“App”
The software application provided by us as part of the Speedy Radio Cars Platform and as made available for downloading onto certain portable electronic devices through recognized stores including the Apple Store and Google Play.
“Booking Request”
A request, submitted by a User via the App, Web or a phone call to use the Transportation Services. “Booking Services”
“Customers”
The service we provide to you (and to Customers) as further explained in section 2 below. Means the customers identified via the App who wish to engage Transportation Services.
“Fare”
The pre agreed amounts that Customers are charged for Rides (in addition to other applicable fees), for the journey Fare.
“SPEEDY RADIO CARS PLATFORM”
A combination of the App, our website, Over the phone or booked at our office in person and the Booking Services provided by our technology platform.
“Ride”
The journeys that a Customer requested
“Service”
Any of the services described in these Terms including the Booking Services and transportation provided by us.
“JOURNEYS”
Minicabs are referred to in legislation, regulation and common language as ‘Private Hire Vehicles. The term ‘minicabs’ is used throughout these Terms and refers to all such vehicles.
“Transportation Service Area”
The areas and locations in which the Transportation Services are available to Customers at any given time, as indicated through the App. “us”, “we” or “our” Mobile app
“you” or “your”
Speedy Radio Cars ltd (a company registered in the United Kingdom, with company number 6230568
- These are the terms and conditions which apply to your use of the App and its Services. As a Driver, you are introduced to Customers of our Booking Services who seek and obtain Transportation Services from us
- We ask that you read these Terms carefully before you using our mobile App. These Terms set out how we will provide the App and the Booking Services to you, how you and we may change or end your right to use our App, what to do if there is a problem and other important information.
- There are other terms that will apply to your use of the Services. This includes the following: a) our Privacy Policy; and b) the terms of the Apple, Google Play and/or such other store from which you may download the App.
- When you first register with us, you are required to acknowledge and accept the terms and conditions as set out in these Terms and in doing so, you agree to adhere to your obligations arising under these Terms whenever using our Booking Services
- A copy of these Terms is located on our website
- Should you need to contact us, you may do so by e-mail at the address applicable to you: info@minicab4u.co.uk
- If we have to contact you we will do so by telephone or in writing, using the details which you provide to us when opening your Account.
- When we use the words “writing” or “written” in these terms, this includes emails and communications made through the App.
- Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
- Speedy Radio Cars ltd services
- The Booking Service for minicabs (Bookings) submitted by Customers through the App, Web or a phone call, and we provide you (the Driver) with requests. We act as a principal between you and the passenger making journey request for Transportation Services. When we say in these Terms that we will provide you with Booking Services we mean that we will provide you with access to and use of the Driver App Platform, together with any associated support Services that we may offer.
- The Booking Service we provide to the Customers consists of the following: a) Accepting bookings requested by the Customers. When we have accepted the Booking Request, we notify the Customers through the App that their Booking has been accepted. b) We then identify a suitable driver. c) We keep a record of the Booking; d) we receive and deal with any queries or complaints which the Customers may have regarding the Booking; e) we manage lost property queries.
- Subject to your compliance with these Terms, we grant to you a limited, non- sub-licensable, non- exclusive, non-transferable, revocable, licence to: (i) access and use the App on a portable electronic device solely in connection with your use of the Booking Services; and (ii) access and use any content, information and related materials that may be made available through the Services.
- You establish a contract with us for the provision of Booking Services when you select the “Accept” button while registering for our Booking Services via the App. At the point you select the “Accept” button you agree to be bound by these Terms.
- In order for us to provide you with journey requests following our acceptance of Booking Requests, you will be required to: a) enable use of location data sent from your device(s), so that we can check whether you are in the vicinity of the Customers who has submitted a Booking Request; b) update your status on the App, so that we can check that you are available; and c) provide such other information that we may require from time to time
- If we cannot collect the Booking Information, or if the Booking Information we collect is incomplete or incorrect, we will not be responsible to you for providing the Booking Services (or any part of them) late or for not providing the Booking Services (or any part of them) at all.
- If you wish to accept a request for booking Services, you may do so within the App. Please be advised, you must respond to the request within a certain length of time (approximately 15 seconds or such other time limit as we may stipulate from time to time) following the time that request for booking Services is shown on the App. At the point you select the “Accept” button, you will enter into a contract between you and speedy Radio Cars Ltd
- Applying to Use the Driver App
- Prior to downloading the Driver App You must apply to register with Speedy Radio Cars ltd. As part of the registration process, you will need to supply Speedy Radio Cars ltd with information about Yourself, Your private hire vehicle licence, your vehicle (including insurance and road tax) and other information requested by Speedy Radio Cars ltd. This may include a medical certificate, topographical test certificate and any relevant English language test certificate in order to assess Your suitability to use the Driver App. Speedy Radio Cars ltd may verify this information with third party providers and in this respect, where required by applicable law or regulations, You provide Your specific consent to Speedy Radio Cars ltd seeking this verification. Please see clause 16 of these Driver Terms for further information about how we use your personal data.
- You will be provided with Driver number and password when registering. These details are personal to you and are not transferable. The Driver number and password are the methods used by Speedy Radio Cars ltd to identify users of the Software and so are very important.
- By submitting your account application, you represent and warrant that:
- You can legally enter into an agreement with Speedy Radio Cars ltd to use the Software Services;
- You have carefully studied, fully understand and agree to be bound by these Driver Terms, including all the obligations imposed on you by these Driver Terms;
- All the information presented to Speedy Radio Cars ltd by you is, and shall continue to be, accurate, correct and complete;
- Once you have an account to use the Software Services, you will not authorize any other person to use your account nor transfer it to any other person.
- You will not use the Software for unauthorized or unlawful purposes or impair or seek to impair the proper operation of the Software;
- You will not copy or distribute the Software or other Speedy Radio Cars ltd content.
- You have, and will continue to have, the right to work in the United Kingdom (including holding a valid National Insurance Number);
- You have, and will continue to have, all the necessary permits, licences (including a private vehicle hire licence), insurances, road tax and authorizations to provide the Journeys under these Driver Terms. Where there are 'special conditions' attached to my London Private Hire Driver's Licence, particularly though not limited to, limitations on the period of time which, or periods, during which I am/am not permitted to provide services, I agree to fully comply by those conditions.
- You will, at all times while providing Journeys, have valid hire and reward insurance, liability insurance (if applicable)
- You are, and will at all times be, medically fit to operate a motor vehicle and shall not engage in reckless behavior while driving, including by driving unsafely, operating a vehicle that is unsafe to drive, permitting an unauthorized third party to accompany You in the vehicle while providing Journeys while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of Passengers or third parties;
- You understand that Speedy Radio Cars Ltd will provide information regarding You, Your Driver account, and Your trip history to law enforcement agencies as Speedy Radio Cars Ltd deems it appropriate do so in cooperation with investigations or otherwise.
- Speedy Radio Cars Ltd will review Your application and may approve You to be a driver associated with Speedy Radio Cars Ltd if You meet the necessary criteria.
- Speedy Radio Cars Ltd will continually monitor your compliance with these Driver Terms, including by verifying your licences, insurances and information (also with third persons). You agree to:
- co-operate with Speedy Radio Cars Ltd and provide any further documents or information requested in order for Speedy Radio Cars Ltd to conduct such checks; and
- Promptly disclose to Speedy Radio Cars Ltd if there has been any material change in your circumstances that relate to your ability, fitness or legal entitlement to offer or perform Journeys or ability to comply with these Driver Terms. For the avoidance of doubt, but without limitation, this will include any revocation of your driver’s licence, refusal of insurance; changes to your eligibility for a private vehicle hire licence, and criminal investigation, charges or convictions.
- Where you fail to comply with any of the requirements and/or conditions set out in these Driver Terms, Speedy Radio Cars Ltd will be entitled to immediately terminate these Driver Terms with you, in which case you will no longer be permitted to use the Software.
- Speedy Radio Cars Ltd Driver App
- Once approved to use the Driver App, Speedy Radio Cars Ltd will send you details of how to download and set up the Driver App as well as a personal account which can be used by you to access the Software.
- As long as you comply with these Driver Terms, Speedy Radio Cars Ltd agrees to allow you to access and use the Software Services in accordance with these Driver Terms, the Speedy Radio Cars Ltd. Privacy Policy and the applicable app-store terms (incorporated into these Driver Terms by reference). You may not transfer or sub-license this right to use the Software Services.
- In order to use the Software, You must access your personal account in the Driver App using the driver number and password you been given during registration.
- Speedy Radio Cars Ltd will use the Driver App to communicate with You in relation to possible Journeys you may or may not wish to agree to provide as part of your business undertaking which are around Your current location and also to remind You of various road rules, send You messages and restrict pick-up areas as per Your licence jurisdiction.
- Speedy Radio Cars Ltd will have the sole authority under its operating Licence to make provision for the invitation or acceptance of, or to accept, Journey requests from passengers. Once Speedy Radio Cars ltd. has accepted a Journey request from a Passenger Speedy Radio Cars Ltd will then seek to allocate this Journey booking to the closest Driver (geographically) to the Passenger to fulfill through the Driver App. If the closest Driver does not acknowledge the booking allocation within a set timeframe or declines to fulfill the Journey booking in the Driver’s absolute and sole discretion for whatever reason, the booking will then be re-allocated to the next closest Driver (and so on). It will be up to Speedy Radio Cars ltd to terminate an accepted private hire booking for a Journey with a Passenger if it cannot successfully allocate a Driver to the relevant Journey. Once you have accepted the allocation of the Journey through the Driver App, all the relevant Journey information will appear in Your Driver App, including the details of the Passenger and the Journey starting point.
- In order to priorities Driver and Passenger safety, Speedy Radio Cars Ltd may (at its discretion) limit your access to
The Driver App where you have been providing Journeys for long periods.
- If Speedy Radio Cars Ltd is made aware that Your behavior has deviated from our Driver Terms, or that you are under investigation for a criminal offence, Speedy Radio Cars Ltd reserves the right to take action by revoking Your access to your Driver account indefinitely or until Speedy Radio Cars Ltd sees fit.
- Speedy Radio Cars Ltd will, at all times, retain control and management of the Software (dispatch services) in order to:
- Accept and manage Journey bookings as set out in these Driver Terms;
- Monitor driver and vehicle profiles;
- Monitor, on screen, the location, status and Journey details of all vehicles using the Software Services at any given time;
- Provide support services in respect of dispatching;
- Report on the Journeys;
- Reject certain Passengers if their accounts are in arrears; and
- Address complaints and lost property issues including liaison with local law enforcement.
- If You suspect that your driver number or password have been copied or stolen, you must notify immediately.
- Journey Bookings
- Speedy Radio Cars Ltd will accept Passenger requests for Journeys and then prompt you via the Driver App if a relevant Passenger booking has been generated for a Journey in Your area when you are available. These Passenger bookings will not be exclusive to you, and will also be offered to other Drivers.
- Speedy Radio Cars Ltd does not guarantee that the use of the Software will result in you receiving offers for allocations of bookings for Journeys.
- You are not obliged to accept any offers for allocations of Journey bookings. Speedy Radio Cars Ltd encourages you to keep your profile up to date with when you are and are not available, in order to get relevant requests as this helps Speedy Radio Cars Ltd to offer to allocate, in principle, the bookings for Journeys it has accepted in an efficient manner.
- You may cancel a Journey which you have accepted any time before you begin the Journey by informing the us through the Driver App functionality available on the Software Services. However, Speedy Radio Cars Ltd will monitor the number and frequency of Journeys You reject and reserves the right to suspend or terminate your access to the Software Services where you repeatedly, or consistently, rejected Journeys after you have accepted them.
- Your Commitments to Passengers
- As a Driver you commit to each passenger that you will provide a high level of service to the Passengers in respect of the Journeys which you agree to provide to the Passengers. In order to maintain Speedy Radio Cars Ltd’s integrity and reputation. Speedy Radio Cars Ltd monitors your activity on the Software. In the course of you providing the Journeys to the Passengers, You commit to the Passengers that you will:
- Pickup the Passenger from their collection point to their point of destination in a reasonably direct and efficient manner as You deem fit in your discretion, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);
- Comply with all laws and regulations applicable;
- At all times be medically fit to operate a motor vehicle, including being free from the influence of alcohol or drugs;
- not engage in reckless behavior while driving or drive unsafely, including by operating a vehicle that is unsafe or illegal to drive or allowing a third party to operate the vehicle;
- Act in a professional manner in accordance with the business ethics applicable to providing passenger journeys and Endeavour to perform the Passenger’s request in the best interest of the Passenger;
- Not carry weapons (or permit weapons in your vehicle), use or encourage violence, racism or discrimination in any form;
- have and maintain valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services; and
- Only use personal data provided by the Passenger in accordance with clauses 16.3 and 16.4 of these Driver Terms.
- You acknowledge that Speedy Radio Cars Ltd has no control over the Passenger. Speedy Radio Cars ltd shall have no responsibility or liability with respect to how (or whether) the Passenger uses Your Journeys, including delays
- You commit to report to Speedy Radio Cars Ltd any event out of the ordinary which occurs during the Journey. Speedy Radio Cars Ltd shall keep a record of all Journey bookings, complaints and lost property.
- Identification of Passengers
- Before starting a Journey, You must verify that you are providing the Journey to the Passenger shown in the Driver App (or that the Passenger has expressly confirmed that they allow the passenger to use their account).
- If you have made a mistake in identifying the Passenger, and the Fare (as defined in clause 10) is charged to a person who has not been provided or has not approved the Journey, Speedy Radio Cars Ltd shall reimburse the Passenger for the Fare paid
- Fares
- You agree that you will accept any fare quoted by Speedy Radio Cars Ltd
- Before accepting an allocation of a Journey booking, you will be provided with an fixed Fare for the Journey The fixed fare will also be provided to the Passenger.
- Reporting Misconduct
- Without affecting any of Speedy Radio Cars Ltd other rights under these Driver Terms, where Speedy Radio Cars Ltd has reasonable grounds to suspect that You have committed, attempted to commit, aided or abetted a crime, they shall take all steps deemed necessary in the circumstances, including reporting Your misconduct to the appropriate authorities. You acknowledge that this may include reporting your conduct to the Police, Transport for London or any other relevant authority and providing that agency with your details and/or any relevant information Speedy Radio Cars Ltd holds about the circumstances at issue. Where the misconduct relates to fraud, including fraudulent or forged documents
- Rules of Acceptable Use
- In addition to the other requirements within these Driver Terms, this clause describes specific rules that apply to your use of the Software Services (the "Rules of Acceptable Use”).
- When using the Software Services (including, where relevant, during any Journey) you must not:
- Circumvent, disable or otherwise interfere with any security related features of the Software Services;
- Use the Software Service if Speedy Radio Cars Ltd has suspended or banned you from using it;
- Modify, interfere, intercept, disrupt or hack the Software Services;
- misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Software Services or any user of the Software Services’ own equipment;
- Collect any data from the Software Services other than in accordance with these Driver Terms;
- Submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
- Submit or contribute any User Content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
- Use any User Content in violation of any licensing terms specified by the owner;
- Submit or contribute any information or commentary about another person without that person’s permission;
- threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
- use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Software Services in a manner that sends more request messages to the Software Services than a human can reasonably produce in the same period of time.
- Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Driver Terms, and may result in Speedy Radio Cars Ltd taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use the Software Services;
- Immediate, temporary or permanent removal of any User Content;
- Issuing of a warning to you;
- Legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
- Disclosure of such information to law enforcement authorities, proactively or reactively, as Speedy Radio Cars Ltd reasonably feel is necessary and in conformity with local legislation.
- The responses described in paragraph 10.3 are not limited, and Speedy Radio Cars Ltd may take any other action they reasonably deem appropriate.
- Liability
- Speedy Radio Cars Ltd does not make any promise that access to Software will be uninterrupted or error free. To the maximum extent permitted under applicable law, Speedy Radio Cars Ltd, directors or employees are not liable for the proper functioning of the Software and any loss or damage that may occur to you as a result of your use of the Software.
- Subject to clause 11.5 of these Driver Terms, to the maximum extent permitted under applicable law, Speedy Radio Cars Ltd, directors or employees are not liable for any loss or damage that You may incur under or in connection with these Driver Terms or as a result of using the Software, including but not limited to:
- Any direct or indirect property damage or monetary loss;
- Loss of profit or anticipated savings;
- Loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
- Loss or inaccuracy of data; and
- Any other type of indirect or consequential loss or damage.
- You accept that Speedy Radio Cars Ltd has any liability in relation to the Journeys other than as expressly provided in these Driver Terms.
- Nothing set out in these Driver Terms limits or excludes Speedy Radio Cars Ltd liability to you in relation to:
- Death or personal injury arising as a result of Speedy Radio Cars Ltd’ negligence;
- Fraud on the part of Speedy Radio Cars Ltd
- Any other liability that cannot be excluded or limited under applicable law; or
- Speedy Radio Cars Ltd will try to prevent unwelcomed Passengers from using the service. However, Speedy Radio Cars Ltd is not liable for the actions or non-actions of the Passengers or their co-passengers using the service and/or during any Journeys provided Speedy Radio Cars Ltd shall not be liable for any loss or damage that may occur to You as a result of actions or non-actions of the Passengers or their co-passengers at any time.
- You are fully responsible and liable for any breach by you of these Driver Terms and/or any other applicable laws or regulations. If Speedy Radio Cars Ltd or any authority notifies you of a breach, you must stop and remedy such breach immediately.
- You agree to fully indemnify and hold Speedy Radio Cars Ltd Operations, their Affiliate Companies, licensors, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, penalties, fines, costs and expenses of any nature) that they suffer as a result of Your use of the Software and provision of Journeys, including those claims or losses result from:
- Your breach of these Driver Terms or documents incorporated by reference;
- Your violation of any law or the rights of a third party, including, without limitation, Passengers, other motorists, and pedestrians, as a result of Your interaction with such third party;
- Any allegation that any materials that You submit to Speedy Radio Cars Ltd or transmit through the Software infringe or otherwise violate the rights (including intellectual property rights) of any third party;
- Your ownership, use or operation of a motor vehicle or passenger vehicle, including the provision of Journeys; and/or
- Any other activities in connection with the provision of Journeys by You.
- As a self-employed driver, you are solely responsible for any tax obligations (for example, income tax or employee national insurance contributions) that you incur as a result of providing the Journeys. To the maximum extent permitted by law, you indemnify Speedy Radio Cars Ltd from all tax liabilities, duties, levies, claims and penalties that they may incur as a result of your failure to comply with your tax obligations. If you have any concerns, please seek professional tax and accounting advice.
- Term and Termination
- These Driver Terms are effective upon your submission of your application to register with Speedy Radio Cars Ltd and will continue in full force and effect until terminated by either party in accordance with these Driver Terms.
- You may terminate your relationship with Speedy Radio Cars Ltd at any time by giving Speedy Radio Cars Ltd 7 (seven) days’ notice in writing. Upon termination, the license granted to you is automatically revoked and you must immediately cease use of the Driver App.
- Unless otherwise set out in these Driver Terms, Speedy Radio Cars Ltd may terminate their relationship with You at any time by giving You at least 3 (three) days’ notice in writing.
- Speedy Radio Cars Ltd are also entitled to immediately terminate their relationship with You and block Your access to the Software (including preventing You from registering a new account) without giving any advance notice if:
- You are in of breach of these Driver Terms and/or any applicable laws or regulations; or
- You provide poor service (as evidenced by Passenger complaints) and such poor service standards would, in Speedy Radio Cars Ltd reasonable opinion, bring Speedy Radio Cars Ltd into disrepute.
- Upon termination of your relationship with Speedy Radio Cars Ltd by any party for any reason and howsoever caused all rights granted to You under these Driver Terms shall cease and You must cease all activities authorized by these Driver Terms. At such time, you must delete or remove the Software from Your device.
- Final Provisions
- These Driver Terms shall be governed by, and construed and enforced in accordance with the laws of England and Wales.
- Any dispute, conflict, claim or controversy that may arise out of or in connection with these Driver Terms, whether with respect to their existence, validity, interpretation, construction, enforceability, performance, breach, termination or otherwise (and including non-contractual disputes) (any “Dispute”), shall be settled by way of informal negotiations wherever possible. If the respective Dispute resulting from these Driver Terms could not be settled through such informal negotiations, then the Dispute shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be London, England. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and Your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- You may not assign these Driver Terms or any of the rights or obligations under these Driver Terms.
- You agree that Speedy Radio Cars Ltd may assign any of its obligations arising under these Driver Terms to any Affiliate Company.
- Any notice required to be given to You by Speedy Radio Cars Ltd will be delivered to the email address associated with Your account, sent by registered mail to the address associated with Your account, Any notice required to be given by You to Speedy Radio Cars Ltd should be delivered using the registered mail to Speedy Radio Cars Ltd registered office or by email to the email address on the Website.
- If any provision of these Driver Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Driver Terms shall not be deemed a waiver of such term.
- Speedy Radio Cars Ltd may change these Driver Terms at any time by giving you at least fourteen (14) days’ prior notice. Speedy Radio Cars Ltd commits to informing Transport for London of any significant changes Speedy Radio Cars Ltd makes in accordance with Regulation 9(13) of the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 which provides that: 'The operator shall notify the licensing authority of any material changes to its operating model that may affect the operator's compliance with the 1998 Act, these Regulations or any conditions of that operator's licence, before those changes are made.'
- Any change shall come into effect and be deemed accepted by you if you continue to use the Software after the expiry of the notice period above.
- No provision of these Driver Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Driver Terms.
- Date of entry into force of the Driver Terms 01November 2020