Article 1: These terms
1.1 What these terms cover.
These are the terms and conditions ("Terms") on which we provide you with access to the kapten mobile application (the "App"). The Terms are also those on which we provide you with the Booking Services (as defined in clause 3.1 below). You will be able to use the App to order passenger transportation services ("Transportation Services") from licensed third party transportation providers who have entered into our terms and conditions for UK drivers ("Drivers").
1.2 Why you should read these Terms.
Please read these Terms carefully before you use the App. These Terms tell you who we are, how we will provide the App and the Booking Services to you, how you and we may change or end your licence to use the App and the contract for Booking Services, what to do if there is a problem and other important information.
1.3 There are other terms that may apply to you.
These Terms refer to the following additional terms, which may also apply to your use of the App and/or the Booking Services:
1.3.2 Apple and Google app stores' rules and policies.
Article 2: Information about us and how to contact us
2.1 Who we are.
We are Transopco UK Ltd trading as kapten ("kapten", or "us" or "we") a company registered in England and Wales. Our company registration number is 11435887 and our registered office is at 51 Eastcheap, London EC3M 1JP, UK. Our registered VAT number is 314 6835 03.
2.2 How to contact us.
You can contact us by telephoning our customer service team at +44 203 966 6933 or by writing to us at email@example.com.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you via your chosen communication method, which you provide to us when opening your kapten account ("Account").
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails and communications made through the App.
Article 3: Our contract with you
3.1 We provide you with Booking Services.
Kapten is the holder of a private hire vehicle operator licence. This licence allows us to accept bookings for private hire vehicles ("Bookings") submitted by you through the App and allocate Bookings to a Driver. We act as an intermediary between you and the Driver. We do not provide Transportation Services. The services kapten provides to you through the App ("Booking Services") include:
3.1.1 acceptance of your Booking;
3.1.2 allocating your Booking to a Driver;
3.1.3 providing you with confirmation of your Booking and details of your Driver;
3.1.4 keeping a record of accepted Bookings and remotely monitor performance of Bookings;
3.1.5 receiving and managing feedback, comments, questions, complaints, Driver ratings and related correspondence submitted by you in relation to Bookings; and
3.1.6 providing you with other customer services in relation to Bookings, including managing lost property queries submitted by you.
3.2 We only provide Booking Services in London.
Our App only enables you to place Bookings where the address for pick-up by the Driver ("Collection Address") and the address for drop-off by the Driver ("Destination Address") are located in London. Unfortunately, we do not accept Bookings where the Collection Address and/or the Destination Address are outside of London.
3.3 You must be 18 years of age.
You must be 18 years of age or older to accept these Terms, use the App and place Bookings.
3.4 Bookings must be for personal use.
The App and the Booking Services are for your personal, non-commercial use only.
Article 4: Providing the booking services
4.1 You need to set-up and maintain an Account and provide at least one valid payment method, such as a credit card, in order to access and use the App and the Booking Services.
4.2 In order for us to provide you with a fixed price quotation (including VAT) for the Transportation Services ("Booking Quote") and/or place a Booking, you will be required to enter in a Collection Address and Destination Address.
4.3 If you wish to proceed with your request for Transportation Services based on the Booking Quote, you should select the "Order" button shown on the App. At the point you select the "Order" button, you will enter into a contract between you and the Driver for the provision of Transportation Services. kapten is not a party to your contract for Transportation Services and is not responsible for providing any Transportation Services ordered through the App.
4.4 We need certain information, including the Collection Address and Destination Address, from you so that we can provide you with the Booking Services. If you do not give us such information, or if you provide incomplete or incorrect information, 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.
Article 5: Your rights to cancel a booking
5.1 If, after placing a Booking, you decide to cancel that Booking within 2 minutes of acceptance of the Booking by us, you will not be charged any fee for cancelling that Booking ("Cancellation Fee").
5.2 If, after placing a Booking, you decide to cancel that Booking on or after 2 minutes of acceptance of the Booking by us, you will be charged a Cancellation Fee equal to the minimum fare for the Transportation Services that you ordered.
5.3 We will show you the relevant Cancellation Fee through the App before asking you to confirm whether you would like to cancel a Booking.
Article 6: Our rights to cancel a booking
6.1 We may cancel a Booking made by you at any time if:
6.1.1 a Driver informs us that he/she wishes that Booking to be cancelled because of an incident or emergency, for example a flat tyre, an accident, or a breakdown; or
6.1.2 a Driver informs us that he/she has waited at the Collection Address for 6 minutes or longer; or
6.1.3 no driver is available to perform the Booking.
6.2 We will notify you where we decide to cancel any Booking through the App.
Article 7: Price and payment
7.1 Use of the App and the Booking Services is free.
Access to and use of the App and the Booking Services is free of charge.
7.2 Paying for Transportation Services.
When you place a Booking you will have to pay for the Transportation Services. These charges may include the Fare Price, the Cancellation Fee and the Waiting Fee (all as defined below). We will facilitate the payment of these charges on behalf of the Driver you place your Booking with and this is what we mean when we say in these Terms that we will "charge you" or that you must "pay for". All charges are due immediately and we will facilitate payment as soon as we can using your chosen payment method.
7.3 How we calculate Fare Prices.
We calculate fare prices for the Transportation Services ("Fare Prices") according to:
7.3.1 the distance between the Collection Address and the Destination Address;
7.3.2 the duration of the Transportation Services; and
7.3.3 the demand for the Transportation Services.
We base these calculations on information provided by you through the App. If you do not give us such information, or if you provide incomplete or incorrect information, we will not be responsible to you for providing an accurate Fare Price or any Fare Price at all.
7.4 Where to find the prices for the Transportation Services.
The Fare Price (which includes VAT) will be the price indicated in the Booking Quote. We use our best efforts to ensure that the Fare Price advised to you is correct. You will be shown any Cancellation Fee through the App before asking you to confirm whether you would like to cancel a Booking. You will be shown any Waiting Fee (as defined in clause 7.6 below) through the App.
7.5 What happens if you change your journey.
If, during the course of the Transportation Services, you ask the Driver to change the Destination Address or ask the Driver to change his route in any way, for example, by asking the Driver to make an unscheduled stop, pick-up or drop-off, the Fare Price indicated in the Booking Quote shall no longer be valid. We will notify you of the change of destination and of the new Fare Price parameters, based on the actual distance and duration of your journey, demand for the Transportation Services, and you authorise us to charge you the balance between the Fare Price indicated in the Booking Quote and the new Fare Price.
7.6 What happens if you are not at the Collection Address.
If you are not at the Collection Address within 2 minutes of the arrival time of the driver, we will charge you a waiting fee ("Waiting Fee"). We will calculate the Waiting Fee at a rate of £0.25 per minute up to a maximum of 6 minutes.
7.7 When you must pay and how you must pay.
We will charge you the Fare Price at the time of Booking. We will charge you all other amounts due in respect of the Transportation Services, such as any Cancellation Fee or Waiting Fee immediately on the relevant amount being determinable. We accept payment for the Transportation Services with credit cards, Apple Pay, promotion codes, credits and loyalty programme points. We will send you a receipt for your payment by email as soon as we can following receipt of your payment.
7.8 We can charge interest if you pay late.
If you do not make any payment to us by the due date, for example, because your chosen payment method has expired, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.9 What to do if you think you have been incorrectly billed.
If you think you have been billed incorrectly, please contact us promptly to let us know at firstname.lastname@example.org.
7.10 Paying using our loyalty scheme and promotional codes.
If you have a promotional code recognised by the App and endorsed by us or have been awarded a sufficient number of points under our UK consumer loyalty program, you may pay for all or part of the Fare Price using that code or those points. You agree:
7.10.1 to use any code or points in accordance with these Terms, lawfully, legally and in good faith;
7.10.2 not to copy, reproduce, distribute, sell, transfer or publish (directly or indirectly in any form) any code or points, unless expressly permitted by us;
7.10.3 codes and/or points are only valid for one use;
7.10.4 codes and/or points may not be exchanged for cash; and
7.10.5 codes and/or points may expire and we may in our sole discretion specify a deadline for such codes or points;
If we believe in our sole discretion that any codes or points are being used in breach of these Terms, unlawfully, illegally or in bad faith, we may reject or cancel that code and/or those points.
Article 8: Our responsibility for loss or damage suffered by you
8.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the licence to use the App or the contract for Booking Services 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 the contract was made, both we and you knew it might happen.
8.2 When we are liable for damage to your device or digital content.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
8.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the App and the Booking Services.
8.4 Our liability to you is limited to the Fare Price.
Subject to clause 8.2, our total liability to you shall not exceed the Fare Price payable in relation to the Booking in which the liability arose. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms.
8.5 We are not liable for business losses.
We only provide the App and Booking Services for private, non-commercial use. If you use the App of Booking Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.6 We are not liable for losses in relation to provision of Transportation Services.
We are not responsible for loss or damage you suffer that arises out of or in connection with the Transportation Services. For example, if the Driver fails to arrive despite agreeing to fulfil your Booking, or if you arrive late to your destination, you will need to direct these issues or claims to your Driver. Your contract for the Transportation Services is with the Driver with whom you place your Booking, not with us.
Article 9: Your rights to end the contract
9.1 You can always end your contract with us.
You may end your licence to use the App and the contract for Booking Services at any time by permanently deleting the App installed on any of your devices and/or deactivating your Account.
Article 10: Our rights to end the contract
10.1 We may end the contract if you break it.
We may end or suspend (at our absolute discretion) your licence to use the App and the contract for Booking Services at any time by writing to you if:
10.1.1 you break these Terms in a serious way;
10.1.2 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.3 you do not provide us with information that is necessary for us to open your Account or provide the Booking Services; or
10.1.4 you have not logged-in to your Account for 6 months or longer period.
10.2 If we end your licence to use the App and the contract for Booking Services
you must stop all activities authorised by these Terms, including your use of the App and the Booking Services.
10.3 We may withdraw the App and/or the Booking Services.
We may write to you to let you know that we are going to stop providing the App and/or the Booking Services.
Article 11: If there is a problem
11.1 How to tell us about problems.
If you have any questions or complaints about the App or the Booking Services, please contact us. You can telephone our customer service team 24 hours a day, seven days a week at +44 203 966 6933 or write to us at email@example.com.
11.2 Compensating you for problems.
If you raise a complaint about the App or the Booking Services, or if we proactively identify a problem with the App or the Booking Services, we may, at our absolute discretion, provide you with compensation. Please note, however, that the contract for the provision of Transportation Services is between you and the Driver with whom you place your Booking, not with us. We have no control over the Transportation Services that the Driver provides and we have no responsibility or liability for providing any compensation to you on behalf of the Driver.
Article 12: How we may use your personal information
12.1 How we may use your personal information.
12.2 We may collect technical data about your device.
By using the App or any of the Booking Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Booking Services to you.
12.3 We may collect location data.
The Booking Services make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device, but you may not be able to use the Booking Services.
12.4 Internet transmissions are never completely private or secure.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Booking Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Article 13: Your use of the app
13.1 We license you to use the App.
We license you to use the App, any updates or supplements to the App, the Booking Services you connect to through the App, and any other content we provide to you through the App as permitted in these Terms.
13.2 Apple Store's or the Google Play Store's terms also apply.
The ways in which you can use the App and the Booking Services may also be controlled by the Apple Store's or the Google Play Store's rules and policies.
13.3 How you may use the App.
In return for your agreeing to comply with these Terms you may:
13.3.1 download or stream a copy of the App onto your device(s) and view, use and display the App and the Booking Services on such devices for your personal purposes only; and
13.3.2 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
13.4 You may not transfer the App to someone else.
We are giving you personally the right to use the App and the Booking Services. You may not otherwise transfer the App or the Booking Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
13.5 Updates to the App and changes to the Booking Services.
From time to time, we may automatically update the App and change the Booking Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Booking Services.
13.6 If someone else owns the device you are using.
If you download or stream the App onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
13.7 We are not responsible for other websites you link to.
The App or the Booking Services may contain links to independent websites which are not provided by us. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
13.8 Licence restrictions.
You agree that you will:
13.8.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Booking Services to any person;
13.8.2 not copy the App or the Booking Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
13.8.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or Booking Services nor permit the App or the Booking Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Booking Services on devices as permitted in these Terms;
13.8.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Booking Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program ("Permitted Objective"), and provided that the information obtained by you during such activities:
22.214.171.124 is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
126.96.36.199 is not used to create any software that is substantially similar in its expression to the App;
188.8.131.52 is kept secure;
184.108.40.206 is used only for the Permitted Objective; and
220.127.116.11 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Booking Services.
13.9 Acceptable use restrictions.
13.9.1 not use the App or the Booking Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Booking Services or any operating system;
13.9.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Booking Services;
13.9.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Booking Services;
13.9.4 not use the App or the Booking Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
13.9.5 not collect or harvest any information or data from the App or the Booking Services or our systems or attempt to decipher any transmissions to or from the servers running the Booking Services.
13.10 Intellectual property rights.
All intellectual property rights in the App and the Booking Services throughout the world belong to (or are licensed to) us and the rights in the App and the Booking Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.
13.11 Limitations to the App and the Booking Services.
The App and the Booking Services (including information contained in the Booking Quote) are provided for general information purposes only. They do not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the App and the Booking Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Any times of arrival at a Collection Address shown on the App are indicative only.
13.12 Please back-up content and data used with the App.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Booking Services.
13.13 Check that the App and the Booking Services are suitable for you.
The App and the Booking Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Booking Services meet your requirements.
13.14 We may suspend or withdraw the App.
We do not guarantee that the App, the Booking Services or any content provided through the App, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App and/or the Booking Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
13.15 You must keep your Account details safe.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
13.16 User-generated content is not approved by us.
This App may provide access to information and materials created or uploaded by other users of the App, including Driver ratings. This information and these materials have not been verified or approved by us. The views expressed by other users through the App do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at email@example.com.
13.17 Your liability when you upload content or leave ratings and reviews.
Whenever you make use of a feature that allows you to upload content to the App, including Driver ratings, or to make contact with Drivers, you must comply with the content standards set out in clause 13.9 above. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards set out in out clause 13.9 above.
13.18 The App is only for users in the UK.
The App and the Booking Services are directed to people residing in the United Kingdom. We do not represent that the Booking Services and other content available on or through the App is appropriate for use or available in other locations.
Article 14: Other important terms
14.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under your licence to use the App or the contract for Booking Services.
14.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 Changes to these Terms.
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. If you do not accept the notified changes you may not continue to use the App and the Booking Services.
14.4 Nobody else has any rights under this contract.
The licence for the App and the contract for Booking Services are between you and us. No other person shall have any rights to enforce any of its terms.
14.5 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking your licence to use the App and the contract for Booking Services, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.7 We are not responsible for events outside our control.
If our provision of the App and/or the Booking Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your licence to use the App and the contract for Booking Services with us.
14.8 Which laws apply to this contract and where you may bring legal proceedings.
These Terms are governed by English law and you can bring legal proceedings in respect of the App and the Booking Services in the English courts.