1.1 You are permitted to print and download extracts from the Site solely for your lawful, personal, non-commercial use on the following basis:
1.2 Unless otherwise stated, the copyright and other intellectual property rights in all material and content on the Site (including, without limitation, text, images, web pages, sound, software (including code, interface and website structure), video, photographs and graphical images, and the look and feel, design and compilation thereof) are owned by the Company or its licensors. For the purposes of these Terms & Conditions, any use of extracts from the Site other than in accordance with paragraph 1.1 above for any purpose is prohibited. For the avoidance of doubt, you agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by the Company or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, make available to any person, or create derivative words of such material or content. If you breach any of these Terms & Conditions, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
1.3 The Company is the owner and/or authorised user of all trade marks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant to you any right, title, interest or licence to any such intellectual property accessed on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.
1.4 Subject to paragraph 1.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
1.5 Any rights not expressly granted in these Terms & Conditions are reserved.
2 SERVICE ACCESS
2.1 While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
3 VISITOR MATERIAL AND CONDUCT
3.2 You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
(d) which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You may not misuse the Site (including, without limitation, by hacking it).
3.4 The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2 or 3.3.
4 LINKS TO AND FROM OTHER WEBSITES
4.1 Any links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
4.2 If you would like to link to the Site, you may only do so on the basis that you link to (but do not replicate) the home page of the Site, subject also to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Data Cars logo;
(b) you do not create a frame or any other browser or border environment around the Site;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Data Cars trade marks displayed on the Site without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4.3 The Company expressly reserves the right to revoke the right granted in paragraph 4.2 for breach of these Terms & Conditions and to take any further action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 4.2.
5.1 Each registration is for a single user (which may be either an individual or company) only. The Company reserves the right to make it impermissible for you to share your user name and password with any other person or with multiple users on a network.
5.2 Responsibility for the security of any passwords issued rests with you.
6 ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails to the Company (for example, emails to Customer Service) via the Site, you are communicating with the Company electronically. The Company may communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
In addition to paragraph 4.4, you will indemnify the Company against any loss, damage or cost incurred by the Company arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify the Company against any claims that information or material which you have submitted to the Company is in violation of any law or in breach of any third party rights (including, without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with the Company in any such defences.
8.1 While the Company endeavours to ensure that the information on the Site is correct, the Company does not warrant the accuracy and completeness of the material on the Site. The Company may make changes to the material on the Site, or to the products, services and prices described in it, at any time without notice. The material on the Site may be out of date and the Company makes no commitment to update such material.
8.2 The material on the Site is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have an effect in relation to the Site.
Data Cars endeavours to provide a reliable service to all our booking customers. Please be aware that some issues affecting your booking may be beyond our control.
Should you have concerns regarding the details, timing or arrival of your car booking, you may contact our office on
020 8852 2211 at anytime. Data Cars staff will be on hand to advise you and assist you as best we can.
For your information Data Cars cannot be held responsible for delays and problems including but not limited to:
Data Cars operates as an Agency for Self-Employed Drivers. Data Cars is therefore not legally responsible for the actions and behaviour of individual Drivers. Should however you have any problems or issues with a Self Employed Driver contracted to provide a service to you, please contact our office on 020 8852 2211 and we will do our best to assist you.
When you request a Minicab from Data Cars via your use of the App, the telephone or datacars.com we provide your name, mobile telephone number, email address and address to the Driver who accepts your booking and so the Driver may contact you.
If you choose to upload a photo to your Data Cars account, your photo will be viewable by the Driver who is picking you up so that the Driver is able to verify your identity. You may remove or replace your photo at any time by logging into your account on our Website.
Telephone Number and Push Notifications
If you have requested a booking through the Website or the App, from the time your booking request is accepted by the Driver, until you reach your destination, you and the Driver will have the ability to contact each other, via the mobile phone used to request the booking. During that time and only if you have consented we will send you push notifications to your mobile phone to let you know if the Driver is on his way to your location and again when he has arrived at your location. To send you push notifications we will process your telephone number. If you do not want to receive push notifications you can always withdraw your consent by changing your settings via the settings page of your mobile telephone.
Data Cars may use your contact details to send you general updates regarding Data Cars news, special offers and promotions. You may at all times opt-out of receiving these updates.
Disclosure of your Information
We may employ third party companies and individuals to facilitate or provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our Drivers, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analysing how our Service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.
Data Cars will disclose your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defence of legal claims and legal process; or in the event of an emergency pertaining to your health and/or safety.
Administrating Public Forums
The Website and the App may offer publicly accessible blogs and community forums. We will use your personal data such as your name, email address, the messages or content you choose to post to administrate and provide you with these services. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, please contact us at firstname.lastname@example.org.
Generating Management Information and Statistical Data
Data Cars uses your personal data in an anatomised and aggregated form to closely monitor which features of the Service are used most, to Analise usage patterns and to determine where we should offer or focus our Service. We may share this information with third parties for industry analysis and statistics.
Administrating Driver Applications
If you wish to apply for a job on our Website we will collect personal information such as your name, email address, phone number and additional information such as nationality and gender. We use the information collected within this area of the Website to register and process your application, to determine your qualifications for the position for which you have applied and to contact you.
When you register as a Data Cars customer, your credit card information is provided to our payment processing provider Worldpay Limited. in order to process payments for your requests or bookings. Data Cars itself only collects the first six (the BIN numbers) and the last four digits of your credit card number, the expiry date and your post code. We use this information to prevent fraud.
Wheelchair Accessible Vehicles
Data Cars do not set any ADDITIONAL charges for any specific customer. However, we publish a tariff to attract specific vehicles to work with us such as the Mercedes S Class to carry out Executive Bookings or the Volkswagen Caddy to carry out Wheelchair Accessible bookings. These rates are set to attract drivers and customers to use our service. If set the rate too low we cannot get drivers who own these vehicles to carry out the journeys, if we set the rate too high we will not get customers, therefore we try to find the balance. The Volkswagen Caddy with a new cost of £25,000 the rate charged is £15.00 for up to 2 miles, then £2 per thereafter. This price has been set to reflect the cost of the vehicle, furthermore the price quoted includes the extra time the driver will spend carrying out the job. As previously advised, we contract self employed drivers and if the rate is too low the drivers will cover our bookings and work elsewhere and if we charge too much the customers will not call. We believe we have found the balance for both Mercedes and the Volkswagen Caddy’s as both have excellent reviews from customers.
If, for any reason, a customer has a complaint against a driver they should firstly go to the contacts section of the website. Where they will be able to register the complaint. Or write to us at:- Data Cars, 94 Lee High Road, Lewisham, London SE13 5PT and in nearly all cases the complaint can be dealt with to our customers complete satisfaction. If, however you feel that Data Cars did not handle your complaint satisfactory you can contact :- London Taxi and Private Hire, Palestra, 4th Floor (Green Zone), 197 Blackfriars Road, London SE1 8NJ who is our licensing body.
Details of Data Cars and all licensed private hire operators can be found at www.tfl.gov.uk
Tell a Friend
If you choose to use our referral feature in the App to tell a friend about our Service, you will be prompted to enter your friend’s email address or mobile phone number or log into your preferred social network. If you elect to refer a friend, we will automatically populate a message for you to send to your friend inviting him or her to try the Service on your behalf, however the actual message will be sent via your mobile device or social network and you will be able to edit the final message before you send it. We do not store your friend’s data.
Bookings for children
It is a policy of Data Cars not to accept bookings for unaccompanied children under the age of 15 years of age. However, we will always send a driver to collect a stranded child if this is the case.
10. VEHICLE BREAKDOWN
Data Cars cannot be held responsible for any loss in financial professional missed flight, trains due to the Private Hire Vehicle not arriving at the pick up or drop off address at the booked time due to adverse weather traffic conditions or road traffic accidents as well as road closures or been given incorrect booking information by the customer. Also car breakdown due to excessive use of vehicles. If this does occur the customer has the opportunity to wait and another vehicle would be sent out as soon as possible or a full refund could be asked for which would be given to you, if paid in advance.
11 DRIVERS RECEIPTS
Data Cars is a booking agency and we act as agents for the drivers ( the principles) and therefore the following terms and condition apply. If you require a receipt for your journey, we must advise you that drivers are self employed and not vat registered. Therefore, any receipt given for cash or credit card payment will not include vat or have vat added. Account work carried out on behalf of Data Cars (Despatch) Limited will have VAT added at the applicable rate.
12.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and any other of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence) contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Site or your downloading of any material from the Site or any websites linked to the Site.
12.2 Nothing in these Terms & Conditions shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13 PRICE TARIFF
Data Cars up to date price tariff can be found on this website under PRICE LIST.
14 CREDIT CARD BOOKINGS
The credit card booking is taken from the customer by Data Cars LLP on behalf of the driver. Data Cars LLP will charge a handling administration charge. Data Cars will despatch a driver to carry out the booked journey. Data Cars cannot refund any fare if the booking is cancelled under 4 hours prior to the time of the booking journey pick up time as the driver would have been allocated this job. Data Cars will record the contract order between the customer and Data Cars to establish fault and if required will forward a copy of this recording to the customer or any other relevant party.
15 WITHHELD NUNMBERS
As from August 1st 2011, Data Cars will no longer except calls from ‘private’ or ‘withheld’ telephone numbers. This direct action has been taken to protect our drivers as all violent crimes or thefts against the driver reported to the police in 2011 has been committed by callers who withheld the number. You can release your number by placing the prefix 1470 before calling us. If you are a Data Cars account holder calling from an exchange and listening to this message you can continue to use your account by dialing the accounts line directly on 020-8850 1122 any callers who are not account holders with Data Cars will be requested to call the booking line on 020-8850 0000 without restricting your number. Thanks you for your help and understanding in this matter.
16 ENTIRE AGREEMENT
17 GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts
18 DATACARS INTERGRATED POLICY STATEMENT
The Integrated policy of Data Cars, has been developed to control the provision of a private hire car service for the carriage of people and light goods. thus enabling the organisation to provide a high quality professional service to it’s client base, working within those clients own guidelines and specifications, and complying with all legal obligations, and any other requirements that the company may adhere to. The company will achieve this by operating the Company’s IMS inline with the requirements of ISO9001:2008, ISO14001:2004. The company aim to understand and respond to the needs of it’s clients and the community they serve, where applicable, in a sustainable way. It is the objective of the management system to enable continuous improvement and at all times to prevent pollution and operate in a safe and responsible manner, in turn improving the effectiveness of the management system and client service offered. All personnel are trained in the operation of the management system. All incidents where the specified requirements are not achieved, be it customer complaint, health and safety accident or environmental incident are reported investigated and rectified promptly. The performance of the Management System will be compared against the objectives of the organisation at the company’s management review meetings. All staff are responsible for safeguarding their working environment and the natural environment by following defined procedures, standards and good practices, together with reporting any deficiencies to line management. The Senior Management , are responsible for implementing this policy and arrangements for quality, health safety, and environmental management in their respective areas of responsibility. They must:
19 DISCOUNT NEW APP DOWNLOAD OFFER 2013
£5 Discount NEW App download offer 2013 Data Cars will discount any fare booked by the Data Cars IPhone or Android/Google Play APP version 1.6 or above for a limited time from October 1st 2013 to October 4th 2013, excluding Friday & Saturday 6pm to 4am. Data Cars reserve the right to withdraw this offer at any time. Data Cars reserves the right to extend the limited period and will publish the terms on this website and in our Terms and conditions.
Les Chapman Managing Director September 23rd 2013