Your User Agreement
Welcome to the User Agreement for CompareACab.com ("User
Agreement"). The services available at http://www.CompareACab.com/ are provided
by CompareACab Limited ("CompareACab", "we", "us" or "our"), registered at 424 Margate
Road, Ramsgate, CT12 6SR United Kingdom Company Number 6723639
User Agreement describes the terms and conditions applicable
to your use of our services available under the domain and sub-domains at http://www.CompareACab.com
(the "Site"). If you do not agree to be bound by this User Agreement, you may not
use or access our services.
You must read, agree with and accept all of the terms and conditions contained in
this User Agreement, which includes those terms and conditions expressly set out
below and those incorporated by reference, before you may become a user of the Site.
By agreeing to this User Agreement, you also agree that your use of other CompareACab.com
web sites will be governed by the user agreement posted on those other web sites.
If you have any questions about this User Agreement, please refer to our User Agreement
Frequently Asked Questions.
We may amend this User Agreement at any time by giving you notice ("Notice") by
either e-mail in accordance with your Notification Preferences or by posting the
amended User Agreement on the Site. Any amended User Agreement will govern new user
registrations from the date that it is posted on the Site. Existing users will be
bound by the amended User Agreement after the expiry of 30 days following the date
of a Notice. No other amendment to this User Agreement will be effective. Please
note that different notice provisions apply to our Fees and Credits Policy as set
out in section 6 below.
This User Agreement is effective on 01 November 2008 for new registering users and
is otherwise effective on 01 November 2008 for all users registered prior to 31st
October 2008.
1. Membership Eligibility.
Our services are only available to licensed Taxi and Private
Hire Operators who are CompareACab.com members; and have a current subscription.
If you do not qualify, please do not use our services. If you are registering as
a business entity, you represent that you have the authority to bind that entity
to this User Agreement.
2. Status of CompareACab.
2.1 CompareACab is neither a Taxi nor Private Hire Operator;
we only act as a hosting agent for various registered and licensed taxi operators
and private hire service providers.
The Site acts as a venue which allows registered users
to offer taxi or private hire journeys, at any time, from anywhere to anywhere,
in a variety of price formats. We do not review listings provided by users, we never
possess the journeys offered through the site and we are not involved in transactions
between buyers and service providers. As a result, we have no control over the quality,
safety or legality of the journeys listed, the truth or accuracy of the listings,
the ability of the service providers (taxi or private hire firm or individual taxi
or private hire driver) to offer journeys or the ability of buyers to pay for items.
Do not assume that the offer, sale, purchase of any journey is valid and legal simply
because it is listed on the Site. We are not responsible for ensuring that buyers
and service providers (taxi or private hire firm or individual taxi or private hire
driver) actually complete a transaction. You accept sole responsibility for the
legality of your actions under laws applying to you.
2.2 Identity verification. We use many techniques to verify the accuracy of the
information our users provide to us when they register on the Site. However, because
user verification on the Internet is difficult, CompareACab cannot and does not
confirm the purported identity of users or the validity of the information which
users post to the Site. Our User feedback system will also help you to evaluate
the user with whom you are dealing. Please refer to our Sitemap for more information
and services.
2.3 Liability. In the event that you have any right, claim or action against any
other user arising from that user's use of the Site, you agree to pursue such right,
claim or action independently of and without recourse to us, and you release CompareACab
(and our parent, subsidiaries, affiliates, officers, directors, agents and employees)
from all claims, liability, damages, losses, costs and expenses, including legal
fees, known and unknown, arising from or in any way connected with such right, claim
or action.
2.4 Information Control. We do not control the information provided by other users
which is made available through the Site. You may find other user's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense,
and practice safe trading when using the Site. Please note that there are also risks
of dealing with underage persons or people acting under false pretences. By using
this Site, you agree to accept such risks and agree that CompareACab is not responsible
for the acts or omissions of users on the Site.
3. Listing and Selling.
3.1 Listing Description. If you are a service provider,
you must ensure that you are legally able to deliver each journey included in a
listing on the Site, and that it is lawful to sell such journey to UK residents
or (if the buyer is resident overseas) that it is lawful to sell such journey to
a person resident in the buyer's jurisdiction. You must describe your journey on
offer and all terms of sale on the listing page of the Site. Your listings may only
include text descriptions, relevant to the sale of that journey and you are responsible
for ensuring that you have the right to use all content in your listings and we
have the right to host it on our servers.
3.2 No Cancellation. You as a service provider acknowledge that we will commence
supplying our services to you as soon as you have registered and listed a potential
journey, and you recognise that you will not have the right to cancel any listing
under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent
legislation in your jurisdiction.
3.3 The fare listed for any journey must be the fare available at the time of listing.
Any fares deemed to be under-priced for the purpose of solely attracting business;
that are in fact not available to potential customers at the time of booking; will
result in suspension of the operator; either temporarily or permanently.
3.4 Fraud Without limiting any other remedies, we may suspend or terminate your
account if we suspect that you have engaged or are about to engage in, or have been
in any way involved in or linked to, fraudulent activity in connection with the
Site.
4. Fees.
Joining CompareACab.com you will remain responsible for
the costs of accessing our Site and communicating with our users. Our fees are described
in our Fees and Credits Policy which forms part of this User Agreement. We may change
this policy at any time, and any change will be effective after the expiry of 14
days following the date of posting on the announcements board on the Site (or such
later date as we may notify). We may in our sole discretion change some or all of
our services at any time. In the event we introduce a new service, the fees for
that service are effective at the launch of the service.
Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you
are a business or not, value added tax and other taxes may apply to your transaction.
Sellers will be responsible for paying all fees associated with using our service
and our Site and all applicable taxes. You agree that we may issue you with invoices
in electronic format by email.
4.1 Fees
Compare a cab is now FREE. We may introduce a premium membership at some future date but we pledge to support a free account from now on.
5. V.A.T.
VAT All journeys may be subject to V.A.T. It is the responsibility
of individual or company service providers to make provision for and deal with their
own V.A.T. obligations as all payments may be liable for V.A.T.
5.1 Invoices for VAT, where applicable, are to be requested
from the taxi or private hire service provider.
6. Your Information.
6.1 Definition "Your Information" is defined as any information
you provide to us in relation to the CompareACab.com service including the registration,
listing or feedback process (including, without limitation, any description of journeys
listed), any other content that you post within the Site. You are solely responsible
for Your Information, and we act as a mere conduit for your online distribution
and publication of Your Information.
6.2 Restrictions Your Information and your activities on our Site must not:
a). be false, inaccurate or misleading;
b). be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence,
privacy or any other rights;
c). infringe any third party's copyright, patent, trade mark, trade secret or other
proprietary rights or rights of publicity or privacy;
d). be fraudulent or involve journeys in unlicensed vehicles;
e). be in breach of any applicable laws or regulations (including, but not limited
to, laws governing consumer protection, unfair competition, anti-discrimination,
false advertising);
f). create liability for us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers;
g). link directly or indirectly to services that: (i) are prohibited under this
User Agreement; (ii) are concurrently listed for sale on a website other than CompareACab.com
(this does not prevent linking to or advertising an CompareACab.com item from another
website); or (iii) you do not have a right to link to or include;
h). contain any computer viruses, macro viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt the normal operating procedures
of a computer or to surreptitiously intercept, access without authority or expropriate
any system, data or personal information;
i ). cause the Site to be interrupted, damaged, rendered less efficient or such
that the effectiveness or functionality of the Site is in any way impaired.
You must not list any journey on the Site (or complete any transaction initiated
using the Site) that, by paying to us the final value fee, could cause us to violate
any applicable law.
6.3 Licence To enable CompareACab.com to use Your Information, you grant us a non-exclusive,
world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple
tiers) licence to exercise the copyright, trade mark, publicity, and database rights
you have in Your Information, in any media now known or not currently known. You
also waive all moral rights you have in Your Information to the fullest extent permitted
by law.
6.4 Access and Interference. The Site contains robot exclusion headers. Much of
the information on the Site is updated on a real time basis and is proprietary or
is licensed to CompareACab.com by our users or third parties. You agree that you
will not use any robot, spider, scraper or other automated means to access the Site
for any purpose without our express written permission. Additionally, you agree
that you will not: (i) take any action that imposes, or may impose in our sole discretion
an unreasonable or disproportionately large load on our infrastructure; (ii) copy,
reproduce, modify, create derivative works from, distribute or publicly display
any content (except for Your Information) from the Site without the prior expressed
written permission of CompareACab.com and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any
activities conducted on the Site; or (iv) bypass our robot exclusion headers or
other measures we may use to prevent or restrict access to the Site. We do not authorise
you to extract or re-utilise substantial parts of our Site, or to make systematic
and repeated extractions or re-utilisations of insubstantial parts of our Site.
6.5 Your Use of Other Users' Information. In order to facilitate interaction among
all CompareACab.com community members, our service allows you limited access to
other users' contact information. As a seller you may have access to contact information
of the buyer, and as a buyer you have access to the contact information of the service
provider.
By accepting this User Agreement, you agree that, with respect to other users' personally
identifiable information that you obtain through the Site or through an CompareACab.com-related
communication or CompareACab.com-facilitated transaction, you may only use such
information for: (a) CompareACab.com-related communications that are not unsolicited
commercial messages and relate to your genuine participation in an CompareACab.com-facilitated
transaction, (b) using services offered through CompareACab.com (e.g. escrow, insurance,
postal and fraud complaints), and (c) any other purpose that such user expressly
agrees to after adequate disclosure of the purpose(s). In addition, you shall only
use such information in accordance with applicable laws and regulations, including
without limitation data protection and privacy laws. In all cases, you must give
users an opportunity to remove themselves from your database and a chance to review
what information you have collected about them. In addition, under no circumstances,
except as defined in this Section, can you disclose personally identifiable information
about another user to any third party without our consent and the consent of such
other user after adequate disclosure. Note that law enforcement personnel and other
rights holders are given different rights with respect to information they access.
CompareACab.com and our users do not tolerate spam or unsolicited commercial communications.
Therefore, without limiting the foregoing, you shall not add a CompareACab.com employee
or a CompareACab.com user, even a user who has purchased an item from you, to your
mail list (email or physical mail) without their express written consent after adequate
disclosure. To report spam from other CompareACab.com users, please send an email
to the Administration Team via Contact Us.
6.6 Use of Email Tools. You may not use the email forwarding services that we offer,
to send spam or otherwise send content that would violate our User Agreement. We
do not permanently store the email messages or the email addresses.
7. Breach.
Without limiting our other remedies, we may limit your
activity on the Site, immediately issue a warning, suspend or terminate your user
registration or any of your service listings and refuse to provide our services
to you without notice to you: (a) if you breach this User Agreement or the documents
incorporated by reference; (b) if, despite our reasonable
endeavours, we are unable to verify or authenticate
any information you provide to us; or (c) if we believe that your actions may cause
us financial loss or legal liability.
8. Transfer of Data
We view protection of users' privacy as a very important
community principle. Please note that Your Information will be stored and processed
on our computers in the United Kingdom. The laws on holding personal data in the
UK are stringent and CompareACab.com will hold and transmit Your Information in
a safe, confidential and secure environment. If you object to your Information being
transferred or used in this way please do not register.
9. No Warranty.
We (and our parent, subsidiaries, affiliates, officers,
directors, agents and employees) do not guarantee continuous, uninterrupted or secure
access to our services, and operation of the Site may be interfered with by numerous
factors outside of our control. Our website and our services are provided "as is"
and as and when available, and to the extent permissible by law we exclude all implied
warranties, conditions or other terms, whether implied by statute or otherwise,
including without limitation any terms as to skill and care or timeliness of performance.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
10. Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our
liability for fraudulent misrepresentation, or for death or personal injury resulting
from our negligence or the negligence of our, agents or employees. Subject to the
foregoing, we (including our parent, subsidiaries, affiliates, officers, directors,
agents and employees) will not be liable for any economic losses (including, without
limitation, loss of revenues, profits, contracts, business or anticipated savings),
any loss of goodwill or reputation, or any special, indirect or consequential damages
(however arising, including negligence) arising out of or in connection with this
User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential
damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents
and employees) also have no liability of any sort (including liability for negligence)
for the acts or omissions of other providers of telecommunications services or for
faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our parent, subsidiaries,
affiliates, officers, directors, agents and employees, in any circumstance is limited
to the greater of (a) the total fees you have paid to us in relation to the listing
or other service offered giving rise to liability, and (b) £100.
11. Indemnity.
You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of your breach of this User Agreement (including
the documents incorporated by reference), or your violation of any law or the rights
of a third party.
12. Notices.
Unless otherwise explicitly stated, notices to CompareACab.com
must be sent by registered mail to Administration Office CompareACab.com
424 Margate Road, Ramsgate, Kent CT12 6SR United Kingdom and notices to you will
be sent to the email address that you provide to CompareACab.com during the registration
process (receipt is deemed 24 hours after an email is sent, unless we receive notice
that the email address is invalid), or by registered mail.
13. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed
in accordance with English law and subject to the exclusive jurisdiction of the
English courts.
Please note, that your country (and/or that of any user you deal with) may have
laws which apply to your transactions with other users regardless of what you agree
with us (now) or with that user (later).
The laws of your country may be different from English law, including laws governing
what can be legally offered, sold or purchased. There may be additional legal requirements,
relating to (for example) the requirement to hold a
Licence to buy or sell certain services relating
to transport, or to register a transfer in a Central Registry. You shall comply
with all applicable domestic and international laws, statutes, ordinances and regulations
regarding your use of our service and your bidding on, listing, purchase and solicitation
of offers to purchase and sale of transport services. There is no practical way
for us to continually monitor the laws of every country, or each user transaction.
Please do not assume that you are allowed to do what other users do, or that we
are approving or validating any transaction, even if you have successfully made
similar sales or purchases in the past.
14. Dispute Resolution.
Disputes between you and CompareACab.com regarding our
services may be reported to CompareACab.com Customer Support.
We encourage you to report all disputes between users to your local licensing authority
or law enforcement body.
15. Third Party Rights.
A person who is not a party to this User Agreement has
no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term
of this User Agreement but this does not affect any right or remedy of a third party
specified in this User Agreement or which exists or is available apart from that
Act.
16. Unlicensed Service Providers
CompareACab reserves the right to check the licensing and
eligibility of any service provider. Any provider found to be unlicensed will be
blocked from the site immediately and reported to the relevant Council Licensing
Authority for operating as an unlicensed taxi or private hire provider.
17. General.
If any provision of this User Agreement is held to be invalid
or unenforceable, such provision shall be struck out and the remaining provisions
shall be enforceable. You agree that this User Agreement and all incorporated agreements
may be automatically assigned by CompareACab.com, in our sole discretion, to a third
party in the event of a merger or acquisition or any other event. You and CompareACab.com
are independent contractors, and no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship is intended or created by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with respect to subsequent
or similar breaches. This User Agreement sets forth the entire understanding and
agreement between us with respect to its subject matter. No oral explanation or
oral information given by any party shall alter the interpretation of this User
Agreement.
This Agreement will prevail over any conditions of sale imposed by a seller and
our Privacy Policy, Outage Policy, Board Usage Policy, Non-Binding Bid Policy, Listing
Policy, Prohibited, Questionable & Infringing Item Policy, and Unpaid Item Policy,
are incorporated in this User Agreement by reference. Each of the policies may be
amended from time to time and material changes will be posted on the Announcement
Board except for the Privacy Policy for which we will provide you with thirty days
notice.
If you have an additional question about this subject or if you would like to ask
a question on another subject, please use the
Contact Us page; or write to: -
CompareACab.com
424 Margate Road
Ramsgate
Kent
CT12 6SR
Telephone: 020 3287 3234
Copyright © 2008 CompareACab.com Inc. All Rights Reserved. Designated trademarks
and brands are the property of their respective owners. Use of this Web site constitutes
acceptance of the CompareACab.com User Agreement and Privacy Policy.