Effective as of April 2nd, 2018
1. DEFINITIONS AND INTERPRETATION
In these Conditions (unless otherwise stated), the following words and phrases shall have the following meanings:
“Commission” means the charge levied by Tappa for the provision of the Services, including for the convenience of accessing customers via the App but not from the provision of Transportation Services;
“App” means the mobile application which provides a platform for placing Orders and is owned by Tappa;
“Cancellation Fee” means the fee charged for cancellation of an Order as outlined in Condition 4.7;
“Customer” means the individual making a request via Tappa’s mobile application platform for Transportation Services. A reference to “you” or “your” shall be construed as a reference to the Customer;
“Customer Account” means the Customer’s account with Tappa which contains the Customer’s personal information including their name, address, email address, phone number and payment information;
“Collection Location” means the location notified by you via the App to be picked up by a Driver;
“Data Protection Laws” means (until 25 May 2018) the Data Protection Act 1998 and (from 25 May 2018) the General Data Protection Regulation, together with all legislation made thereunder and any other laws relating to the processing of Personal Data, in each case as altered from time to time; “Driver” means a driver who is an independent contractor and has entered into a driver agreement with Tappa to provide transportation services to users of the App, including Customers;
“Fees” means the fare charges payable by the Customer in connection with the Transportation Services
“Final Location” means the location notified by the Customer using the App as the final destination for the Transportation Services;
“Tappa” means Tappa Limited a company established under the laws of England and Wales with company number 10962023 whose registered office is at (TBA) and references to “us” or “we” shall be construed accordingly; “Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names and logos (including all extensions, revivals and renewals) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world; “Order” means a request for Transportation Services by the Customer via the App;
“Personal Data” has the meaning set out in the Data Protection Laws; “Services” means the platform for ordering Drivers, through the App, for performance of Transportation Services;
“Standby Fee” means the sum as specified the App for each minute or part thereof that a Driver is waiting to collect you or such other sum as notified to you from time to time via the App; and
“Transportation Services” means transportation services to be provided to you by a Driver.
• In these Conditions (unless otherwise specified):
- 1 the words “including”, “include”, or “in particular” meansincluding, includes or in particular without limitation and words in thesingular include the plural and in the plural shall include the singular;
- 2 reference to a party shall, upon any assignment or other transfer that ispermitted by these Conditions shall be construed to include thosesuccessors and permitted assigns or transferees;
- 3 the contents list, headings, and any descriptive notes are for ease ofreference only and shall not affect the construction or interpretation of these Conditions.
4 reference to any legislative provision shall be deemed to include any statutory instrument, by-law, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent re-enactment or amendment of the same.
• These Conditions shall apply to the Customer’s access and use of the Services and all Orders placed by the Customer through the App.
- You must be 18 years of age or older to use the App and place Orders. Access to the App is permitted for personal use only.
- The App provides a means to enable Customers who seek transportation to certain destinations to be connected with Drivers. Tappa does not provide transportation services. Tappa is a technological service provider that uses an electronic platform to provide the Services.
- Access to, and use of, the App is free of charge. You must set up a Customer Account and provide your payment details in order to access the Services. Any notice or other communication permitted or required in accordance with these Conditions by Tappa will be in writing and sent to the email address that you provided when setting up your Customer Account or the App.
- Notwithstanding the provisions of Condition 1, Tappa does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.
3 TRANSPORTATION SERVICES
3.1 In order to connect you to registered Drivers, you will be required to enter your Collection Location into the App. We will provide you with the information regarding the availability of Drivers. If you wish to proceed with your request for Transportation Services, you should select the order button and you will be connected with a Driver for Transportation Services and this shall constitute an Order. By selecting the order button, you will enter into a contract for Transportation Services with a Driver and be provided with their details via the App. For the avoidance of any doubt, your contract for Transportation Services will be with the Driver selected and will not be with Tappa. You acknowledge and agree that Tappa is not a party to your contract for Transportation Services.
3.2 You acknowledge that your geo-location information must be provided by your device in order to enable us to provide the Services. You acknowledge and agree that your geo-location information will be accessible by the App and when you are logged-in your location will be displayed to Tappa and to the Drivers.
3.3 Transportation Services may be cancelled by you prior to the Driver arriving at the Collection Location, subject to the payment of a Cancellation Fee. If you are not at the Collection Location when the Driver arrives, you will
be charged the Standby Fee. Drivers may cancel their provision of Transportation Services at any time.
3.4 Following a Driver completing an Order, you will be able to rate your Driver via the App. Where you choose to rate your Driver, you must provide accurate feedback on the Driver in order to allow us to monitor the quality of the Transportation Services they provide to users of the App. Drivers may also be permitted to rate you as a Customer and such information may be used by Drivers when deciding whether to accept or reject your future Orders. Customers must (and where appropriate Customer’s must ensure their guests) at all times act in a polite and courteous manner towards Drivers and any other passengers of the vehicle.
4.1 In consideration of the Transportation Services, you will be charged the Fees. The Fees may be calculated on either a fixed fee or a metered basis. Where the Fees are paid on a fixed fee basis, the amount of the Fee will be notified via the App and you will have the opportunity to place the Order at your sole discretion at such fixed fees. If you chose to pay on a metered basis, the Fee will be calculated in accordance with our published fees. As a provider of Transportation Services, all Drivers are required by Tappa to provide the Transportation Services in an effective, efficient and safe manner. Once the Transportation Services have been completed and payment made, we will send you an electronic receipt. Details of past journeys are available via the App.
4.2 As part of the booking process, for every Order you place, you agree to Tappa making a pre-authorisation payment on your payment card provided on your Customer Account (“Pre-Authorisation Payment”). The amount of the Pre-Authorised Payment will either be: (i) the fixed fee; (iii) in all other cases, the Fee estimated by Tappa acting reasonably. This amount will not be debited from your account at the time of placing your Order, but is ring- fenced for payment of the Fee. A request will be made against the card you provided for payment of the Fee following completion of your Order. If, after fulfilment of your Order, full payment is not successfully made by you, the Pre-Authorised Payment may be used to settle, or as part payment, towards the outstanding Fee. If payment is received in full, the Pre-Authorisation Payment will be released by Tappa. Please note that this may take your bank up to 5 working days to process.
4.3 If you fail to make payment of the Fee in full, Tappa may suspend your access to the Services or delete permanently your Customer Account and access to the Services. It is not possible to pay fees by cash on the Tappa system.
4.4 If you select a fixed fee payment and then, during the course of the Transportation Services, require the Driver to change his route in any matter whatsoever, including making any unscheduled stops or using an alternative route, the fixed fee may be recalculated to take account of such changes. Fees
will be recalculated based on the meter and such changes to the fixed fee will be notified to you via the App.
4.5 If you are not waiting at the Collection Location when the Driver arrives, you will be charged the Standby Fee. If you do not arrive in (tba) minutes, your Order will be cancelled and you will be charged the Cancellation Fee and the Standby Fee.
4.6 If after placing an Order you decide to cancel your Order, you will be charged a Cancellation Fee as follows:
4.6.1 for Orders placed for Transportation Services within the TfL licensing area:
18.104.22.168 £tba if the Driver has started his journey to Collection Location; or 22.214.171.124 £tba if the Driver has arrived at the Collection Location.
4.6.2 for Orders placed for Transportation Services outside of the TfL licensing area the same fees will apply except:
4.6.3 for Orders for Transportation Services from London Heathrow airport, London Gatwick airport, Luton airport or Stansted airport:
126.96.36.199 £tba if the journey is cancelled 10 minutes or less before the booked time; or
188.8.131.52 £tba if the Driver is unable to perform the Transportation Services because the Customer has not arrived on time at the Collection Location. 4.6.4 for Orders pre-booked in advance:
184.108.40.206 £tba if the Order is cancelled 10 minutes prior to the booked time; or 220.127.116.11 £tba if the Order to cancelled less than 10 minutes prior to the booked time or the Driver has arrived at the Collection Location and the Customer does not show as per the Order.
or such other Cancellation Fee as Tappa may notify from time to time.
5.1 From time to time, Tappa may run promotional offers or bonuses for using the Services and details of such promotions and bonuses shall be made available via the App, text message or email. All Orders must comply with the terms and conditions of any promotional offer.
6 DATA AND DATA PRIVACY
• Tappa does not guarantee that the App will be secure or free from bugs or viruses. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of
service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Tappa will report any such breach to the relevant law enforcement authorities and Tappa will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
- Electronic CommunicationsWhen you use the App or send us emails or use pop-ups or make calls, you may be communicating with Tappa electronically. Tappa will communicate with you by and you agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications should be in writing.
7 SUSPENSION OR MODIFICATION
Tappa reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and your access to the Services. From time to time, Tappa may also restrict access to some or all parts of the Services or the App.
8 TAPPA’S LIABILITY
Nothing in these Conditions excludes or limits Tappa’s liability for death or personal injury arising from Tappa’s negligence or its fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.
The material displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the use of the App, the Services and the internet.
To the fullest extent permitted by law, Tappa (including its officers, directors and employees) and third parties (including any agents or sub-contractors) connected to it hereby expressly exclude:
• all conditions, warranties and other terms which might otherwise be
implied by statute, common law or the law of equity in it provision of the Services or use of the App; and any liability arising under or in connection with:
▪ use of or inability to use, the App or Services;
▪ use of or reliance on any content displayed on the App;
▪ incompatibility of the App with any of your electronic or mobile equipment,
devices, software or telecommunications links; and
▪ unsuitability, unreliability or inaccuracy of the App or the Services.
8.1 Tappa shall not be liable to the Customer for the actions or omissions of any Driver or in connection with the Transportation Services. Your contract for the Transportation Services is with the Driver directly and therefore any claim that you may have in relation to the Transportation Services should be directed to the Driver. If you are unclear as to who provided you with the Transportation Services, you can contact us via the website and ask us to provide you with the Driver details.
- If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking of our contract with you or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time these Conditions were accepted, both we and you knew it might happen. We only provide access to the App or Services for domestic and private use. You agree not to use the App or Services for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit or revenue, loss of business, business interruption or loss of business opportunity.
- Tappa will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on it, or on any website linked to it.
- Tappa shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.
- Subject to the remainder of this Condition 8, Tappa’s total liability to you in connection with these Conditions and the Services, however arising whether caused by tort, including negligence, breach of contract or otherwise, shall be limited to the Fees payable by you in relation to the Order in which the liability arose.
9 INTELLECTUAL PROPERTY
You acknowledge that all Intellectual Property Rights and all other rights in the App are owned by Tappa and remain vested in Tappa at all times and you do not acquire any rights in or to the App under these Conditions.
10.1 These Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your account.
10.2 Tappa is entitled to terminate its provision of the Services to you or your licence to use the App, with immediate effect, by disabling your account or otherwise preventing you from accessing or using the App, at its sole discretion.
Your Customer Account and the Services are personal to you, and therefore you may not assign, sub-licence or transfer in any other way your rights and obligations under these Conditions of use to any third party. However, if necessary, Gett may freely assign its rights and obligations without your consent and without the need to notify you before assigning them.
If any part of these Conditions are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply to the maximum extent permitted by law.
13. THIRD PARTY RIGHTS
Rights under these Conditions only accrue to a person party to these Conditions. Accordingly a person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
14.1 Tappa reserves the right, in its sole discretion, to vary these Conditions at any time. We will notify you of any changes by emails and/or through the App and the date of the most recent revisions will appear at the bottom of this page.
No failure by Tappa to exercise any right or remedy provided in these Conditions or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15. CONTACTING US AND COMPLAINTS
If you have any concerns, or wish to contact us for any reason, you can do so by emailing us at on firstname.lastname@example.orgYou can also contact us by writing to us at our registered address.
16. JURISDICTION AND APPLICABLE LAW
17. NO AGENCY
Nothing in these Conditions shall be construed as creating, in any form, an agency relationship between Tappa and Customers under the laws of England and Wales.
18. YOUR STATUTORY RIGHTS
These Conditions are without prejudice to your statutory rights.