, upon commencement of the Transport Services and again on completion of the Transport Services. Failure to do so may result in non or incorrect payment for the Transport Services and We accept no liability for failing to obtain the correct payment from a Customer;
5.7.5    upon receipt of confirmation from the Driver that the Transport Services have been completed We will confirm the amount that We suggest is to be charged for such Transport Services calculated on the basis of applying the Standard Tariff of Charges to the Mileage and any standing time during the provision of the Transport Services (“Contract Offer Fare”);
5.7.6    On receipt of notification from the Driver that the Transport Services have been completed, We will send the Customer confirmation of the amount they are to be charged by You for the Transport Services. Where We:
5.7.6.1    are notified by the Driver that a fare has been agreed different to the Contract Offer Fare (“Agreed Fare”) then We shall notify the Customer of the Agreed Fare;
5.7.6.2    do not receive any notification of an Agreed Fare, We shall notify the Customer of the Contract Offer Fare;and any Tolls the Driver has notified Us of in accordance with Clause 5.7.1
5.7.7    Where the Customer has agreed to:
5.7.7.1    Electronic Payment, We will automatically take (as Your payment collection agent) the Contract Offer Fare (save where We are notified of an Agreed Fare in which case We will take the Agreed Fare) and any Tolls that the Driver has notified Us of prior to completion of the Transport Services; and 5.7.7.2    Cash Payment, the Driver will be responsible for taking payment from the Customer of the Contract Offer Fare or where agreed otherwise, the Agreed Fare and any Tolls;
5.8    Transport Services arising out of an Auction Offer:
5.8.1    When a Driver accepts an Auction Offer or a Customer accepts a Driver’s counter offer, the price for the Transport Services the subject of the Auction offer will be fixed (“Auction Offer Fare”) and form part of the Transport Contract;
5.8.2    the Driver must notify Us, through his Vehicle Operator Account, upon commencement of the Transport Services and again on completion of the Transport Services. Failure to do so may result in non payment for the Transport Services and We accept no liability for failing to obtain the correct payment from a Customer;
5.8.3    Where the Customer has agreed to:
5.8.3.1    Electronic Payment, We will automatically take (as Your payment collection agent) the Auction Offer Fare and any Tolls that the Driver has notified Us of prior to completion of the Transport Services; and
5.8.3.2    Cash Payment, the Driver will be responsible for taking payment from the Customer for the Transport Services and any Tolls;
5.9    Each Customer will have the option to dispute a Fare for any reason (including but not limited to:
5.9.1    where the Customer contends that the Driver did not provided the Transport Services in relation to which the Fare was charged (including but not limited to failing to accurately confirm the point of conclusion of the Transport Services); or
5.9.2    where it is argued that the Driver took an inefficient route without good reason (including but not limited to traffic, road closures and blockages); and You hereby confirm that You provide authority for Us to settle any dispute raised by a Customer in relation to a Fare as We in Our absolute discretion see fit and acknowledge that this may result in a repayment or part repayment by You to the Customer for the Transport Services;
5.10    You agree that in return for providing You the Services, You will pay a sum equal in value to:
5.10.1    15% percent of the:
5.10.1.1    Contract Offer Fare in relation to each Transport Contract arising from a Contract Offer
5.10.1.2    Auction Offer Fare in relation to each Transport Contract arising from an Auction Offer; and
5.10.2    all administration charges that We incur in relation to the management of payments to and from Your Payment Account.
5.11    We reserve the right to:
5.11.1    charge the Fees referred to in clause 5.10 in relation to all Transport Services, regardless of whether the Driver obtains payment in full or not from the Customer; and
5.11.2    change the percentage of the Fare that We take as a Fee by notification to You. Any such changes shall apply and be deemed accepted by You upon Your next access to a Platform.
5.12    All Customers have agreed that You may charge a fee upon termination of a Transport Contract subject to clause 5.11 of the Customer T&Cs. Where such fee is charged it shall constitute a Fare and You will be liable to pay Us 15% of such fare and all administration charges incurred in accordance with clause 5.10.2.
5.13    You hereby agree that You are liable for any taxes that are required to be paid in relation to any Fare charged in relation to Transport Services and that payment of Our Fee will be paid gross of any applicable taxes.
6.    PROVISION OF INFORMATION
6.1    All Vehicle Operators providing Transport Services will be required to provide identification information, including but not limited to:
6.1.1    a photograph;
6.1.2    full name;
6.1.3    driving licence number;
6.1.4    vehicle insurance information;
6.1.5    vehicle make, model, colour and registration;
6.1.6    National Insurance Number;
6.1.7    valid and current MOT certificate for the Vehicle which will be used to provide the Transport Services; and
6.1.8    a copy of the local authorities licence to the Vehicle Operator to operate as a taxi driver.
6.2    You hereby agree and shall procure that Drivers shall not:
6.2.1    store any Customer Personal Data without the Customer’s prior written consent; or
6.2.2    use any Customer Personal Data other than for the purposes of providing the Transport Services; or
6.2.3    store any Customer Personal Data outside of the EEA without the Customer’s prior written consent.
7.    YOUR OBLIGATIONS
7.1    You hereby warrant and represent that each Driver has:
7.1.1    the appropriate equipment in order to be able to access the Platforms and Services and to provide the Transport Services (including but not limited to, a Device and a safe, clean vehicle);
7.1.2    vehicle insurance suitable for the purposes of providing the Transport Services and to comply with any applicable laws;
7.1.3    the relevant licences and permits in order to provide the Transport Services in accordance with all applicable Local Laws; and
7.1.4    the relevant training in order to provide the Transport Services with skill, care and attention.
7.2    You hereby warrant and represent that:
7.2.1    You have and will at all times while using the Services, have in place:
7.2.1.1    Employers liability insurance;
7.2.1.2    public liability insurance; and
7.2.1.3    commercial and general insurance;
with a level of cover equal to or greater than the amount of cover required by any and all local laws.
7.2.2    You are authorised by all relevant governing bodies and local authorities and have all necessary permits, licences and consents in order to supply Transport Services to Customers in accordance with these Terms;
7.2.3    all Drivers will comply at all times with the Vehicle Operators T&Cs;
7.2.4    You will not allow any Vehicle Operator who is not a Driver to provide Transport Services to a Customer who has made a request for the provision of Transport Services through the Platforms;
7.2.5    You will notify Us immediately if any Driver ceases to be a Driver; and
7.2.6    You will procure that each Driver will only provide Transport Services to individuals who can provide a Contract Number matching those received by the Driver in accordance with clauses 4.2.1.2.2 and 4.2.2.4.1
7.3    We may from time to time request You to provide evidence in order to show that You have and are continuing to satisfy the terms of clauses 7.1 and 7.2 above, if You are unable to provide sufficient evidence for the purposes of satisfying Us that You have complied with clauses 7.1 and 7.2 then We reserve the right to suspend or even terminate Your or any Driver’s access to the Services.
7.4    You must ensure that You immediately inform Us if any of the warranties and representations in clauses 7.1 and 7.2 become untrue. You will also notify Us and provide evidence of any renewals of licences and insurance policies referred to in clauses 7.1 and 7.2 above.
7.5    Upon request You agree to instruct Your insurers to include Us as a named party on any insurance policy referred to in clause 7.2.1 above.
8    COMPLAINTS AND LOST PROPERTY
8.1    In the event of:
8.1.1    an accident;
8.1.2    a Customer raising a complaint regarding the provision of any Transport Services provided by You or any Driver; or
8.1.3    a Customer indicating that they have lost an item of their property during the provision of the Transport Services;
You hereby agree that We may release to the Customer: (i) Your office address (ii) Your email address; (iii) Your contact telephone number; and (iv) any insurance details that We have available for You or the relevant Driver.
9.    INTELLECTUAL PROPERTY
9.1    We are the owner or the licensee of all Intellectual Property Rights in the Platforms, the material published on them and the Services. All such rights are reserved.
9.2    You may only use the Platforms for lawful purposes. You must not and shall procure that Drivers shall not:
9.2.1    (save as expressly permitted by law) modify, decompile, reverse engineer, disassemble, attempt to derive the source code of modify or create derivative works of the Platforms or any part thereof (except to extent not prohibited by law);
9.2.2    reproduce, duplicate, copy, sell, sub-licence, transfer, assign, distribute, stream, broadcast or otherwise exploit the Services provided through the Platforms;
9.2.3    link any website or other platform to the Platforms;
9.2.4    seek to, or use, the Platforms in a manner that could damage, disable, overburden, impair, interfere, disrupt or compromise any other parties use of the Platforms or the servers upon which the Platforms are run;
9.2.5    use the Platforms or any data or information obtained from the Platforms in order to compete with the Services provided or to frustrate the Services provided;
9.2.6    misuse the Platforms by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Platforms, the server on which the Platforms are stored or any server, computer or database connected to the Platforms. You must not attack the Platforms via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Platforms will cease immediately;
9.2.7    reproduce or use any part of the content on the Platforms for commercial purposes without obtaining a licence to do so from Us or Our licensors;
9.2.8    use, register or claim ownership of the words (alone or in combination with other words or symbols) “WYSTLE” or any confusingly similar words or logos (“Trade Marks”) in any format or produce any content or material using the Trade Marks without Our prior written consent;
9.2.9    frame or mirror any part of the Platforms or use meta tags or code or other devices containing any reference to the Trade Marks in order to direct any person to any other web site;
9.2.10    use the Platforms in any way:
9.2.10.1    that breaches any applicable local, national or international law or regulation;
9.2.10.2    that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
9.2.10.3    for the purpose of harming or attempting to harm minors in any way; or
9.2.10.4    to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
9.2.11    cause or launch any programs or scripts for the purposes of scraping, indexing, surveying, or otherwise mining data from the Platforms;
9.2.12    impair or hinder the operation of the Platforms or any related Third Party Services;
9.2.13    use the Platforms to enter into Transport Contracts in the knowledge that You do not intend to provide the Transport Services agreed to therein.
9.3    Our status (and that of any identified contributors) as the authors of content on the Platforms must always be acknowledged.
9.4    If You print off, copy or download any part of the Platforms in breach of these Terms, Your right to use the Platforms will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
9.5    We assume no responsibility for the content of any platforms or websites linked on or to the Platforms. Such links and/or reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, supplier or otherwise should not be considered, construed, interpreted or imply an endorsement by Us of those linked platforms and/or websites, products, services, processes or other information. We will not be liable for any loss or damage that may arise from Your use of them and You acknowledge that different terms of use and policies may apply to Your use of such services.
9.6    We do not guarantee that Platforms will be secure or free from bugs or viruses and We will not be liable for any loss or damage caused by a virus, denial-of-service attack, or other technologically harmful material that may infect Your or any Drivers Device, computer equipment, computer programs, data or other proprietary material due to Your use of the Platforms or any platforms or websites linked to them. You are responsible for configuring Your information technology, computer programmes and platform in order to access the Platforms. You should use Your own virus protection software.
10.    LIMITATIONS OF LIABILITY AND INDEMNITY
10.1    You acknowledge that We will not be a party to any Transport Contract and that:
10.1.1    You are solely responsible for any liabilities that arise to a Customer or any third party arising out of the provision of the Transport Services by a Driver;
10.1.2    It is down to You to decide whether to (i) accept or reject a Contract Offer and/or Auction Offer provided through the Platforms; and (ii) enter into a Transport Contract with a particular Customer;
10.1.3    We do not monitor or perform any particular checks on Customers and accept no responsibility or liability to You or any Driver for any loss or damages (even if We have been notified of the potential for such loss or damages) You suffer or incur of any kind arising out of or in connection with:
10.1.3.1    any Transport Contract You enter into (including but not limited to delays, non performance, non payment (We do not guarantee payment by any Customer to whom You provide Transport Services), damage or loss to property); or
10.1.3.2    any other services provided by a third party; and
You are advised to instruct Drivers to take all necessary precautions when providing the Transport Services. If any Driver is in any doubt as to their potential safety then they should either refuse to provide the Transport Services to the Customer and/or call the emergency services (only where appropriate) for assistance.
10.2    You agree to indemnify Us and hold Us harmless from and against all claims, demands, liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss or reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Us and arising out of or in connection with:
10.2.1    Your use of the Services and/or Platforms;
10.2.2    a breach by You of the Terms Pack;
10.2.3    a breach by You of any applicable law;
10.2.4    breach by You or any Driver of any Transport Contract;
10.2.5    any breach by a Driver of the Vehicle Operator T&Cs;
10.2.6    any claim made against Us or any of Our officers, directors or employees (including but not limited to claims for death, personal injury or damage to property) arising out of or in connection with the provision of Transport Services by You or a Driver.
10.3    If a payment due from You under clause 10.2 is subject to tax (whether by way of direct assessment or withholding at it source), We, Our officers, directors or employees (as applicable) shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, in respect of the payment is the same as it would have been were the payment not subject to tax.
10.4    Nothing in the Terms Pack shall exclude or limit Our liability for:
10.4.1    death or personal injury arising from Our negligence, the negligence of any of Our employees, agents or subcontractors; or
10.4.2    fraud or fraudulent misrepresentation; or
10.4.3    any other liability that cannot be excluded or limited by English Law.
10.5    To the extent permitted by law, We exclude all (whether express or implied) conditions, warranties, representation or other terms which may apply to the Platforms, the content on them and the provision of the Services. We make no warranty, representation or condition that access to the Platforms and use of the Services will result in any particular number of Contract Offers and/or Auction Offers.
10.6    Subject to clause 10.4, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable (or where We have been advised of the potential for such loss), arising under or in connection with (i) Your use of, or inability to use the Platforms and/or Services; (ii) use of or reliance on any content displayed on the Platforms; for any:
10.6.1    loss of profits;
10.6.2    loss of business;
10.6.3    loss of business opportunity;
10.6.4    loss of anticipated savings;
10.6.5    loss of agreements or contracts;
10.6.6    loss of damage to goodwill;
10.6.7    loss of use or corruption of software, data or information;
10.6.8    loss of data;
10.6.9    loss of or damage to property;
10.6.10    indirect loss; or
10.6.11    consequential loss.
10.7    Subject to clauses 10.4 and 10.6, Our total liability to You in respect of all losses not excluded under clauses 10.4 and 10.6 and arising under or in connection with Your: (i) use of, or inability to use the Platforms; or (ii) use of or reliance on any content displayed on the Platforms, whether in contract, tort (including negligence) for breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of:
10.7.1    a sum equal in value to the aggregate Fees paid by You to Us in the last 30 days; or
10.7.2    the amount of insurance cover effected by us and available to meet Your claim.
11    OTHER IMPORTANT TERMS
11.1    The relationship between You, Drivers and Us will be that of independent contractors and nothing in the Terms Pack shall render:
11.1.1    the relationship as a joint venture; or
11.1.2    You or a Driver an employee and neither You nor any Driver shall hold itself out as such.
11.2    Our relationship with You and the Drivers is for the provision of the Services and not an employment relationship. You shall be fully responsible for and shall indemnify Us for and in respect of:
11.2.1    any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law. You shall further indemnify Us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;
11.2.2    any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by You or any Driver against Us arising out of or in connection with the provision of the Services.
11.3    The Terms Pack and any documents referred to therein constitute the entire agreement between You and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us and You, whether written or oral, relating to its subject matter.
11.4    You acknowledge that in agreeing to access the Platforms and use the Services You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms Pack.
11.5    We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of rights that arise under any contract formed between Us and You and We may subcontract or delegate in any manner any or all of its obligations to any third party or agent.
11.6    You may only transfer Your rights or Your obligations under these Terms with Our prior written consent.
11.7    If any provision or part-provision of the Terms Pack is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms Pack.
11.8    If We fail to insist that You perform any of Your obligations under the Terms Pack, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
11.9    Any contract formed between Us and You and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
11.10    The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any contract formed between Us and You or its subject matter or formation (including non-contractual disputes or claims).
By Signing on to our Platform you confirm that:
1. I have been referred to the Terms Pack and have read and understood all the terms contained therein;
2. I have been referred to the Privacy Policy and understand that the information provided when completing these terms and any information provided in the future will be recorded and used in accordance with the terms of the Privacy Policy;

In addition to our use of your information in accordance with the terms set out in the privacy policy we may also look to: (i) contact you from time to time with information about goods and services similar to those which we have previously supplied to you; and (ii) disclose your personal data to selected third parties so that they can provide you with information about their goods or services.
Driver Terms & Conditions
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 14, 8.3 AND 12.4 WHICH LIMIT OUR LIABILITY TO YOU
OUR TERMS
1. THESE TERMS AND OUR CONTRACT WITH YOU
1.1 What these terms cover. These are the terms and conditions on which we supply services or digital content to you. These terms incorporate our Privacy Policy, Cookie Policy (which set out how and why we collect, store and use your personal data and information on your devices), our Acceptable Use Policy (which sets out the manner in which you are permitted to use our [App]), and our Standard Charges (which set out the basis upon which we calculate the fares you see on our [App]).
1.2 Why you should read them. You should read all of these documents carefully before you decide whether or not to register an account with us or use our service. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions relating to these terms please contact [support@wystle.co.uk].
1.3 Our contract with you. By clicking on [‘Accept, Continue or Register’] you will be confirming that you have read, understood and agree to these terms and you will at that point enter into a binding legal contract with us. Read these terms carefully as, once accepted, they will be legally binding.
1.4 We may update these terms. We may review and update the terms from time to time, and will notify you using [push notifications] when you next log into the [App]. You will be given the option to accept the terms, or to close your registered account with us.
1.5 Definitions of important terms in this agreement
“Category of Car”: the category of car or service you would like to order for your ride based upon, as amended by us (in our absolute discretion) from time to time; details of the different categories currently available can be found here
“Customer”: an individual registered on and authorised to use the [App] for the purposes of requesting transportation services and entering into Transportation Contracts.
“Device”: telephone or other similar device through which the [App] is accessed;
“Driver Account”: as set out in clause 11.2;
“Driver” or “Drivers”: a driver who accesses the [App] having registered a Driver Account and accepted these terms;
“Estimated Fare”: as defined in clause 6.2;
“Intellectual Property Rights”: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Licence”: non-exclusive, non-transferrable, non-sub licensable, non-assignable, and revocable licence;
“Personal Data”: has the meaning set out in section 1(1) of the Data Protection Act 1998;
“Ride ID”: the unique identification number generated by us at the point that a Driver accepts your Ride Request;
“Specified Category Driver”: Drivers who fall within the Category of Car specified in a Ride Request;
“Standard Charges”: a standard pricing structure agreed with the Drivers and which can be found here https://wystle.co.uk/driver, as amended by us (in our absolute discretion) from time to time; Surge may apply on the charges as seen fit by Wystle.
“Wystle Service Fee”: as defined in clause 7.6;
“Transportation Contract”: a legally binding contract between you and the Driver for transportation services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Wystle is a trading name of Minicabbid SVH Limited a company registered in England and Wales. Our company registration number is 09724565 and our registered office is at 3 Coombe Road, London, England, NW10 0EB. [Our registered VAT number is [350493603].]
2.2 How to contact us. You can contact us by telephoning our customer service team at [02033273827] or by writing to us at [support@wystle.co.uk].
2.3 How we may contact you. If we have to contact you we will do so by SMS, telephone or email using the contact details you provided to when you [registered for the service].
3. ABOUT OUR SERVICE
3.1 Our Service. We help to put you in touch with Customers in your vicinity and you are then able to accept or decline an order for transportation services from them (their “Ride Request”). Where a Customer orders transportation services from you, Wystle acts as your agent to the extent necessary to allow the Customer to place their Ride Request through our [App] and to manage the Customer’s experience throughout the order process (our “Service”). Once the Customer has placed a Ride Request, and that request has been accepted by you, the Customer will have formed a Transportation Contract with you, and not with us.
3.2 Ride Requests. If a Customer would like to order a ride, they use our [App] to register a Ride Request, which includes [a pick-up point, a pick-up time, and a drop-off point]. The Customer will be able to choose a particular Category of Car, and will be given an Estimated Fare for each Category of Car based upon the Standard Charges (for example, £7 to £10 for “Wystle” and £10 to £12 for “Wystle Plus”) – the Customer then confirms their chosen Category of Car and associated Estimated Fare. At that point, we will send details of the Ride Request to all Specified Category Drivers who are within a [300 metre] radius of the Customer’s specified pick up point. In the event that no drivers are available in that vicinity, the search radius is widened after [1 minute]. If no Specified Category Drivers accept the Ride Request within [10 minutes] the Customer is notified that there are currently no drivers available to satisfy the Ride Request.
3.3 Accepting or declining a Ride Request. If you are not able to accept the Ride Request, [select “Decline” OR “no action is required”]. If you are able to accept the Customer’s Ride Request, you must select [“Accept Ride Request”] to inform us. We will then issue a Ride ID to both you and to the Customer via [a push notification, SMS or email].
3.4 Once a Ride Request has been accepted by you, a Transportation Contract is formed between you and the Customer. At the point that we receive notice of your acceptance through the [App]:
3.4.1 a Transportation Contract is formed between you and the Customer;
3.4.2 you will be notified of the Ride ID, and any additional Customer details that we are authorised by the Customer to provide;
3.4.3 the Customer will be notified that they have entered into a Transportation Contract with you, and will be provided with the Ride ID and details of the vehicle colour and type, its registration number, and your photograph and contact details;
3.5 Circumstances in which a Ride Request will be withdrawn. Each Ride Request will remain valid and available for acceptance by Specified Category Drivers in the vicinity until the earlier to occur of:
3.5.1 you rejecting the Ride Request [by selecting “Decline”];
3.5.2 you, or any other Specified Category Driver who received the Ride Request accept it by selecting [“Accept Ride Request”]; and
3.5.3 the expiry of [10] minutes from the point the Ride Request was first submitted by the Customer (in accordance with clause 3.2); at which point the Ride Request shall be deemed withdrawn and no longer capable of acceptance;
3.6 We do not control or otherwise influence the transportation services you offer. Whilst we will provide Customers with an Estimated Fare for the Ride Request, and act in limited circumstances as your payment collection agent, we will not:
3.6.1 stipulate that you take any particular course or route in order to deliver the transportation services;
3.6.2 stipulate which hours or days you are, or should be, available to provide transportation services;
3.6.3 stipulate that you wear any particular uniform or endorses our brand to a Customer;
3.6.4 insist that you accept any particular Ride Request; or
3.6.5 provide any pay, bonuses [or other incentives] to you in return for you providing transportation services to Customers.
3.6.6 Provide any Payment for trips that have been booked using Fraudulent Cards.
3.7 You are free to use other platforms, apps and third party services for the purpose of generating revenue for your business. You will neither benefit from, or be penalised for, accepting or rejecting any number of Ride Requests. You are free to provide services to third parties who have contracted with you independently of our Service and we will not seek to interfere or charge any fees in relation to any such services.
3.8 You are responsible for obtaining the necessary consents, licences and insurance required to run your business. We are not responsible for ensuring that you have the appropriate consents, licences and insurance in place to provide transportation services in accordance with all local laws.
3.9 We only sell our Service to the UK. Our [[website and App are] OR [App is]] solely for the promotion of our service in the UK. Unfortunately, we do not offer our Services outside of the [[UK] OR [LONDON]].
4. PROVISION OF INFORMATION
4.1 Required Information. All Drivers will be required to provide identification information, including but not limited to:
4.1.1 Electronic payments are facilitated using a third party processor and you hereby agree that we may transfer all information provided by you in relation to your Driver Transactional Account to such third parties as we use from time to time to facilitate the electronic payments;
4.1.2 a photograph;
4.1.3 full name;
4.1.4 driving licence number;
4.1.5 vehicle insurance information;
4.1.6 vehicle make, model, colour and registration;
4.1.7 National Insurance Number;
4.1.8 valid and current MOT certificate for the vehicle;
4.1.9 a copy of the local authorities licence to the Driver to operate as a taxi driver.
4.2 Restrictions upon the use and management of Customer Personal Data. You hereby agree and shall procure that you shall not:
4.2.1 store any Customer Personal Data without the Customer’s prior written consent; or
4.2.2 use any Customer Personal Data other than for the purposes of providing the transportation services; or
4.2.3 store any Customer Personal Data outside of the UK.
5. DRIVER OBLIGATIONS
5.1 Warranties and representation. You hereby warrant and represent that you have and will at all times while using the Services have in place:
5.1.1 the appropriate equipment in order to be able to access the [App] and Services and to provide the transportation services (including but not limited to, a Device and a safe, clean vehicle);
5.1.2 vehicle insurance suitable for the purposes of providing the Transportation Contract and we reserve the right, at any time and at our sole discretion, to revise and/or remove any charges shown on the [App] relating to our Service and to comply with any applicable laws;
5.1.3 the relevant licences and permits in order to provide the transportation services in accordance with all applicable Local Laws;
5.1.4 the relevant training in order to provide the transportation services with skill, care and attention;
5.1.5 Employers liability insurance, public liability insurance, and commercial and general insurance with a level of cover equal to or greater than the amount of cover required by any and all local laws.
5.2 You must be authorised to provide transportation services. You warrant and represent that you are authorised by all relevant governing bodies and local authorities and have all necessary permits, licences and consents in order to supply transportation services to Customers in accordance with these terms, and that:
5.2.1 you will comply at all times with the Vehicle Operators T&Cs; and
5.2.2 you will not allow any other person to provide transportation services to a Customer as a result of a Ride Request.
5.3 We may ask you to provide evidence. We may from time to time request that you provide evidence in order to show that you have and are continuing to satisfy the terms of clauses 5.1 and 5.2; if you are unable to provide sufficient evidence for the purposes of satisfying us that you have complied with clauses 5.1 and 5.2 then we reserve the right to suspend or terminate your Driver Account.
5.4 You must tell us if anything changes. You must ensure that you immediately inform us if any of the warranties and representations in clauses 5.1 and 5.2 become untrue. You will also notify us and provide evidence of any renewals of licences and insurance policies referred to in this clause 5.
5.3 YOUR TRANSPORTATION CONTRACT WITH THE CUSTOMER
5.4 When your contract with the Customer is formed. If you are able to accept a Ride Request, then at the point you select [“Accept Ride Request”] you will enter into a Transportation Contract with the Customer.
5.5 Once a Customer has accepted your Ride Request:
4.2.1 We will immediately release the following details to the Customer (as held on your Driver Account):
(a) details of the make, model and colour of your vehicle;
(b) your full name;
(c ) a photograph of you;
(d) a Ride ID.
4.2.2 We will [immediately] notify you that a Transportation Contract has been formed between you and the Customer and will provide you with:
(a) The Customer’s name;
(b) A photograph of the Customer;
(c ) a Ride ID.
(d) Pick up Location
(e) Drop Off Location
5.6 We are not a party to the Transportation Contract. Through our [App], we help you to enter into a Transportation Contract with the Customer, but we are not a party to that Transportation Contract. The Transportation Contract is between you and the Customer. We make no representation, warranty or guarantee regarding the reliability, timeliness, suitability, availability, or financial position of the Customer or of any aspect of your Transportation Contract with the Customer. For the avoidance of any doubt, you are not an employee or in any way affiliated with us – we simply help to put you in touch with a Customer who is would like to order transportation services.
6. PRICES
6.1 We do not charge you for accessing our [App], but we do charge a Wystle Service Fee for each Ride Request that you fulfil. We are able to provide you and our Customers with free access to our [App], but we do charge a 13% Commission when you successfully make a Transportation Contract as a result of using our Services. This Commission can be changed by Wystle at any time. For Wystle Hire Ride Requests, once accepted, you have to Complete the requested Hours of Service. No payment will be issued if the Agreed Hours are not Completed by the Driver.
6.2 You agree to accept Standard Charges. So that we can be clear and consistent with our Customers, you hereby agree to the Standard Charges, which you can access https://wystle.co.uk/driver. Any other charges like Tolls and other Authority charges will be Borne by the Driver. The price for the ride will be made up of a minimum charge (a “Base Fare”), a cost per mile travelled (“Per Mile”), the amount of time taken to travel the specified distance, based upon traffic congestion at the chosen time of day (“Per Minute”), and, if applicable, a contribution to the cost of driving in the Congestion Charge Zone (“Central London Fee”) (all of these components together make up the “the Estimated Fare”). The Estimated Fare will vary depending upon the Category of Car you drive. When creating a Ride Request, the Customer [will OR may] be shown one Estimated Fare for each Category of Car, so that they are fully informed of the different pricing options available to them. Any charges that are displayed on the [Standard Charges OR App] in relation to the transportation services are subject to change at any time prior to entering into a Transportation Contract.
6.3 Waiting Charges. If you are available and waiting at the requested pick up time and pick up location, but the Customer is not there, then after the first two minutes of your wait, the Customer will be charged a fee for each further full minute that they are late (“Waiting Charges”). The per minute Waiting Charge can be found in our [Standard Charges].
6.4 Cancellation Fees. If the Customer cancels their Ride Request, they may be charged a cancellation fee. Our cancellation fees apply as follows:
6.4.1 If you have accepted a Ride Request and the Customer cancels, but you have not yet begun to move towards the pick up point, the Customer will not be charged a cancellation fee;
6.4.2 If you have accepted a Ride Request and the Customer cancels, but you have already begun to move towards the pick up point, the Customer will be charged a £5 cancellation fee. You will be sent the Cancellation fee after deducting our Commission.
6.5 The final amount the Customer pays for the ride may be differ from the Estimated Fare. The Estimated Fare quoted to you and the Customer as part of your Ride Request is an estimate and the actual price paid may differ because the final fare may be adjusted to reflect the actual miles travelled, the time taken, and any [tolls or] other charges such as Waiting Charges or cancellation fees (“Actual Fare”). For example, the Actual Price may be higher than the Estimated Price if the journey is extended or altered by the Customer, if the journey takes longer due to higher than expected traffic congestion, or if the Customer incurs Waiting Charges.
6.6 You must notify us when the transportation starts and ends. You must notify us through the [App] when you:
6.6.1 Begin to travel towards the pick up point;
6.6.2 Are available to pick up the Customer;
6.6.3 Pick up the Customer;
6.6.4 Arrive at the drop off point.
Failure to do so may result in non or incorrect payment for the transportation services and we accept no liability for failing to obtain the correct payment from a Customer.
6.7 [We will pass on changes in the rate of VAT. If the rate of VAT changes between the date you made your Ride Request and the date of your journey, we will adjust the rate of VAT that you pay[, unless you have already paid for the service in full before the change in the rate of VAT takes effect].]
6.8 Third Parties. In most circumstances you will be required to use the services of third party providers in order to access the [App] and Services (“Third Party Services”). Additional terms of use and policies may be incorporated by such third parties and apply to your use and access to the [App] and Services in addition to those terms set out in these terms. Such third parties are not parties to any agreement between you and us but may have the right to enforce these terms against you if you access the [App] and Services using the Third Party Services.
7. PAYMENT
7.1 Payment Method. When using the [App] to make a Ride Request, the Customer will be required to provide account details from which the electronic payment may be taken (“Customer Payment Account”).
7.2 You authorise us to be your payment collection agent. You hereby confirm that:
7.2.1 you wish to make appoint us as your payment collection agent for the purposes of taking all electronic payments made by Customers in relation to all Total Fares (arising directly from the transportation services provided by you) and agree that payment by the Customer to us will be considered good and fair discharge of the Customer’s obligation to pay you for the transportation services you provide under your Transportation Contract with the Customer; and
7.2.2 you wish to create an account with us (the “Driver Transactional Account”) and hereby authorise us to:
(a) pay into the Driver Transactional Account, electronic payments (less any amounts deducted in accordance with clause 7.2.2(b) relating to transportation services provided by you to Customers under the Transportation Contracts; and
(b) deduct and withdraw from your Driver Transactional Account such sums equal in value to any Wystle Service Fees/ Commission that are payable by you to us for the provision of our Services;
7.2.3 where Wystle Service Fees are due to us in accordance with these terms but your Driver Transactional Account does not have sufficient funds to satisfy the debt owed to us, we are entitled to set off any future payment by a Customer to you against any Wystle Service Fees outstanding and owing by you to us.
7.3 You authorise us to be deduct payments from your Driver Transaction Account. In addition to the reasons set out in clause 7.2, we are further authorised to take payment from your Driver Transactional Account where a payment has been made to your Driver Transactional Account by mistake.
7.4 Registering your Driver Transactional Account. In order to set up a Payment Account you will be required to provide information (including but not limited to) regarding:
7.3.1 Bank Name;
7.3.2 Bank Address;
7.3.3 Bank Account Name;
7.3.4 Bank Account Number;
7.3.5 Bank Account Sort Code; and
7.3.6 Any other information which we may reasonably require from time to time for the provision of transferring money to you; and notify us immediately if any of the above information changes.
7.5 Payment by the Customer. We will automatically take (as payment collection agent for you) the Actual Fare from the Customer once the Customer arrives at their drop-off point or, if a cancellation fee applies, at the point at which the Customer cancels the ride. [We accept no liability for non-payment for the provision of such transportation services where there is a non-payment by a Customer.]
7.6 Wystle Service Fee.
7.6.1 You agree that in return for providing you our Services, you will pay a sum equal in value to:
(a) [13%] of the Actual Fare;
(b) all administration charges that we incur in relation to the management of payments to and from your Driver Transactional Account. (“the Wystle Service Fee”) For the avoidance of any doubt, any Waiting Charges or cancellation fees that are charged to the Customer will be included in the Actual Fare and the Wystle Service Fee will therefore be payable on those amounts.
7.6.2 We reserve the right to change the percentage charged as a Wystle Service Fee by notification to you.
7.7 Payments into your Driver Transactional Account. Your weekly aggregate Wystle Service Fee will be paid into your Driver Transactional Account [each Sunday] for any transportation services delivered by you in the preceding 6 days, provided that:
7.7.1 we have received the Actual Fare from the Customer in full and cleared funds;
7.7.2 any Wystle Service Fee and other outstanding sums due and owing to us have been paid in full by you.
7.8 We use a third party to process payments. Payment will be facilitated by a third party payment gateway and/or payment processing services provider appointed by us (the “Payment Processor”), as varied from time to time.
7.9 You consent to us transferring the details in your Driver Transactional Account to our Payment Processor. You acknowledge and agree that we may transfer all information provided by you in relation to your Driver Transactional Account to the Payment Processor.
8. COMPLAINTS
8.1 If you are unhappy with our Services. We would like to know if you are in any way unhappy with our Services. Please contact us on [support@wystle.co.uk] or [02033273827] so that we can try to help.
8.2 We are not responsible for, and are not liable for, any acts or omissions of the Customer. We accept no liability in relation to the actions or omissions of any Customer (including non-payment of the Agreed Fare), or any items of lost property. We will not become involved in any complaint or act as a mediator in any dispute.
8.3 We are not liable for any dispute you may have with the Customer. We do not provide the transportation services and are not a party to the Transportation Contract between you and the Customer – we collect the payment only as your payment collection agent. As such, we accept no liability in respect of, or arising from, the Transportation Contract, including but not limited to:
8.3.1 where the Customer believes that you did not provide the transportation services (including but not limited to failing to accurately confirm the point of conclusion of the Transport Services); or
8.3.2 where the Customer believes that you took an inefficient route without good reason (including but not limited to traffic, road closures and blockages);
8.3.3 where the Customer disputes the fact that they caused damage to the vehicle, or disputes any charge levied by you for such damage.
We will not become involved in any complaint or act as a mediator in any dispute.
8.4 Incidents and Lost Property. In the event of:
8.4.1 an accident;
8.4.2 a Customer raising a complaint regarding the provision of any transportation services provided by you, or about you personally; or
8.4.3 a Customer indicating that they have lost an item of their property during the provision of the transportation services;
you hereby agree that we may release to the Customer: (i) Your office address (ii) Your email address; (iii) Your contact telephone number[; and (iv) any insurance details that we hold for you].
9. YOUR RIGHT TO END THE CONTRACT FOR OUR SERVICES
9.1 You may end the contract for our Services at any time. Simply Delete your account and delete our App.
10. OUR RIGHT TO END THE CONTRACT FOR OUR SERVICES
10.1 We can end the contract for our Services at any time. We reserve the right to suspend or terminate your access to the [App] and use of our Services at any time, for any reason (including but not limited to for breach of these terms), without notice and without liability to you.
10.2 What happens when we end the contract. If we terminate your access to the [App] and/or use of our Service then:
10.2.1 the licence granted under clause 14 shall terminate immediately;
10.2.2 you shall immediately delete any and all information, software or data which you have downloaded from or in relation to the [App];
10.2.3 you shall not directly or indirectly provide or assist others in providing transportation services to satisfy Ride Requests generated through the [App]; and
10.2.4 we may remotely access any Devices that are in your possession and delete any and all information, software or data which you have downloaded from or in relation to the [App].
10.3 If you breach the contract. Failure to comply with these terms may result in (but is not limited to) our taking all or any of the following actions:
10.3.1 immediate, temporary or permanent withdrawal of your right to access the [App] and/or use the Services;
10.3.2 issuing a warning to you;
10.3.3 commencing legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach; and/or
10.3.4 taking any other legal action against you.
10.4 Your rights. Termination of your access to the [App] and/or our Service will not affect any accrued rights, remedies, obligations and liabilities of either you or us as at termination, including the right to claim damages in respect of any breach which existed at or before the date of termination and clauses which expressly or by implication survive termination shall continue in full force and effect.
11. ABOUT THE [APP]
11.1 Your licence to use the App. Upon accepting these terms you will be granted a Licence to access the App for the sole purpose of using our Services. Your Licence to access the [App] does not grant to you any rights in, over or relating to the [App] (or any Intellectual Property contained therein).
11.2 You agree to comply with our Acceptable Use Policy. Our Acceptable Use Policy sets out the permitted uses and prohibited uses of our [App]. When using our [App], you must comply with this Acceptable Use Policy.
11.3 Your Driver Account. In order to access our Services and all parts of the [App], you will be required to create a user account (“Driver Account”). Any Personal Data that you provide as part of the process of creating your Driver Account will be dealt with in accordance with the terms of the Privacy Policy. Unless expressly permitted by us in writing, you may only create one Driver Account.
11.4 When creating your Driver Account you must provide us with information that is true, accurate, complete and not misleading. You will be responsible for ensuring that the information you have provided remains true, accurate, complete and not misleading at all times whilst you maintain a Driver Account and you must notify us immediately in writing if any of the information you have provided ceases to be so.
11.5 When creating a Driver Account you will be provided with a user name and password. You must keep these and any other piece of information that you are provided with as part of our security procedures, confidential. You must not disclose it to any third party.
11.6 You shall not allow any third party to use your Driver Account. If you know or suspect that anyone, other than you, knows your user identification code or password, you must promptly notify us. You will be responsible for any activity that occurs under or in relation to your Driver Account and we will not be liable to you for any loss or damages incurred as a result of any unauthorised use of your Driver Account.
11.7 We are not responsible for viruses and you must not introduce them
11.7.1 We do not guarantee that our [App] will be secure or free from bugs or viruses.
11.7.2 You are responsible for configuring your Device, information technology, computer programmes and platform to access our [App]. You should use your own virus protection software.
11.7.3 You must not misuse our [App] by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our [App], the server on which our [App] is stored or any server, computer or database connected to our [App]. You must not attack our [App] via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our [App] will cease immediately.
11.8 Reasons why we may disable your Driver Account. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms or for any other reason.
12. YOUR DEVICE
12.1 Basic Device capabilities. It is your responsibility for ensuring that you have a suitable hardware and software in order to access the [App]. Access to the [App] is only available using a Device capable (amongst other things) of:
12.1.1 receiving and transmitting mobile data; and
12.1.2 transmitting geolocation data to us so that we may accurately map your location whilst logged into your Driver Account.
12.2 Hardware and software updates. You may from time to time be required to update your hardware and/or download software updates in order to access the [App]. We do not guarantee that you will be able to access the [App] from any particular Device or that such access will be uninterrupted.
12.3 You consent to us knowing your location. By accessing a [App], you consent to our geolocation tracking of each Device (at all times whilst you are logged into your Driver Account) through which you are accessing the [App].
12.4 We are not liable for your Device or any network charges. You may incur charges as a result of the use of a network’s (including but not limited to mobile networks) data when accessing the [App]. You acknowledge that you are solely responsible for any such charges and we accept no liability for any costs incurred by you in relation to:
12.4.1 any purchase you make of a Device (and any subsequent purchases if a Device becomes no longer compatible or able to access the [App] due to any changes or updates we make to the [App]); and
12.4.2 any related costs incurred whilst you are using the [App] and our Services (including but not limited to network data charges).
13. INTELLECTUAL PROPERTY AND [APP] TERMS OF USE
13.1 We own the Intellectual Property Rights in the [App]. We are the owner or the licensee of all Intellectual Property Rights in the [App], the material published on them and the Services. All such rights are reserved. You may only use the [App] for lawful purposes and incompliance with our “[App] Terms of Use”.
13.2 You must not at any point:
13.2.1 reproduce or use any part of the content on the [App] for commercial purposes without obtaining a licence to do so from us;
13.2.2 use, register or claim ownership of the words (alone or in combination with other words or symbols) “Wystle” or “MinicabbID SVHI” or “MinicabbID” or any confusingly similar words or logos (“Trade Marks”) in any format or produce any content or material using the Trade Marks without our prior written consent
13.2.3 frame or mirror any part of the [App] or use meta tags or code or other devices containing any reference to the Trade Marks in order to direct any person to any other web site.
13.3 If you use our Intellectual Property in breach of these term. If you print off, copy or download any part of the [App] in breach of these terms, your right to use the [App] will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. LIMITATIONS OF LIABILITY AND INDEMNITY
14.1 You acknowledge that we will not be a party to any Transportation Contract and that:
14.1.1 you are solely responsible for any liabilities that arise out of the transportation service you provide to the Customer under the Transportation Contract;
14.1.2 we do not guarantee payment by any Customer to whom you provide transportation services; and
14.1.3 it is down to you to decide whether to accept or reject a Ride Request provided through our [App].
14.2 We accept no liability for loss or damages as a result of the Transportation Contract or third party services. We do not monitor or perform any particular checks on Customers and accept no responsibility or liability to you for any loss or damages (even if we have been notified of the potential for such loss or damages) you suffer or incur of any kind arising out of or in connection with:
14.2.1 any Transportation Contract you enter into (including but not limited to delays, non-performance, non-payment, damage or loss to property); or
14.2.2 any other services provided by a third party; and
You are advised to take all necessary precautions in your dealings with the Customer.
14.3 You agree to indemnify us. You agree to indemnify us and hold us harmless from any and all claims, demands, liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss or reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us and arising out of or in connection with:
14.3.1 your use of the [App] and our Services;
14.3.2 a breach by you of any of these terms;
14.3.3 a breach by you of any applicable law;
14.3.4 a breach by you of any Transportation Contract;
14.3.5 any claim made against us or any of our officers, directors or employees (including but not limited to claims for death, personal injury or damage to property) arising out of or in connection with the provision of Transport Services by you.
14.4 Tax. If a payment due from you under clause 14.3 is subject to tax (whether by way of direct assessment or withholding at it source), we, our officers, directors or employees (as applicable) shall be entitled to receive from you such amounts as shall ensure that the net receipt, after tax, in respect of the payment is the same as it would have been were the payment not subject to tax.
14.5 We will only limit our liability to the extent permitted by law.
14.5.1 nothing in these terms excludes or limits our liability for:
(a) death or personal injury arising from our negligence, the negligence of any of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation; or
(c ) any other liability that cannot be excluded or limited by English Law.
14.5.2 To the extent permitted by law, we exclude all (whether express or implied) conditions, warranties, representation or other terms which may apply to the [App], the content on it and the provision of our Services. We make no warranty, representation or condition that access to the [App] and use our Services will result in any particular number of Contract Offers and/or Auction Offers.
14.6 We limit our liability for certain types of loss. Subject to clause 14.8, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable (or where we have been advised of the potential for such loss), arising under or in connection with (i) Your use of, or inability to use the [App] and/or Services; or (ii) use of or reliance on any content displayed on the [App]; for any:
14.6.1 loss of profits;
14.6.2 loss of business;
14.6.3 loss of business opportunity;
14.6.4 loss of anticipated savings;
14.6.5 loss of agreements or contracts;
14.6.6 loss of damage to goodwill;
14.6.7 loss of use or corruption of software, data or information;
14.6.8 loss of data;
14.6.9 loss of or damage to property;
14.6.10 indirect loss; or
14.6.11 consequential loss.
14.7 Our total liability is capped. Our total liability to you in respect of all losses not excluded under clauses 14.3 and 14.5, and arising in connection with (i) your use of, or inability to use, the [App]; or (ii) use of or reliance upon any content displayed on the [App], whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of:
14.7.1 a sum equal in value to the aggregate Wystle Service Fee paid by you to us in the last 30 days;
14.7.2 the amount of insurance cover effected by us and available to meet your claim.
15. OTHER IMPORTANT TERMS
15.1 The relationship between you and us will be that of independent contractors and nothing in these terms shall render:
15.1.1 the relationship as a joint venture; or
15.1.2 you, a Driver or anyone else employed or engaged by you as an employee of ours (and you shall not hold yourself out as such).
15.2 Our relationship with you is for the provision of the Services and not an employment relationship. You shall be fully responsible for and shall indemnify us for and in respect of:
15.2.1 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the use of the Services by you, a Driver or anyone else employed or engaged by you, where the recovery is not prohibited by law. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;
15.2.2 any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you, a Driver or anyone else employed or engaged by you against us arising out of or in connection with the use of the Services.
15.3 These terms and any documents referred to therein constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
15.4 You acknowledge that in agreeing to access the [App] and use our Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
15.5 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of rights that arise under any contract formed between us and you and we may subcontract or delegate in any manner any or all of its obligations to any third party or agent.
15.6 You may only transfer your rights or your obligations under these terms with our prior written consent.
15.7 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.8 If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
15.9 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.10 Any dispute or claim arising out of or in connection with these terms or from any contract formed between us and you, shall be governed by English law. All parties agree that the courts of England and Wales will have exclusive jurisdiction to settle any such dispute.
Customer Terms & Conditions
THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 15, 8.2, 8.4, 12.5 AND 13.4 WHICH LIMIT OUR LIABILITY TO YOU
OUR TERMS
1. THESE TERMS AND OUR CONTRACT WITH YOU
1.1 What these terms cover. These are the terms and conditions on which we supply services or digital content to you. These terms incorporate our Privacy Policy, Cookie Policy (which set out how and why we collect, store and use your personal data and information on your devices), our Acceptable Use Policy (which sets out the manner in which you are permitted to use our [App]), and our Standard Charges (which set out the basis upon which we calculate the fares you see on our [App]).
1.2 Why you should read them. You should read all of these documents carefully before you decide whether or not to register an account with us or use our service. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions relating to these terms please contact us at care@wystle.co.uk.
1.3 Our contract with you. By clicking on [‘Accept and Register’] you will be confirming that you have read, understood and agree to these terms and you will at that point enter into a binding legal contract with us. Read these terms carefully as, once accepted, they will be legally binding.
1.4 We may update these terms. We may review and update the terms from time to time, and will notify you using [push notifications, Email] when you next log into the App. You will be given the option to accept the terms, or to close your registered account with us. By clicking on [‘Accept’] you confirm that you accept the most up to date version of these terms.
1.5 Definitions of important terms in this agreement
“Category of Car”: the category of car or service you would like to order for your ride, as amended by us (in our absolute discretion) from time to time; details of the different categories currently available can be found here [https://wystle.co.uk/rider];
“Device”: telephone or other similar device through which the [App] is accessed;
“Driver” or “Drivers”: a party supplying transportation services for customers who request them via the [App];
“Estimated Fare”: as defined in clause 6.2;
“Intellectual Property Rights”: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Licence”: non-exclusive, non-transferrable, non-sub licensable, non-assignable, and revocable licence;
“Ride ID”: the unique identification number generated by us at the point that a Driver accepts your Ride Request;
“ Ride Request”: as defined in clause 3.1;
“Standard Charges”: a Dynamic pricing structure agreed with the Drivers and which can be found here [https://wystle.co.uk/driver], as amended by us (in our absolute discretion) from time to time;
“Transportation Contract”: a legally binding contract between you and the Driver for transportation services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Wystle is a trading name of Minicabbid SVH Limited a company registered in England and Wales. Our company registration number is 09724565 and our registered office is at 3 Coombe Road, London, England, NW10 0EB. [Our registered VAT number is [350493603].]
2.2 How to contact us. You can contact us by telephoning our customer service team at [02033273827] or by writing to us at [care@wystle.co.uk].
2.3 How we may contact you. If we have to contact you, we will do so by SMS, telephone or email using the contact details you provided to us when you [registered for the service].
3. ABOUT OUR SERVICE
3.1 Our Service. We help to put you in touch with Drivers in your vicinity and to place an order for transportation services from them (your “Ride Request”). Where you order transportation services from a Driver, Wystle acts as an agent on behalf of the Driver to place your Ride Request through our [App] and to manage your experience throughout the order process (our “Service”). Once you have placed your Ride Request, and that request has been accepted by a Driver, you will have formed a Transportation Contract with the Driver, and not with us.
3.2 Placing your Ride Request. When you would like to order a ride, you must open the [App] on your device and specify a pick-up point, a pick-up time, and a drop-off point. Once we receive your Ride Request, we will be able to give you the option of booking a particular Category of Car, and will give you an Estimated Fare for each Category of Car based upon the Standard Charges (for example, £7 to £10 for “Wystle” and £10 to £12 for “Wystle Plus”) – you must then choose your desired Category of Car and associated Estimated Fare, and select “Let’s Wystle”. We will then check your location and send details of your Ride Request to all Drivers with your chosen Category of Car who are within a [300 metre] radius of your pick up point. In the event that no Drivers are available in that vicinity, the search radius is widened after 1 Minute. If a Driver is able to accept your Ride Request, he or she will inform us and we will confirm this to you via [a push notification, SMS or email]; we will also tell you by the same method if there are no Drivers willing or able to accept your Ride Request.
3.3 If we cannot accept your Ride Request. If we are unable to accept your Ride Request, we will inform you of this via [a push notification, SMS or email] and you will not be charged. We may refuse your Ride Request because there is no Driver in your vicinity, because there are no Drivers willing or able to satisfy your request, because of technical issues which we did not anticipate or could not reasonably plan for, because there is an issue with your payment details or registered account, or because we have identified an error in the price or description of the service.
3.4 We only sell our Service to the UK. Our [[website and App are] OR [App is]] solely for the promotion of our service in the UK. Unfortunately, we do not offer our services outside of the [[UK] OR [LONDON]].
3.5 You must be over the age of 18 to use our Service. Our Service is only available to individuals who can form legally binding contracts. By accessing the [App] you are confirming that you are over the age of 18 and have the right and capacity to enter into and abide by these terms. You shall not use our Services for the purposes of entering into a Transportation Contract with the Driver where any of the passengers are under the age of 18 (unless any such individuals are accompanied by you).
3.6 We may ask you for ID. You may be requested in certain circumstances to provide evidence of your identity or age in order to use the Services and/or the transportation services. If you fail to provide sufficient evidence when requested, then you may be denied access to use the Service and/or the transportation services.
3.7 Our Service is only available for use by consumers. You agree that you will not use our Services:
3.5.1 for any commercial use;
3.5.2 for the purposes of entering into transportation contracts for the transportation of goods, valuable items, food, living animals or any hazardous or dangerous materials;
3.5.3 negligently or in any manner so as to cause nuisance;
3.5.4 for any unlawful purpose;
3.5.5 in the knowledge that you do not intend to perform your obligations under your contract with us or your Transportation Contract with the Driver.
4. YOUR CONTRACT WITH THE DRIVER
4.2.1 We will immediately release the following details to the Driver (as held on your Customer Account):
(a) Your name, and telephone number;
(b) Your photograph;
(c ) a Ride ID.
4.2.2 We will [immediately] notify you that a Transportation Contract has been formed between you and the Driver and will provide you with:
(a) details of the make, model and colour of the Driver’s vehicle;
(b) the Driver’s name;
(c ) a photograph of the driver;
(d) a Ride ID.
4.3 We are not a party to the Transportation Contract. Through our App, we help you to enter into a Transportation Contract with the Driver, but we are not a party to that Transportation Contract. Our legal contract with you is limited to the use of the App, and not to the journey or the journey provider. The Transportation Contract is between you and the Driver. We make no representation, warranty or guarantee regarding the reliability, timeliness, quality, accurateness, suitability or availability of the Driver or of any aspect of the transportation service provided by the Driver under your Transportation Contract. For the avoidance of any doubt, the Driver is not an employee or in any way affiliated with us – we simply help to put you in touch with a third party who is willing to transport you to your chosen destination.
5. YOUR DRIVER
5.1 Things to check before entering the vehicle. Whilst we carry out certain checks on all Drivers before they sign up to use the [App], these checks are for our internal purposes only and we make no representations or warranties and cannot guarantee:
5.1.1 the quality or safety of the Driver or the service they provide;
5.1.2 that the Driver is who they claim to be;
5.1.3 that any vehicle used to transport you to your desired location is insured for any particular purpose (including but not limited to for the purposes of providing transportation services to the public).
It is down to you to satisfy yourself that the Driver is who they say they are and that they have the required qualifications to provide the transportation services that you have requested. We strongly recommend that you ask each Driver you use to provide evidence of who they are and of their eligibility to provide the transportation services. If you are unsure of the Driver or if they are unable to produce the requested information, then you should not enter their vehicle or use their transportation services. [You can report any concerns about a Driver to us by [care@wystle.co.uk].]
6. PRICES
6.1 We do not charge you for the provision of our Services. We are able to provide our Services to you for free, because we charge the Drivers for accessing and using the [App] and our Service.
6.2 The Standard Charges applied to your journey, and where to find them. So that we can be clear and consistent with our registered customers, we have agreed Standard Charges with the Drivers, which you can access [https://wystle.co.uk/driver]. The price for your ride will be made up of a minimum charge (a “Base Fare”), a cost per mile travelled (“Per Mile”), the amount of time taken to travel the specified distance, based upon traffic congestion at the chosen time of day (“Per Minute”), and, if applicable, a contribution to the cost of driving in the Congestion Charge Zone (“Central London Fee”) (all of these components together make up the “the Estimated Fare”). The Estimated Fare will vary depending upon the Category of Car you choose to ride in. When placing your Ride Request, we [will OR may] show you one Estimated Fare for each Category of Car, so that you are fully informed of the different pricing options available to you. However, a Surge may be applied from time to time due to Increased Demand and the Standard Charges will be higher than mentioned to manage the Supply of Drivers. Any charges that are displayed on the [Standard Charges OR App] in relation to the transportation services are subject to change at any time prior to selecting “Let’s Wystle” and entering into a Transportation Contract.
6.3 Waiting charges. If the Driver is available and waiting at the requested time and location, but you are not there, then after the first two minutes of waiting, you will be charged a fee for each further full minute that you are late (“Waiting Charges”). The per minute Waiting Charge can be found in our [Standard Charges].
6.4 Cancellation fees. If you can cancel your Ride Request, you may be subject to a cancellation fee. Our cancellation fees apply as follows:
6.4.1 If your ride has been scheduled, but the Driver has not yet begun to move towards the pick up point, you can cancel and no cancellation fee will be charged;
6.4.2 If you cancel your ride when the Driver has already begun to move towards the pick up point, you can cancel but we will charge you a £5 cancellation fee.
You can track whether or not a Driver has begun to move towards the pick up point by checking in the APP.
6.5 The final amount you pay for the ride may be differ from the Estimated Fare. The Estimated Fare quoted to you as part of your Ride Request is an estimate and the actual price you pay may differ because the final fare has been adjusted to reflect the actual miles travelled, the time taken, and any tolls or other charges such as Waiting Charges or Cancellation Fees (“Actual Fare”). For example, the Actual Fare may be higher than the Estimated Fare if the journey is extended or altered by you, if the journey takes longer due to higher than expected traffic congestion, or if you incur Waiting Charges.
6.6 [We will pass on changes in the rate of VAT. If the rate of VAT changes between the date you made your Ride Request and the date of your journey, we will adjust the rate of VAT that you pay[, unless you have already paid for the service in full before the change in the rate of VAT takes effect].]
6.7 Third Parties. In most circumstances you will be required to use the services of third party providers in order to access the [App] and Services (“Third Party Services”). Additional terms of use and policies may be incorporated by such third parties and apply to your use and access to the [App] and Services in addition to those terms set out in these terms. Such third parties are not parties to any agreement between you and us but may have the right to enforce these terms against you if you access the [App] and Services using the Third Party Services.
7. PAYMENT
7.1 Payment Method. When using the [App] to make your Ride Request, you will be required to provide account details from which the electronic payment may be taken (“Customer Payment Account”). By providing such information you authorise us to withdraw from your Customer Payment Account (as payment collection agent for the relevant Driver) the Actual Fare.
7.2 Registering your Customer Payment Account. In order to set up a Customer Payment Account you will be required to provide information (including but not limited to) regarding:
7.3.1 Name;
7.3.2 Address;
7.3.3 Type of payment card;
7.3.4 Name as shown on the card;
7.3.5 Card number;
7.3.6 Start date of the relevant card;
7.3.7 Expiry date of the relevant card;
7.3.8 CCV number of the relevant card; and
7.3.9 any other information which we may reasonably require from time to time; and notify us immediately if any of the above information changes.
7.3 Point of Payment. We will automatically take (as payment collection agent for the Driver) the Actual Fare once you have arrived at your drop off point or, if a cancellation fee applies, at the point at which you cancel the ride.
7.4 We use a third party to process payments. Payment will be facilitated by a third party payment gateway and/or payment processing services provider appointed by us (the “Payment Processor”), as varied from time to time.
7.5 You consent to us transferring the details in your Customer Payment Account to our Payment Processor. You acknowledge and agree that we may transfer all information provided by you in relation to your Customer Payment Account to the Payment Processor.
8. COMPLAINTS
8.1 If you are unhappy with our Services. We would like to know if you are in any way unhappy with our Services. Please contact us on [care@wystle.co.uk] or [02033273827] so that we can try to help.
8.2 We are not responsible for, and are not liable for, any acts or omissions of the Driver or the transportation services provided by them. We accept no liability in relation to the actions or omissions of any Driver, or the transportation services provided by any Driver. We will not become involved in any complaint or act as a mediator in any dispute.
8.3 If you want to complain about the Driver, or the transportation services you have received. Please contact use at [care@wystle.co.uk] and we will (where legally possible) provide the Driver’s contact details.
8.4 We are not liable for any payment made by you to the Driver, or for any dispute you may have with the Driver. We do not provide the transportation services and are not a party to the Transportation Contract between you and the Driver – we collect the payment only as the payment collection agent of the Driver. As such, we accept no liability for any payment made in relation to the transportation service you receive from the Driver, including but not limited to:
8.4.1 where you believe the Driver did not provide the transportation services (including but not limited to failing to accurately confirm the point of conclusion of the Transport Services); or
8.4.2 where you believe that the Driver took an inefficient route without good reason (including but not limited to traffic, road closures and blockages);
8.4.3 where you dispute the fact that you caused damage to the vehicle;
8.4.4 where you believe that the Cleaning and Repair Costs are disproportionate to the damage to the vehicle.
Please contact us at [care@wystle.co.uk] and we will (where legally possible) provide contact details of the Driver. We will not become involved in any complaint or act as a mediator in any dispute.
8.5 Lost property. If you have lost any items, please contact us at [care@wystle.co.uk] and we will make contact with the Driver on your behalf to see if the missing items can be located. We accept no liability for any lost or stolen items during your ride.
9 YOUR RIGHT TO END THE TRANSPORTATION CONTRACT
9.1 You may terminate any Transportation Contract at any time. You may terminate any Transport Contact at any time by [opening the [App], locating the appropriate Ride ID, and then selecting “Cancel”]. A cancellation fee may apply, depending on when you cancel your ride (see clause 6.4 details of when cancellation fees would apply).
9.2 Changing your Ride Request during your ride. If you decide to alter the destination [or route] taken during your ride, you may do so at any point by entering the new details into the [App]. We will automatically generate a new Estimated Fare for you and at the point you select [“Let’s Wystle”] you agree to a new Transportation Contract for that destination and your original Transportation Contract will terminate.
10 YOUR RIGHT TO END THE CONTRACT FOR OUR SERVICES
10.1 You may end the contract for our Services at any time. Simply Delete your Account with us.
11 OUR RIGHT TO END THE CONTRACT FOR OUR SERVICES
11.1 We can end the contract for our Services at any time. We reserve the right to suspend or terminate your access to the [App] and use of our Services at any time, for any reason (including but not limited to for breach of these terms), without notice and without liability to you.
11.2 What happens when we end the contract. If we terminate your access to the [App] and/or use of our Service then:
11.2.1 the licence granted under clause 14.1 shall terminate immediately;
11.2.2 you shall immediately delete any and all information, software or data which you have downloaded from or in relation to the [App]; and
11.2.3 we may remotely access any Devices that are in your possession and delete any and all information, software or data which you have downloaded from or in relation to the [App].
11.3 If you breach the contract. Failure to comply with these terms may result in (but is not limited to) our taking all or any of the following actions:
11.3.1 immediate, temporary or permanent withdrawal of your right to access the [App] and/or use the Services;
11.3.2 issuing a warning to you;
11.3.3 commencing legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach; and/or
11.3.4 taking any other legal action against you.
11.4 Your rights. Termination of your access to the [App] and/or our Service will not affect any accrued rights, remedies, obligations and liabilities of either you or us as at termination, including the right to claim damages in respect of any breach which existed at or before the date of termination and clauses which expressly or by implication survive termination shall continue in full force and effect.
12 ABOUT THE [APP]
12.1 Your licence to use the App. Upon accepting these terms you will be granted a Licence to access the App for the sole purpose of using the Services for your personal use only. Your licence to access the [App] does not grant to you any rights in, over or relating to the [App] (or any Intellectual Property contained therein)
12.2 Your Customer Account. In order to access our Services and all parts of the [App], you will be required to create a user account (“Customer Account”). Any Personal Data that you provide as part of the process of creating your Customer Account will be dealt with in accordance with the terms of the Privacy Policy. Unless expressly permitted by us in writing, you may only create one Customer Account.
12.3 When creating your Customer Account you must provide us with information that is true, accurate, complete and not misleading. You will be responsible for ensuring that the information you have provided remains true, accurate, complete and not misleading at all times whilst you maintain a Customer Account and you must notify us immediately in writing if any of the information you have provided ceases to be so.
12.4 When creating a Customer Account you will be provided with a user name and password. You must keep these and any other piece of information that you are provided with as part of our security procedures, confidential. You must not disclose it to any third party.
12.5 You shall not allow any third party to use your Customer Account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us. You will be responsible for any activity that occurs under or in relation to your Customer Account and we will not be liable to you for any loss or damages incurred as a result of any unauthorised use of your Customer Account.
12.6 We are not responsible for viruses and you must not introduce them
12.6.1 We do not guarantee that our [App] will be secure or free from bugs or viruses.
12.6.2 You are responsible for configuring your Device, information technology, computer programmes and platform to access our [App]. You should use your own virus protection software.
12.6.3 You must not misuse our [App] by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our [App], the server on which our [App] is stored or any server, computer or database connected to our [App]. You must not attack our [App] via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our [App] will cease immediately.
12.7 Reasons why we may disable your Customer Account. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms or for any other reason.
13. YOUR DEVICE
13.1 Basic Device capabilities. It is your responsibility for ensuring that you have a suitable hardware and software in order to access the [App]. Access to the [App] is only available using a Device capable (amongst other things) of:
13.1.1 receiving and transmitting mobile data; and
13.1.2 transmitting geolocation data to us so that we may accurately map your location whilst logged into your Customer Account.
13.2 Hardware and software updates. You may from time to time be required to update your hardware and/or download software updates in order to access the [App]. We do not guarantee that you will be able to access the [App] from any particular Device or that such access will be uninterrupted.
13.3 You consent to us knowing your location. By accessing a [App], you consent to our geolocation tracking of each Device (at all times whilst you are logged into your Customer Account) through which you are accessing the [App].
13.4 We are not liable for your Device or any network charges. You may incur charges as a result of the use of a network’s (including but not limited to mobile networks) data when accessing the [App]. You acknowledge that you are solely responsible for any such charges and we accept no liability for any costs incurred by you in relation to:
13.4.1 any purchase you make of a Device (and any subsequent purchases if a Device becomes no longer compatible or able to access the [App] due to any changes or updates we make to the [App]); and
13.4.2 any related costs incurred whilst you are using the [App] and our Services (including but not limited to network data charges).
14 INTELLECTUAL PROPERTY AND [APP] TERMS OF USE
14.1 We own the Intellectual Property Rights in the [App]. We are the owner or the licensee of all Intellectual Property Rights in the [App], the material published on them and the Services. All such rights are reserved. Upon accepting these terms you will be granted a Licence to access the [App] for the sole purpose of using our Services for your personal use only. You may only use the [App] for lawful purposes and incompliance with our [App] Terms of Use [INSERT URL].
14.2 You must not at any point:
14.2.1 reproduce or use any part of the content on the [App] for commercial purposes without obtaining a licence to do so from us;
14.2.2 use, register or claim ownership of the words (alone or in combination with other words or symbols) “Wystle” or “Minicabbid SVHI” or “Minicabbid” or any confusingly similar words or logos (“Trade Marks”) in any format or produce any content or material using the Trade Marks without our prior written consent
14.2.3 frame or mirror any part of the [App] or use meta tags or code or other devices containing any reference to the Trade Marks in order to direct any person to any other web site.
14.3 If you print off, copy or download any part of the [App] in breach of these terms, your right to use the [App] will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. LIMITATIONS OF LIABILITY
15.1 You acknowledge that we are not a party to the Transportation Contract. You acknowledge that we will not be a party to any Transportation Contract and that:
15.1.1 you are solely responsible for any liabilities that arise out of the transportation service you received under the Transportation Contract;
15.1.2 it is down to you to decide whether or not to enter into a Transportation Contract with a Driver.
15.2 We accept no liability for loss or damages as a result of the Transportation Contract or third party services. We do not monitor or perform any particular checks on Drivers and accept no responsibility or liability to you for any loss or damages (even if we have been notified of the potential for such loss or damages) you suffer or incur of any kind arising out of or in connection with:
15.2.1 any Transportation Contract you enter into (including but not limited to delays, non performance, non payment, damage or loss to property); or
15.2.2 any other services provided by a third party; and
You are advised to take all necessary precautions in your dealings with the Driver.
15.3 You agree to indemnify us. You agree to indemnify us and hold us harmless from any and all claims, demands, losses, liabilities and expenses that we incur or suffer and which arise out of or in connection with your:
15.3.1 breach of any of these terms;
15.3.2 breach of any applicable law;
15.3.3 breach of any Transportation Contract;
15.3.4 use of our Services and/or the [App]; and
15.3.5 use of the services provided by a Driver.
15.4 We will only limit our liability to the extent permitted by law.
15.4.1 nothing in these terms excludes or limits our liability for:
(a) death or personal injury arising from our negligence, the negligence of any of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by English Law.
15.4.2 to the extent permitted by law, we exclude all (whether express or implied) conditions, warranties, representation or other terms which may apply to the [App], the content on them and the provision of our Services.
15.5 We limit our liability for certain types of loss. Subject to clause 15.8, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable (or where we have been advised of the potential for such loss), for any:
15.5.1 loss of anticipated savings;
15.5.2 loss of use or corruption of software, data or information;
15.5.3 loss of data;
15.5.4 loss of or damage to property;
15.5.5 indirect loss; or
15.5.6 consequential loss;
arising under or in connection with (i) your use of, or inability to use the [App]; (ii) use of or reliance on any content displayed on the [App]; and/or (iii) any services provided by a Driver as a result of a Transportation Contract entered into through your use of our Services or the App. 15.6 The [App] and our Services are for use by consumers and private individuals only. You agree that in the event you use the [App] for any commercial or business purpose, then in addition to the exclusions contained in clause 15.6, and subject always to clause 15.8, we are not liable for any:
15.6.1 loss of profits;
15.6.2 loss of business;
15.6.3 loss of business interruption;
15.6.4 loss of agreements or contracts;
15.6.5 loss of damage to goodwill; or
15.6.6 loss of business opportunity.
15.7 Our total liability is capped. Subject to clauses 15.1 to 15.6 (inclusive), our total liability to you in respect of all losses not excluded above shall in no circumstances exceed the greater of:
15.7.1 [£50] pounds sterling; or
15.7.2 the amount of insurance cover effected by us and available to meet your claim.
15.8 Your consumer rights are not affected. The limitations set out in this clause 15 do not purport to limit or exclude liability for or alter your rights as a consumer that cannot be excluded by law.
16. OTHER IMPORTANT TERMS
16.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.2 If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
16.3 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.4 Your use of the [App], and our Services shall be governed by English law. This means that any dispute or claim arising out of or in connection with your use of the [App] and/or the Services provided under it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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