These terms and conditions govern the use of this website, which is owned and operated by UbiCabs Ltd. Should You have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact UbiCabs Ltd at contact@ubicabs.com prior to using this website. All transactions You complete through Us are subject to the following terms, conditions and notices as they exist at the time the transaction is done. By accepting the present Terms and Conditions you also accept the Privacy Policy.

Amendments to terms and conditions

These terms and conditions were last updated on in August 2010. Please check back regularly to see the current terms and conditions. UbiCabs Ltd may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this website after any amendment becomes effective constitutes an agreement by You to abide by and be bound by these Terms and Conditions, as so amended.

Definitions

• “Agreement” / “Terms and Conditions” refers to the Terms and Conditions set out below and signed, or agreed online, by the Member;
• “UbiCabs” refers to UbiCabs Ltd with registered number 7322062 and registered office at 145-157 St John Street, London EC1V 4PY, England;
• “Member” refers to any person who has registered with UbiCabs to use the services provided by Us and agreed to the UbiCabs Terms and Conditions;
• “User” / “Users” refers to any third party that accesses the Software and is not employed by UbiCabs and acting in the course of their employment;
• “Registered User” refers to any user who has created an Account with UbiCabs;
• “Account” means collectively the personal information, including user id and password, payment information and credentials used by Users to access protected content, paying service or any communication services provided within the Software;
• “Customer” refers to any User who uses the Software to request, amend, cancel, or realise any other operations related to the request of transportation services that will be realised by UbiCabs Providers;
• “Provider” / “Transportation Provider” refers to any minicab, private hire, taxi or any other transportation providers who participate within ubicabs.com as a service provider;
• “Transportation” or “Ride” refers to the any transportation service that You have booked through the Software;
• “Request” refers to a demand initiated on the Site by a Customer for a transportation service.
• “Booking” refers to a confirmed Request whereby the Customer and the Provider have entered into a mutual agreement to receive and provide a transportation service;
• “We”, “Us”, “Our” and “Company” refers to Ubicabs Ltd;
• “Site” refers to the website that You are currently using (ubicabs.com) and any sub-domains of this site (e.g. subdomain.ubicabs.com)
• “Software” refers to the web Site and any UbiCabs mobile applications, mobile sites, desktop applications or any other pieces of software provided by UbiCabs;
• You or Your refers to the Customers using the Software We provide.

Your warranties to Us

You agree:

• That if You provide Us with any information it shall be current, complete, accurate, true and correct.
• That You are at least 18 years old and possess the legal authority to enter into this agreement and to use Our software in accordance with the terms and conditions of this agreement. If You are less than 18 years old You may only use this service in conjunction or with the previous explicit authorisation of Your parents/guardians.
• That You are financially responsible for all of Your use of Our software as well as for the use of Your name and payment method (e.g., corporate credit card, personal credit card, or other approved method) to pay for services and products purchased using Our Software or Site by members of Your household, including minors living with You, and if You have administrative roles with Your employer for which You create bookings for colleagues, such colleagues.
• That all information supplied by You or members of Your company, organization or household in using Our Site or Software is true and accurate, and to indemnify Us for any breaches of the foregoing warranties.

Use of the system communications

When using the enquiry form or any other System on the Web Site You should do so in accordance with the following rules:

• You must not use obscene or vulgar language;
• You must not submit Content that is unlawful or otherwise objectionable (including but not limited to content that can be racist, sexist, defamatory or threatening);
• You acknowledge that UbiCabs Ltd reserves the right to monitor any and all communications made to Us or using Our System;
• You must not use Our System for unauthorised mass-communication such as spam or junk mail.

Important Information

UbiCabs is not a minicab or taxi company service provider. The UbiCabs Software acts as a channel through which Customers and Providers can arrange bookings and payments for transportation and other related services. UbiCabs is not a licensed operator but will endeavour, without guarantee, to verify the legality of the providers listed and offering booking and other related services on ubicabs.com.

Booking of transportation services

For Customers

Placing a booking

To place a booking request You must be a Registered User of the Software. Once the booking request is submitted, one or more Providers will be notified and will be able to bid. We do not guarantee that a Provider will accept any booking requests. If a booking request is accepted by a Provider, You will receive a confirmation via e-mail at Your registered e-mail address. The confirmation will contain the details of the Provider, including trading name and phone number.

Fares and Payment

If the fare is not prepaid on the Site, the fare payable as stated in the confirmation must be made to the driver dispatched by the Provider. The payment method can vary depending on the Provider but most providers accept cash payments. Please check with them if You have any specific requests.

Your obligations

You are obligated to complete the transaction with the Provider if You accept the Provider’s terms, unless the transaction is prohibited by law or by this Agreement. By accepting a Provider’s terms, You agree to be bound by the conditions of the fare included in the fare details so long as the trip details are not in violation of this Agreement or unlawful.

Your Responsibilities

It is Your responsibility to plan the journey correctly and leave sufficient time to reach the destination accordingly to Your needs of term of check-in for flights, catching a train or any other constraints You might have. If You have any doubts on the length of the journey, We advice You to contact the Provider and, if necessary, amend the journey details.

Booking Amendments and Cancellation

If You require changes for a confirmed booking, please contact the Provider directly. Their specific Terms and Conditions could include penalties for late cancellations and it is of your responsibility to ensure that you are aware of them. However We will work to make them available on the System whenever possible.

For Providers

Accepting Requests

To be able to receive a Request You must be a registered Provider. We do not guarantee a minimum number of Requests that You will receive. If You accept a booking, We will confirm acceptance (theConfirmation) to You on Our Site and via online electronic means to the e-mail address You have supplied. Once You have received the Confirmation, it is Your responsibility to provide the transportation service to the Customer as stated in the Confirmation and in accordance with Your own operating terms and conditions. It is of Your responsibility to verify before accepting any Requests that they contain all the details that You deem necessary and sufficient to confirm the fare and availability.

Fares and Payment

The price structure of the transportation services are defined by You on the Site and You have complete control on it. The amount stated on the Confirmation is the amount that has to be paid by the member either thought the online payment facilities that We will provide or directly to the driver of the vehicle that You have dispatched. This amount includes the UbiCabs Booking Success Fee payable to Us.

Taxes

You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site. All the quotes and prices communicated to the Customers have to be VAT included. No VAT will be payable by the Customer beyond the quoted price.

Errors and Omissions

It is Your responsibility to ensure Your fares listed on Our Site are correct and valid. We accept no responsibility for the consequences of You providing incorrect or incomplete fare information. Any deliberate misrepresentation of Your fares will be considered a violation of these Terms and Conditions.

UbiCabs Booking Success Fee

We charge the Providers of the services a small fee for each new confirmed booking secured through the UbiCabs website. The commission is agreed with us before we start to send you Requests or will be clearly visible when you receive a Request and before accepting it. The fee structure can be different depending on the operator to suit different needs and type of services and is therefore not included in these Terms and Conditions. The UbiCabs Booking Success Fee is applicable when the Customer confirms the booking at the price We quote and when You are the first provider to respond to the booking request through Our system. Periodically we will invoice you for the outstanding fees payable to Us. Upon reception of the invoice You will have 14 days for the payment to reach UbiCabs. If the invoice has not been paid by this delay, We reserve the right to restrict Your access to the site until the invoice has been paid.

Your Responsibilities

By accepting the booking request coming from the Customer at the quoted price or within the range of quoted prices, You are obligated to carry out the services offered in Your quote at the accepted quote price. Booking Amendments and Cancellation. If the Customer needs to cancel or amend the booking, the Customer will contact You directly. In case of cancellation by the Customer or no show We will waive the UbiCabs fee for the cancelled Request.

User ID, Password and Security

You are responsible for maintaining the confidentiality of any user ID and/or password provided to You by UbiCabs for use in connection with the Software and its related services. You expressly agree not to share Your user ID and/or password with any other person. You are solely responsible for all activities that occur under Your user ID and/or password, and You agree to notify UbiCabs immediately of any unauthorized use of Your user ID and/or password or any other breach of security related to UbiCabs systems. UbiCabs will not be liable for any loss or damage arising from Your failure to comply with this section.

Off-site transactions

By disclosing the contact details of the Customer and the Provider, after a ride has been agreed for a determined price, UbiCabs encourages the exchange of information between the two parties. UbiCabs reserves the right to suspend or delete the account of any Member that attempts whether intentionally or unintentionally to make off-site transactions.

Our relationship with You

You hereby agree and acknowledge that Your execution of this Agreement, Your provision of the Services and/or Your use of the UbiCabs website does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Us and furthermore that no affiliation, association or connection exists between You and Us.

Release

Should You have a dispute with one or more UbiCabs users, You release UbiCabs Ltd, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Providers legal compliance

As a Provider it is Your sole obligation to comply with all laws, rules, licensing and regulations that may apply. You must be as accurate as possible regarding Your offer and all terms of Your services. You acknowledge that the UbiCabs website exists for members to make a fully informed decision about Your fares, services offering, policies and procedures. Therefore, You shall disclose to every member that You attempt to do business with Your services offerings and relevant policies, procedures and fees that You will charge. In the event, that You charge any extra fees that are not explicitly communicated on the Site and accepted by the Customer, We reserve the right to suspend or cancel Your account at Our sole discretion.

Right to Reject or Remove Members

We reserve the absolute right to reject Your participation, or remove You from Your current participation, in the UbiCabs website at any time and for any reason or for no reason and without notice to You.

Disclaimer

The information contained on this website is provided by UbiCabs Ltd in good faith on an ‘as is’ basis and solely at Your own risk. The information is believed to be accurate and current at the date the information was placed on this website but UbiCabs Ltd expressly disclaims any liability for any incorrect information or prices published on this website or for the lack of availability of any product at any time. None of UbiCabs Ltd, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. To the fullest extent permitted by applicable law, UbiCabs Ltd disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. UbiCabs Ltd makes no warranty that this website, any information or ideas contained on this website or any products or services advertised on this website will meet Your requirements, or that the website will be uninterrupted, timely, secure or error free. This means that in the event of You suffering personal injury, illness or death as a result of any act or omission of an accommodation provider or other supplier of services (or their employees or agents) or You having any complaint about the quality of the services provided or having any other complaint at all, Your sole right of redress will be against the independent third party who provided such service and ubicabs.com will be under no liability at all (whether in contract, tort or otherwise howsoever). You understand that We may not have conducted any quality or other checks on the Transportation Providers and We make no representations about the suitability of the Transportation and/or services offered through the Site. The inclusion or offering for sale of Transportation and/or services by ubicabs.com does not constitute an express or implied endorsement or recommendation by ubicabs.com of such Transportation or service. We do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the accommodation and services offered for sale through Us.

Links to other websites

This site may contain links to websites maintained by other companies and organisations. UbiCabs does not make any representation as to the accuracy of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.

Copyright and Limitations on Use of Software

Unless otherwise indicated, copyright in the information on this website is owned by UbiCabs.

All rights are reserved

As a condition of Your use of Our Software and Our Site, or using any of the Software, the Site, or any other information or data available from Us, You warrant and represent to Us that You will not use Our Software, information, images or data, for any illegal purpose, or for any purpose that is prohibited by this agreement. You may download a single copy of the information on this website and, where necessary for its use as a reference, keep a temporary copy in Your computer’s cache and make a single hard copy of that information. No part of the information contained on this website may be reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of UbiCabs Ltd. You will not, and will not authorize any party to, directly or indirectly, generate automated or fraudulent actions via the Site, including without limitation by using a person or automated script or computer program to generate automated bookings. Any fraudulent actions (human or automated) that impact bookings are strictly prohibited at all times. You agree that You shall not, at any time, use this Site or Software for any illegitimate bookings or payments.

Third party copyright and trademarks

Third party names, logos and icons identifying third party products and services referenced herein are trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.

Notices

All notices shall be given to Us via email at contact@ubicabs.com for Services accepted on Our Site, or to You at either the e-mail address You provide during the signup process.

Release

You hereby waive, release, forgive, discharge and relinquish any and all claims that You now have or may have in the future against ubiCabs Ltd, its related bodies corporate, directors, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.

Severance

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

Applicable law

These Terms and Conditions and the relationship between You and UbiCabs Ltd, trading as UbiCabs, shall be governed by and construed in accordance with the Law of England and Wales and UbiCabs Ltd and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

General

Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. UbiCabs Ltd cannot guarantee that it will be able to prevent any illegal or inappropriate use of this website, but UbiCabs will suspend or terminate any account suspected to be linked to illegal or fraudulent activity in connection with Our website.

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