1.1 The Programme (the “Programme”) is a rewards program, designed to reward PHV drivers who have entered into a partnership agreement with Kapten, as defined below, (“Drivers” or “you” or “your”) for being loyal clients to Kapten’s services.
1.2 These terms and conditions ("Terms") set out how the Programme is provided by Transopco UK Ltd trading as Kapten (“Kapten” or “us” or “we” or “our”). We are registered in England and Wales under company 11435887 and our registered office is at Wework The Monument, 51 Eastcheap, London, United Kingdom, EC3M 1JP.
1.3 All Drivers are automatically enrolled in the Programme but can choose to opt-out. Drivers who haven’t chosen to opt-out of the Programme will automatically have access to the silver Tier. Drivers who participate in the Programme can access rewards that are offered in tiers ranging from Silver, Gold and Platinum (“Tier(s)”). The Tiers are subject to the Terms set out below.
1.4 The Programme is made available at our discretion, as an additional service provided by us to you. You acknowledge that we reserve the right at any time, in our sole discretion and without liability to you, to terminate the Programme or amend (which means “amendments” or “add” or “change” or “update”) these Terms. You are responsible for checking these Terms periodically to remain in compliance with them. Your continued participation in the Programme after any amendments to the Terms shall constitute your acceptance of these Terms and you also agree to be bound by any such amendments.
1.5 We will, in providing the Programme, comply with or Privacy and Security Policy relating to the privacy and security of Drivers’ data available at https://www.kapten.com/uk/privacy-policy-drivers/
2.1 All Drivers are automatically enrolled in the Programme but can choose to opt-out in accordance with clause 3.
2.2 Eligibility for each Tier and the corresponding rewards are based on the number of rides performed in a week, which is set out in more detail in clause 5.
3 OPTING OUT
3.1 If you don’t want to participate of the Programme, you may opt-out at any time and for any reason.
3.2 To opt-out of the Programme, you will need to contact Kapten Support by emailing firstname.lastname@example.org to make this request.
3.2.1 Please allow up to 7 days for your opt-out request to be processed.
3.3 After your opt-out request has been processed:
3.3.1 you will be taken out of the Programme;
3.3.2 you will not be able to access any Tiers; and
3.3.3 you will not be able to access any rewards.
3.4 Opting-out will not affect your status as a Driver and will not result in termination from the use of the Kapten App.
3.5 You can opt back into the Programme at any time by contacting Kapten Support by emailing email@example.com.
4 DISABLING YOUR ACCESS
4.1 Kapten may diable your access to the Programme in the case of fraud, misuse of the Kapten App or breach of your Driver Terms, the Community Guidelines and/or these Terms.
4.2 If your Kapten Driver Account is permanently deactivated [due to breaching Driver Terms and Community Guidelines] your access to the Programme will also be disabled.
4.3 If your access to the Programme is disabled, you will no longer be a part of the Programme, but this will not affect any rewards you have redeemed prior to the disabling.
5 REWARDS AND TIER REQUIREMENTS
5.1 Reward details, terms and limitations will be made available to you on a monthly basis. You will be sent an email [to the email address that is registered to your Kapten App account], [by the last business day of each calendar month] outlining the next month’s reward details, terms and limitations.
5.2 The rewards for each Tier are calculated by the number of rides performed in a week (“Tier Requirements”). You will be sent an email [to the email address that is registered to your Kapten App account], [by the last business day of each calendar month] outlining the Tier Requirements for each week of the next month (for example, an email will be sent on 31 October outlining the Tier Requirements for each week of the month of November).
5.3 When Tier Requirements have been reached for a given week, the respective rewards can only be redeemed during the subsequent week, starting on Monday after which they will expire immediately.
5.4 All rewards are granted at the discretion of Kapten and may change or be cancelled at any time.
Rewards may be provided by third parties (“Reward Provider(s)”), this means:
5.4.1 redeeming rewards are subject to Reward Providers’ terms and conditions, which you may have to agree; and
5.4.2 Kapten is not responsible and disclaims all liability for the products or services offered by Reward Providers.
5.5 Rewards have no cash value and are non-transferrable. They can only be redeemed by the Driver that is associated with the rewards and they cannot be transferred to another Driver or to any third party.
5.6 The maximum amount of rewards that any Driver can receive in a week is calculated by the number of rides performed for that week.
6 PERSONAL DATA
6.1 To calculate the applicable Tier status, Kapten will process certain personal data.
6.2 If you redeemed a reward offered by a Reward Provider, we will share your personal data, such as your name and contact details.
6.3 Reward Providers may collect additional data during their sign up process, and independently inform you of this.
6.5 Kapten will be the data controller for the personal data that it processes to calculate your Tier status and send you updates of your Tier status and rewards.
6.6 Kapten may collect information on Reward Providers for information and reporting purposes, subject to the Reward Providers’ terms and conditions that has been agreed between you and the Reward Providers.
7.1 The Programme and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of Kapten's control.
7.2 Under no circumstances whatsoever shall we be deemed to assume any responsibility for the unavailability, interruptions or errors of the Programme, its features or any rewards.
7.3 The Programme and all the information accessible through it are provided for informational purposes. We, our affiliated entities and Reward Providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including, but not limited to, accuracy, currency, or completeness, the operation of the Programme, the information, materials, content, availability, and products.
7.4 To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
7.5 You acknowledge that in entering into these Terms you do not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
7.6 Nothing in these Terms is intended to exclude liability for fraud or fraudulent misrepresentations or any other representations which cannot be excluded by law.
8 LIMITATION OF LIABILITY
8.1 The restrictions on liability in this clause apply to every liability arising under or in connection with the Terms including liability in contract, tort (including negligence), misrepresentation, restitution, loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.
8.2 Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
8.2.1 death or personal injury caused by negligence; and
8.2.2 fraud or fraudulent misrepresentation.
9.1.1 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
9.1.2 Governing Law. These Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding its rules on conflicts of laws.
9.1.3 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
9.1.4 Contact Us. If you have questions or comments regarding the Programme you may contact us at firstname.lastname@example.org