Featured in:

Customer End User License Agreement

SAFER MINICABS END-USER LICENSE AGREEMENT ("EULA"). IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA PLEASE DO NOT INSTALL OR USE THE SAFER MINICABS SOFTWARE PRODUCT(S) ("APPLICATION").

THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SAFER MINICAB LIMITED (A COMPANY REGISTERED IN ENGLAND AND WALES WITH COMPANY NUMBER 07583275 WHOSE REGISTERED OFFICE IS AT 63 BRIDGEWATER ROAD, WEMBLEY, MIDDLESEX HA0 1AQ) ("SMC") GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING, INSTALLING OR USING THIS APPLICATION OR ANY PORTION THEROF, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. THIS EULA REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE APPLICATION BETWEEN YOU AND SAFER MINICABS, (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

THIS EULA REFERS TO THE PRIVATE HIRE FIRM (EITHER A REGISTERED MINICAB COMPANY OR A SOLE-TRADER).

THE APPLICATION IS PROTECTED BY COPYRIGHT LAWS AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE APPLICATION IS LICENSED, NOT SOLD.

BACKGROUND

  1. SMC have developed an Application for smart phones which allows users to book a minicab.
  2. You are a user of the Application.
  3. Should you install the Application you agree to be bound by the terms of this EULA.
  4. The SMC Service will use the Application to display the "quote" which best matches your "search criteria".
  5. Should you accept that quote you shall enter into a contract directly with the minicab company for such journey.
  6. Upon acceptance of this quote you will be presented with the Driver details and the Vehicle details.
  7. Throughout the booking the Application will "track" your location. Upon reaching your destination you are required to "Check Out" of the Application selecting the option when it appears. Doing so will terminate the tracking.
  8. The "Panic" function on the Application allows the user to notify the minicab company and SMC of a problem. This must only be used in urgent situations.
  9. The full fare for the booking must be paid in cash to the driver upon arriving at your destination.

IT IS AGREED as follows:

1. ENTIRE AGREEMENT
  1.1 In this EULA, unless otherwise stated: (i) the singular includes the plural and vice versa; (ii) references to a "person" includes any natural person, company, body corporate or unincorporated, or other judicial person, partnership, firm, joint venture or trust (in each case whether or not having separate legal personality) and includes references to that person's successors and permitted assigns; (iii) any phrase introduced by the words "including", "includes", "in particular", "for example" or similar, shall be construed as illustrative and without limitation to the generality of the related general words; and (iv) and reference to an Affiliate of a party means the subsidiary undertakings and any holding company or parent undertaking of that party, and all other subsidiary undertakings of any holding company or parent undertaking of that party.
  1.2 If there is any conflict between the clauses and/or any other documents referred to in this EULA, the conflict shall be resolved in accordance with the following order of precedence: (i) the clauses of this EULA; and (ii) any other document referred to in this EULA.
  1.3 This EULA may be varied by SMC from time to time in order to reflect changes to the SMC service, the Application or changes to applicable law or regulation. Such replacement terms will then replace these terms. Should you not agree to the revised terms of this EULA then you will be entitled to terminate this EULA in accordance with clause 10.
2. GRANT OF LICENSE

This Application is licensed as follows:
  2.1 SMC grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
  2.2 You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party's use and enjoyment of the Application (or servers or networks connected to the Application).
  2.3 You agree that you are solely responsible for (and that SMC has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under this EULA, and for the consequences (including any loss or damage which SMC may suffer) of any such breach.
  2.4 The functional element of the Application which tracks the location of the user during the booking is the Location Based Services API, and the element which displays routes on a map within the history menu is the Google Maps API, which are licensed to SMC by Google. By using the Application which is integrated with Google’s map services you agree to such tracking and to be bound by Google’s Terms of Use which can be found at
http://maps.google.com/help/terms_maps.html
3. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that:
  3.1 SMC and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you which may be presented or accessed through the Application, including all Intellectual Property Rights therein and thereto. The SMC name, logo, corporate symbols and trade marks are the sole property of SMC and no permission is given in respect of their use. The Application and its contents, excluding content provided by you, are protected by EU and international copyright laws. "Intellectual Property Rights" is defined as any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not permit any third party to:
   
3.1.1 copy, sell, license, distribute, transfer, modify, decompile, reverse engineer, disassemble, otherwise use for any commercial purpose or attempt to derive source code from the Application or content for any purpose, unless otherwise permitted;
3.1.2 take any action with the aim to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including digital rights management functionality) contained in the Application;
3.1.3 use the Application to try and obtain access or copy, transfer, transcode or retransmit content in violation of any law or third party rights; or
3.1.4 remove, obscure, or alter SMC’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
4. REGISTRATION
  4.1 You are required to register by creating an account with SMC before you can use the Application. All fields are mandatory and are required to be completed.
  4.2 You are given the choice to opt-in to whether you wish to receive marketing communications from SMC.
  4.3 If at any time you as the user want to change the registration details this can be updated by going to “My Profile” icon within the Application. You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of this data. Therefore we recommend that you frequently review and update your details using the "My Profile" icon.
  4.4 SMC shall not be responsible for any loss, destruction, alteration or disclosure of your data caused by any third party (except those third parties sub-contracted by SMC to perform services related to maintenance and back-up).
5. BOOKING
  5.1 The Application makes use of location based services to determine your location through the Find Me feature. SMC does not claim that the address shown will be accurate and advises that the address should be edited by you as the Customer. Your location is also visible to the minicab company whilst the tracking facility is active.
  5.2 Minicab bookings can be placed by selecting either the "Cheapest" option which will display the quote with the lowest price or the "Fastest" option which will display the minicab firms who will be able to get to you the quickest.
  5.3 The booking which best matches your search criteria is displayed detailing the journey price, estimated journey time, estimated arrival time, booking date, booking time, and search type.
  5.4 If you wish to accept the booking the driver will then be assigned and details will be displayed on the screen (driver name, make, model, colour, vehicle registration number). Should you decline the quote then your booking request will be cancelled. Once the booking has been completed it will automatically be stored in your history to retrieve for future reference.
  5.5 If you change the details of an accepted booking, the minicab company may notify you of an increased cost of the journey as a result of such request based on the minicab company’s calculation of the additional mileage.
  5.6 Using SMC services and the Application is free. However, should you order a minicab and booking is confirmed you are required to make payment for the journey to the driver by cash in full.
6. TRACKING
  6.1 The tracking facility will be activated once the booking is confirmed and will track your location throughout the journey ("Location Data"). Upon reaching your destination the Application will prompt you to "Check Out" of the Application. Doing so will terminate the tracking. The Location Data will be processed in accordance with the SMC Privacy Policy and the purpose of such processing is to allow SMC to locate you and monitor your journey progress. If you do not wish SMC to process your Location Data, SMC will not be able to accept your bookings. SMC will pass your Location Data to your driver and the minicab firm for the purpose of providing a quote for your journey and fulfilling your booking. If user location cannot be ascertained from the Location Data, SMC may pass information of location to your driver as provided verbally by a minicab firm.
7. PANIC BUTTON
  7.1 A panic button has been built into the Application to allow the customer to alert the minicab firm and SMC if problems are encountered during your journey. The button does not connect you to Emergency Services. You are advised to dial 999 should you need Emergency Services assistance.
8. FEEDBACK AND COMPLAINTS
  8.1 SMC has measures in place to ensure you will be provided with an excellent service and we welcome any feedback and suggestions. Should you need to get in touch with SMC customer services to make a complaint about anything SMC has built in a feedback feature within the Application. Alternatively you may write to us at info@saferminicabs.com.
  8.2 If you want to give us your feedback or rate your journey and booking experience you can do this once you reach your destination. You will be asked to rate your experience on the Application after having checked-out.
9. PERSONAL DATA
  9.1 SMC Privacy Policy (located at http://saferminicabs.com/privacypolicy.php) explains how SMC treats your information and protects your privacy when you use the Application. You agree to the use of your data, including Location Data in accordance with the SMC Privacy Policy.
10. TERMINATION
  10.1 This EULA will continue to apply until terminated by either you or SMC as set forth below. You may terminate this EULA at any time by permanently deleting the Application from your mobile device in its entirety. If you fail to comply with any provisions of this EULA, SMC may immediately terminate this EULA without notice and your rights under this EULA automatically terminate. In such event, you must immediately delete the Application.
11. INDEMNITY
  11.1 To the furthest extent permitted by law, you agree to defend, indemnify and hold harmless SMC, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, which may include your downloading, installation, or use of the Application, or your violation of this EULA.
12. DISCLAIMER
  12.1 You specifically understand and agree that your use of the Application is at your sole discretion and risk and that, to the furthest extent permitted by law, the Application is provided and made available by SMC without warranty of any kind.
  12.2 To the further extent permitted by law, SMC further expressly disclaims all warranties and conditions of any kind, whether express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the Application.
  12.3 The Application is not intended to be used near the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which the use or failure of the Application could lead to death, personal injury, or severe physical or environmental damage.
  12.4 SMC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Application.
  12.5 The Application uses Google’s address look up API to display suggested addresses whilst entering an address. Thus SMC cannot always guarantee that this will be available and/or accurate at all times. Should this search not bring out the required address you should manually enter the full address.
  12.6 SMC will not charge for the use of the Application however data transmission charges may be charged by the network provider if you do not have a data plan. In no event will SMC be liable for any data transmission charges from your network provider..
  12.7 Although SMC has measures in place for your safety during your use of the Service, including ensuring the driver undertakes pre-employment checks and or CRB checks through the Private Hire Firm, we are not responsible or liable for any actions of the driver.
  12.8 SMC will not be liable to you for any delay in performance or failure to perform its obligations in accordance with this EULA where such delay or failure is due to circumstances beyond its control and unknown to it at the date of this EULA, such circumstances including but not restricted to strike, lock-out, or labour dispute, acts of God, fire, flood and storm, war, riot, civil commotion, terrorism; explosion or malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident or breakdown of plant or machinery, and the shortage of material, equipment, labour or supplies.
13. LIMITATION OF LIABILITY
  13.1 SAVE AS REQUIRED BY LAW, IN NO EVENT SHALL SMC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR LOSS OF DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION OR INABILITY TO USE THE APPLICATION, INCLUDING IF THE DAMAGE IS TO YOUR MOBILE DEVICE, EVEN IF SMC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
  13.2 SMC SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE APPLICATION OR ANY PART THEREOF, INCLUDING TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
  13.3 SMC WILL NOT BE LIABLE FOR ANY CLAIMS WHICH INCLUDE THOSE ARISING FROM THIRD PARTY SERVICES WHICH ARE PROVIDED TO YOU. THE FAULTS AND BREAKDOWNS OR OTHER INTERRUPTIONS OF THIRD PARTY SERVICES MAY BE DUE TO TECHNICAL, MAINTENANCE OR OPERATIONAL CAUSES. SUCH DISRUPTIONS WILL CONSEQUENTLY AFFECT THE OUTPUT WHICH YOU RECEIVE FROM THE SAFER MINICABS APPLICATION WHICH MAY RESULT IN THE INACCURACIES IN THE INFORMATION AND THE VIEWING OF THE LOCATION FACILITY
14. MISCELLANEOUS
  14.1 SMC failure to enforce any right or provision of this EULA shall not constitute a waiver of such rights or provision, which will still be available to SMC.
  14.2 In the event that a court of law, which has competent jurisdiction to decide on this matter, rules that any provision of this EULA is invalid, then that provision will be removed from the EULA without affecting the rest of the EULA so that the remaining provisions will continue to be valid and enforceable.
  14.3 The rights granted in this EULA may not be assigned or transferred by you without the prior written approval of SMC. You are not permitted to delegate your responsibilities or obligations under this EULA without the prior written approval of SMC.
  14.4 This EULA and your relationship with SMC under these terms and conditions is made under and governed by English Law. You and SMC agree to submit to the exclusive jurisdiction of the English Courts of Law. You must comply with all applicable English laws regarding the use of this Application.