Terms and Conditions

Terms and Conditions for W247SS Limited Driver App

APPLICABILITY

These Terms and Conditions (“Terms”) constitute the full agreement between:

the Driver Partner (also referred to as “you”);

W247SS Limited (the “Company”) (also referred to as “we, us and our”) in relation to the Partner offering Passenger Transport Services through the Company platform;

247 Cars Willenhall Limited our Agent who may offer the provision of certain equipment leasing and billing services to the Partner in addition to licensing compliance and checks on behalf of the Company.

Please review these terms carefully before you accept them.

DEFINITIONS

W247SS Limited: the Company is a company incorporated in the Republic of Ireland with registered number 631192 and registered office at Digital Office Centre, Balheary Road, Swords, Co. Dublin, K67 E5A0, Republic of Ireland.

Driver Partner (or “you”): a natural person or legal entity who / which has been approved by the Company and Our Agent(s) as a Partner having applied to the Company for such approval and having agreed to the Terms who:

is individual who possesses a valid:

(a) Private Hire Vehicle Driver’s licence issued by one of the Licensing Authorities; or

(b) Hackney Carriage Driver’s licence enabling him / her to perform Passenger Transport Services through the Company and is able to receive bookings through the Driver App on the Partner’s account.

Client: a natural or legal person who books the provision of Passenger Transport Services (whether for themselves or another person).

Driver App: Mobile application software licensed by the Company, via which, Driver Partners can offer Passenger Transport Services to Clients.

Driver Licencing Fee: means the fee payable by the Driver Partner to the Company in return for access to the Driver App, charged weekly in arrears.

Fare(s): means the monies paid to the Driver Partner by the Client either directly (cash or card payments direct to the Driver Partner) or indirectly (including account or card payments) made by the Client to the Driver Partner.

Licensing Authorities: the local authorities from which Our Agent(s) holds a private hire vehicle operator’s licence, details of which are available directly from Our Agent(s).

Our Agent(s): means the private hire vehicle operator(s) that the Company engages as its agents that hold valid licences to invite bookings for private hire from their relevant licensing authority. Namely:

247 Cars (Willenhall) Limited: a UK private limited company with company number 08433358 and registered office at Watery Lane, WV13 3SU.

City Cars (Midlands) Limited: UK private limited company with company number 03986699 and registered office at David Road, Lichfield WS14 9DZ.

Passenger: natural person being transported by a Driver Partner because of a booking made by a client which was subsequently accepted by a Driver Partner via the Driver App.

Passenger Transport Services: The service of conveying a Passenger from a departure point to a destination point using the Vehicle.

The Vehicle: the vehicle or vehicles (multiple vehicles may be assigned to a Driver Partner account) which is adequately licensed by one of the Licensing Authorities for Passenger Transport Services which are rendered by a Driver Partner.

NATURE OF RELATIONSHIP

The Company is not obliged to offer any work to Driver Partner, and the Driver Partner is not obliged to accept any work which may be offered to them. The Driver Partner may elect to refuse any passenger journey offered to them at their sole discretion, although Driver Partner acknowledges that:
for certain Clients and/or pick up areas, the Company will only offer work to Driver Partner, complies with the additional requirements set out in 3.1.1. below.

3.1.1. Additional requirements

There are certain limited circumstances where the Driver Partner may be required to comply with additional criteria in order to be offered work through the Driver Partner App, namely: Driver Companion App by Autocab.

3.1.1.1. Vehicle occupancy limitations

The Company will not allow the Driver Partner to access bookings via the Driver App to transport more Passengers than the Driver Partner’s Vehicle is licensed to carry.

For example, if a vehicle used by the Driver Partner is only licensed to carry 4 Passengers the Driver Partner will not be able to access bookings for 5 or more Passengers.

3.1.1.2. Driver compliance limitations

Our Agent(s) may generate bookings from Clients that they have tendered for which require additional safety checks to be undertaken by Our Agent(s) prior to bookings being offered to the Driver Partner.

In such instances, the Driver Partner may be required to provide an enhanced DBS check to Our Agent(s) in order to comply with the Client’s requirements for Passenger Transport Services.

The Driver Partner will require Our Agent(s) approval to access bookings with enhanced compliance requirements in the Driver App.

More information can be provided by Our Agent(s).

3.1.1.3. Use of Our Agent(s) marketing materials

In certain instances, Our Agent(s) may be required by the Client to ensure their marketing materials are visible for Passenger Transportation Services. Such as, Our Agent(s) signage or apparel showing Our Agent(s) branding.

The Driver Partner will require Our Agent(s) approval to access bookings with marketing material requirements in the Driver App.

More information can be provided by Our Agent(s).

3.1.1.4. Additional Knowledge

Certain pick up and drop off points may require the Driver Partner to be equipped with additional knowledge and/or training.

The Driver Partner will require Our Agent(s) approval to access bookings additional knowledge requirements in the Driver App.

The Company may, at its discretion, procure that two types of work are offered through the Driver App: journeys pre-booked for a particular time (for example, an appointment to collect a Passenger from an airport at a particular time); and “ASAP” journeys, where a Driver Partner using the Driver App may be offered the opportunity to pick up a Passenger from a location proximate to the Vehicle as soon as possible.
While the Driver Partner is not under obligation to perform any work offered by the Company, either at all or in any particular amount, insofar as a Driver Partner does elect to offer their services and accept work through the Driver App, the Driver Partner gives the following undertakings via Our Agent(s):
where a Driver Partner has accepted a pre-booked journey, to ensure (insofar as possible) the arrival of the Vehicle at the pickup location at the time speciﬁed in the booking;
to ensure the safety of Passenger(s) throughout the entire journey;
to ensure that the Driver Partner is licensed and certiﬁed for rendering Passenger Transport Services to Passengers in accordance with all applicable (local) laws and regulations, including but not limited to possessing a valid (a) private hire vehicle driver’s licence issued by one of the Licensing Authorities or (b) hackney carriage driver’s licence (being the same authority as the one which has licensed the Vehicle he or she is driving);
to ensure that the Vehicle is fully licensed and authorised to provide Passenger Transport Services, including but not limited to possessing a valid private hire vehicle licence issued by one of the Licensing Authorities or hackney carriage vehicle licence;
that the Vehicle is roadworthy and is licensed and certiﬁed in accordance with all applicable (local) (safety) laws and regulations;
to comply with all applicable (local) (safety) laws and regulations regarding Passenger Transport Services;
to have insured the Vehicle, the lives and health of Passengers as well as the carrier liability in accordance with all applicable (local) laws and regulations;
to be fully and exclusively liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of the actions or inactions of (subcontractor) of Partner or Driver;
not to be undergoing reorganisation, bankruptcy, liquidation or any other proceedings of this kind;
to assist in handling and resolving Client complaints promptly upon request by the Company or Our Agent(s), and to compensate the Company or Our Agent(s) for any costs associated with any Client’s claim which result from a breach of the Terms by the Driver Partner.
Becoming a Driver Partner and paying the relevant licence fees gives you permission to install and have access to the Driver App, for as long as the Terms remain in force. It is up to you to comply with the requirement that you are appropriately licensed and have been accredited by the Company or Our Agent(s) in advance. You will then be granted to the Driver App linked to your account using the unique access details provided to you for this purpose by the Company. You must be licensed and certified in accordance with all applicable laws and regulations and have the right to work in the United Kingdom.
CREATING AN ACCOUNT
Before being able to use the Driver App, the Driver Partner must create an account with the Company. The Company will provide log-in details for the Driver Partner. Drivers shall use their own personal log-in details to log in to the Driver App.
In order to create an account, the Driver Partner must provide the following information: bank details; VAT number (if applicable); legal name (corporate name if legal entity, trading name if sole trader) and company number (if legal entity). In addition, the Driver Partner must provide the following information: date of birth; private hire vehicle or hackney carriage drivers licence number and issuing authority; NI number (and Share Code if required to demonstrate the right to work in the UK); UTR number (if applicable); private hire vehicle or hackney carriage licence; driving licence; any such other information as may be reasonably required by the Company or Our Agent(s).
The Company may deactivate or annul accounts at any time, in particular if:
The Company has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes;
The Driver Partner fails to comply with the Terms or the Company or Our Agent(s) has reason to believe that Partner has failed to comply with the Terms;
The Company has reason to believe that the Driver Partner has failed to ensure that the Passenger Transport Services are performed using the Vehicle, or Driver Partner who is properly authorised, licensed and certified and has the right to work in the UK;
The Driver Partner is or will be undergoing reorganisation, bankruptcy, liquidation or any other proceedings of this kind;
The Company has reasons to believe that Partner has failed to meet the standards of service required by the Company or Our Agent(s);
A Driver App is inactive for 30 days or more, in which event the Driver Partner (or relevant Driver authorised under their Partner account) may be required to undergo reaccreditation checks (for the avoidance of doubt, such a suspension does not affect the continuance of These Terms);
The Driver Partner is in arrears with licence fees;
The Driver Partner fails to inform the Company or Our Agent(s) that their licence is due to expire within 14 days of the expiry date;
Such other reasons as the Company may reasonably determine in its sole discretion.

Our Agent(s) may conduct compliance checks and liaise with the Driver Partner in relation to their licence(s) in line with the responsibilities imposed on Our Agent(s) and Driver Partners by Licensing Authorities.

CONDITIONS OF USE FOR THE DRIVER APP

The Company makes the Driver App and the work offered via the Driver App available to the Driver Partner on a non-exclusive, non-transferrable revocable weekly licence for business purposes in accordance with these Terms and for the weekly prevailing licence fee outlined in the Driver Fees Schedule of fees as amended by the Company at its own discretion from time to time. Licence fees are payable by the Driver Partner to the Company or in certain instances Our Agent(s) as collection agent for the Company weekly in arrears/advance.
The Driver Partner will not, misuse the Driver App, and in particular:
The Driver Partner will not (or will not attempt to) get access to the Driver App by means of an account based on a false identity;
The Driver Partner will not get access to the Driver App by means of another Driver Partner’s account and/or otherwise try to violate the security systems of the Driver App or Driver Platform, nor allow any unauthorised third party access to the Driver Partner’s account;
The Driver Partner will not instruct or allow third parties to make and distribute copies of the Driver App or (attempt to) copy, rent, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Driver App, or create derivative works of the Driver App of any kind whatsoever.
The Company reserves the right to amend or withdraw the Driver App at any time and for any reason.

PAYMENT

The Company acts as an intermediary between Clients and Driver Partners. Pursuant to its operator’s licences granted by the Licensing Authorities, Our Agent(s) make the provision for the invitation and acceptance of bookings for Passenger Transport Services. Work which is subject to this regulatory acceptance is offered by the Company through the Driver App as provided for above. All contracts for Passenger Transport Services are entered into between the Driver Partner accepting the relevant work and the Client requesting the relevant work. The Company is not a provider of Passenger Transportation Services and is not party to such contracts.
As part of its intermediary services, the Company by Our Agent(s) enters into booking service arrangements with various Clients to pay for Passenger Transport Services on account (so in arrears on invoice). Where work is offered for such Clients (“account work”), Our Agent(s) will as agent for the relevant Driver Partner who has undertaken account work invoice the relevant Clients for such account work and remit the invoice proceeds to the relevant Driver Partner and may deduct an administration fee agreed with the Driver Partner. Our Agent(s) also reserve the right to charge Clients a service charge for account work which it may retain.
As part of its intermediary services, the Company or Our Agent(s) offer the facility to Driver Partners to process payments for Passenger Transport Services made by credit card. An administration fee as a percentage of the value of credit card transactions may be made by the Company or Our Agent(s) our sole discretion for undertaking such processing.
Right to withhold payments to the Driver Partner in case of (suspicion) of non-compliance or fraud – If the Company or Our Agent(s) have reason(s) to believe or suspect that the Driver Partner has materially failed to comply with its obligations under this Agreement or is involved in fraudulent activities, the Company and/or Our Agent(s) is entitled to withhold payments to Driver pending completion of an investigation.
No minimum income – The fees that the Company pays to Partner depends on the number of rides that the Driver Partner execute by using the Company’s intermediary services. the Company does not guarantee Partner any, or any minimum, income.
The Driver Partner gives the Company express permission to deduct any fees owed to the Company from the balance of credit card payments processed on behalf of the Driver Partner by the Company in a given charging period.
Tax obligations – the Driver Partner is fully and exclusively responsible for compliance with all applicable (local) tax laws and obligations in relation to the provision of Passenger Transport Services pursuant to the Terms. The Driver Partner will indemnify and keep the Company and/or Our Agent(s) indemnified against any costs (including legal costs), claims, damages, penalties, liabilities, expenses, proceedings or interest the Company may suffer or incur as a result of the Driver Partner’s failure to comply with this obligation

PASSENGER TRANSPORT RATES

The tariffs that are charged to Clients who buy Passenger Transport Services are shown on the Driver App for individual journeys. All tariffs are available within the Driver App.

NO AGENCY RELATIONSHIP WITH [IRISH CO.]

The Driver Partner warrants that it is an independent contractor in business on its own account. the Company acts as an intermediary between the Driver Partner and Clients (by way of bookings invited for orivate hire by Our Agent(s)), providing a platform through which Partner can enter into contracts for the provision of Passenger Transport Services to Clients. Our Agent(s) are the agent of the Driver Partner for the limited and sole purposes of the regulated activity of making provision for the invitation and acceptance of bookings for a private hire vehicle and (where applicable) invoicing and credit control for account work and/or the processing of credit card payments.

MARKETING, ADVERTISING

The Company has the right to carry out advertising and promotion activities of its intermediation services at its sole discretion. The Company will determine, at its sole discretion, the volume, content and method of its advertising and marketing activities.

DATA PROTECTION AND PRIVACY

Any personal data that Partner supplies to the Company, whether relating to the Driver Partner (if a natural person) or any Driver, will be used in accordance with the Company Privacy Policy.
The Driver Partner agrees to take such steps as are necessary to comply, and to assist the Company to comply, with all applicable obligations under data privacy legislation including but not limited to the General Data Protection Regulation, including ensuring that personal data of Clients and Passengers is only processed in a manner consistent with the legislation, is not used for any unauthorised or unlawful purpose (including any Driver contacting any Client or Passenger for any reason other than the provision of the Passenger Transport Services), is stored safely and securely, and is not retained for any longer period than necessary to comply with legal obligations.

INTELLECTUAL PROPERTY RIGHTS, LICENCE

The Company/ Our Agent(s) are the exclusive owner of all (intellectual property) rights relating to the words / device marks. The design and interface of the website (s) as well as the corresponding domain names. All intellectual property rights of any nature vesting in the Driver App together with the underlying software code are exclusively owned by the Company/Our Agent(s).

AVAILABILITY OF DRIVER APP, DISCLAIMER OF WARRANTIES

The Company will use reasonable efforts to make the Driver App available at all times (but is under no obligation to do so). However, the Driver Partner acknowledges the Driver App is provided over the internet and the quality and availability of the Driver App may be affected by factors outside the Company’s reasonable control.
The Company, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Driver App, or any difficulty in downloading or accessing content, or any other communication system failure which may result in the Driver App being unavailable.
The Company will not be responsible for any support or maintenance of the Driver App.
To the maximum extent permitted by law, the Company hereby disclaims all implied warranties with regard to the Driver App. The (software of the) Driver App is provided “as is” and “as available” without warranty of any kind.

EQUIPMENT REQUIREMENTS INCLUDING DRIVER APP

The Driver Partner is responsible for providing all necessary tools and equipment to perform the Passenger Transport Services, including in particular the Vehicle, fuel for the Vehicle. The Driver Partner is responsible for the servicing and maintenance of the Vehicle.
The Driver Partner must equip each working Vehicle with a dedicated personal digital assistant device on which to host the Driver App, and chip and pin credit card reader (unless otherwise provided by the Company or Our Agent(s)), which equipment may be hired from Our Agent(s) from week to week in accordance Our Agent(s) tariffs of equipment hire fees prevailing from time to time.
The version of the Driver App software may be upgraded from time to time to add support for new functions and services. This may require the Driver App to be unavailable for a period of time which the Company will not be held liable for any loss of work to the Driver Partner.
It is the Driver Partner’s responsibility to ensure that their personal digital assistant device is regularly updated to ensure compatibility with the latest version of the Driver App.

LIMITATION OF LIABILITY

The Company is in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of the actions or inactions of any the Driver Partner, Clients or Passengers.
Neither is the Company in any event liable for:
any damages resulting from a third party fraudulently making use of Partner’s account;
failure to meet any of the Company obligations under These Terms where such failure is due to events beyond the Company control (for example a network failure);
any damage or alteration to Driver Partner or any Driver Partner’s equipment, including but not limited to computer equipment, handheld device or mobile telephones, as a result of the installation or use of the Driver App.
any road traffic violations, parking violations or any other penalty charges the Driver Partner may receive whilst using the Driver App.

Nothing in These Terms shall exclude or limit any liability of the Company which cannot be excluded or limited under applicable law.
TERMINATION

This agreement may be terminated at any time immediately upon written notice by one party to the other.

MISCELLANEOUS PROVISIONS

For any complaints or questions and / or lost & found items, mail us via [email protected]
The Terms shall be governed by and construed in accordance with the law of the Republic of Ireland.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Dublin, Ireland. The language of the arbitration shall be English. The courts of the Republic of Ireland shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. The arbitrator’s award or decision will be final and binding on the parties. Each party in the arbitration will be responsible for its own legal fees, costs and expenses, subject to the arbitrator’s authority to award legal fees to a prevailing party if expressly permitted by the law under which the dispute arises. Arbitration shall be the sole, exclusive and final remedy with respect to all disputes provided that you have not lodged an objection and given notice that you claim the right of settlement of the dispute of by the court with jurisdiction pursuant to the law within one month of the Company invoking this arbitration clause.
If any provision of The Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from These Terms and shall not affect the validity and enforceability of any remaining provisions.
Partner shall not have the right to assign this agreement without the prior written consent of the Company.
Nothing in The Terms shall be construed as placing any restriction on the Driver Partner’s ability to offer or to provide services to such third parties as the Driver Partner may choose, including competitors of the Company, and it is acknowledged that at the same time as a Driver is using the Driver App through the Driver Partner’s account the Driver Partner may simultaneously keep open the apps of one or more other potential work providers (licensing regulations permitting), with a view to offering (or not offering) the Driver Partner’s services to any or all of them.