CABNET TERMS OF SERVICE

These terms and conditions ("Terms") apply to the use of website at www.cabnettaxi.com (the "Website"), Cabnet (the “Service”) and the Cabnet Application (the “Application”) as well as to all information, recommendations and/or services provided by and to the User on or through the Website, the Service and the Application. Cabnet is a trading name of Alton Estates Limited liability company established in the UK.

 

Definitions

For the purpose of these terms, the following definitions apply:

 

"User" means a person who accesses or uses the Website, the Service and/or the Application.  

"Content" means all content, including but not limited to logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.  

"Cabnet" means CabNet Taxi Network

"Cabnet Content" means Content owned or used by Cabnet, its affiliates, licensors and made available on the Website, Service and/or the Application, including any Content licensed from a Third Party.

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website, the Service and.or the Application.

"Third Party Content" means Content that a Third Party posts, uploads, publishes, submits or transmits to be made available on the Website, Service and/or the Application. 

"Transportation Provider" Transportation services offered by taxi companies, drivers and vehicle operators. 

"PHV" Private Hire Vehicles

Service

Cabnet offers information and a process to obtain details of transportation services offered by Transportation Providers which may be requested through the use of the Website, the Service and/or the Application supplied by Cabnet and downloaded and installed on a mobile device. When using the Application, the GPS receiver installed on the mobile device on which the Application has been downloaded detects the location of the device and provides the User with details of Transportation Providers within a specified range.  Using the Application the User also has the option to contact the Transportation Provider and submit subsequently provide reviews on the level of service provided by a Transport Provider whose services the User has accepted in terms of punctuality, quality of vehicle and driver courtesy.  These reviews are optional and Cabnet will not be held responsible for any content of completed reviews. The User warrant that any information the User provide via the Website, the Service and/or the Application is accurate and complete. Cabnet is entitled at all times to verify the information that the User has provided and to refuse the use of the Application without providing reasons.

Cabnet does not guarantee to locate any Transport Providers for the User.

Cabnet is not liable for the compatibility of the mobile device or if the correct version of the Application has been downloaded. Further, Cabnet reserves the right to terminate the use of the Application should it be established the User is the Application with an unauthorized device.

By using the Website, the Service and/or the Application, the User agrees that:

The User will only use the Website, the Service or the Application for the User sole, personal use and will not resell it to a third party;

The User will not use the Website, the Service and/or the Application for unlawful purposes;

The User will not use the Website, the Service and/or the Application to cause nuisance, annoyance or inconvenience;

The User will not try to harm or impair the proper operation of  the Website, the Service or the Application in any way whatsoever;

The User will not copy or the Website, Service and/or Application content without permission from Cabnet;

The User will comply with all applicable law from the location the User is present while using the Website, the Service and/or the Application.

 

Cabnet reserves the right to immediately terminate the Service and the use of the Application should the User not comply with any of the above rules. 

 Licenses

User License

Subject to the User compliance with these terms, Cabnet grants the User, the User, a limited, non-exclusive, non-transferable license to: 

• view and print any Cabnet Content solely for personal and non-commercial purposes;

• view any User Content to which the User is permitted access solely for the User personal and non-commercial purposes;

• view any Third Party Content to which the User is permitted access solely for the User personal and non-commercial purposes;

• The User has no right to sublicense the license rights granted in this section.

• The User may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. The User may not reuse any Collective Content without first obtaining the written consent of Cabnet. No licenses or rights are granted to the User by implication or otherwise under any intellectual property rights owned or controlled by Cabnet or its licensors, except for the licenses and rights expressly granted in these User Terms.

License Granted by Third Partys and Users

We may, in our sole discretion, permit Third-Parties and Users to post, upload, publish, submit or transmit Content on the Website, the Service and/or the Application. Third-Party and User Content will be deemed non-confidential and non-proprietary. Accordingly, Cabnet shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any Third Party and User Content for any purpose, in any medium and throughout the world.

The User acknowledges that Cabnet only acts as a passive conduit for the distribution of Third Party and User Content and is not responsible or liable to the User or to any third party for the content or accuracy of such Content. Cabnet shall not be continuously monitoring Third Party or User Content published nor shall Cabnet be under an obligation to do so. Without limiting the foregoing, the User acknowledges and agree that any remarks, opinions, comments, suggestions and other information expressed or included in Third Party and User Content do not necessarily represent those of Cabnet. 

Any use by the User of the Third Party or User Content is entirely at the User own risk. The User represents and warrant that any User Content posted or transmitted by the User is original to the User and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, the User represents and warrant that the User has the capacity to grant the license as stipulated in this paragraph. 

The User agrees to indemnify and keep Cabnet, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Cabnet or its affiliated companies related to any User Content posted or transmitted by the User or the User use of the Website, the Service or the Application. 

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Cabnet reserves the right at its sole discretion to block or remove any Third Party or User Content posted or transmitted and which Cabnet believes is not in accordance with these terms, or is otherwise unacceptable to Cabnet. 

The User agrees to promptly notify Cabnet in writing of any User Content which breaches these User Terms. The User agrees to provide sufficient information to enable Cabnet to investigate whether such User Content breaches these User Terms. Cabnet agrees to where possible make efforts to investigate such complaint and shall take such action as Cabnet in its sole discretion decides. However, Cabnet does not warrant or represent that it will block or remove such user Content. 

Application License

Subject to the User compliance with these User Terms, Cabnet grants the User a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that the User own or control and to run such copy of the Application solely for the User own personal use. 

The User shall not

• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; 

• modify or make derivative works based upon the Service or Application; 

• create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;

• reverse engineer or access the Application in order to design or build a competitive product or service,

• design or build a product using similar ideas, features, functions or graphics of the Service or Application, or copy any ideas, features, functions or graphics of the Service or Application, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

The User shall not:

send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; 

• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

• interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or 

• attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks

Cabnet will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Cabnet may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. The User acknowledge that Cabnet has no obligation to monitor the User access to or use of the Website, Service, Application or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Website, the Service and the Application to ensure the User compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Cabnet reserves the right, at any time and without prior notice, to remove or disable access to any Content that Cabnet, at its sole discretion, considers being in violation of these User Terms or otherwise harmful to the Website, the Service or Application.

Liability

The information, recommendations and/or services provided to the User on or through the Website, the Service and the Application is for general information purposes only and does not constitute an offer or advice. Cabnet will reasonably keep the Website, the Service and the Application correct and up to date but does not guarantee that the Website,  the  Service or the Application are free of errors, defects, malware, and viruses or that the Website, the Service or the Application are correct, up to date and accurate.

Cabnet shall not be liable for any damages resulting from the use of (or inability to use) the Website, the Service or the Application including damages caused by malware, viruses or any incorrectness or incompleteness of the Information on the Website, the Service or the  Application. 

Cabnet shall not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, the Service or the Application, including, but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. 

The quality of the transportation services requested through the use of the Website, the Application or the Service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to the User. Cabnet under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, actions, behavior, conduct, and/or negligence on the part of the Transportation Provider. Any complaints about the transportation services provided by the Transportation Provider should, therefore, be submitted to the Transportation Provider.

Indemnification

By accepting these terms and using the Website, the Service or the Application, the User agrees that the User shall defend, indemnify and hold Cabnet, its affiliates, its licensors, and each of their officers, directors, other users, employees, lawyers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers fees and costs) arising out of or in connection with: 

• the User violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; 

• the User violation of any rights of any third party, including Transportation Providers, arranged via the Application, or 

• the User use or misuse of the Website, the Service or the Application.

Intellectual Property Ownership

Cabnet alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the Service and the Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Website, the Service or the Application. 

These Terms do not constitute a sale and do not convey to the User any rights of ownership in or related to the Website, the Service or the Application, or any intellectual property rights owned by Cabnet. Cabnet’s name, logo, and the product names associated with the Service and Application trademarks of Cabnet, its affiliated companies or third parties, and no right or license is granted to use them.

App Store Sourced Application

With respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), the User will use the App Store Sourced Application only: 

1. on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and 

2. as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Cabnet reserves all rights in and to the Application not expressly granted to the User under these User Terms.

The User acknowledge and agree that

1. these User Terms are valid between the User and Cabnet only, and not Apple, and 

2. Cabnet, not Apple, is solely responsible for the App Store Sourced Application and content thereof. The User use of the App Store Sourced Application must comply with the App Store Terms of Service.

The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, the User may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to the User and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Cabnet and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cabnet.

The User and Cabnet acknowledge that, as between Cabnet and Apple, Apple is not responsible for addressing any claims the User have or any claims of any third party relating to the App Store Sourced Application or the User possession and use of the App Store Sourced Application, including, but not limited to: 

1. product liability claims; 

2. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and 

3. claims arising under consumer protection or similar legislation.

The User and Cabnet acknowledge that, in the event of any third party claim that the App Store Sourced Application or the User possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Cabnet and Apple,Cabnet, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

The User and Cabnet acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to the User license of the App Store Sourced Application, and that, upon the User acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to the User license of the App Store Sourced Application against the User as a third party beneficiary thereof.

Without limiting any other provisions of these User Terms, the User must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Third-Party Interactions

During the use of the Website, the Application and the Service links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take the User off the Website, the Application, and the Service and are beyond Cabnet’s control. 

During use of the Website, the Application, and the Service, the User may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application or Service. These links take the User off the Website, the Application and the Service and are beyond Cabnet’s control. The websites the User can link to have their own separate terms and conditions as well as a privacy policy. Cabnet is not responsible and cannot be held liable for the content and activities of these websites. The User, therefore, visits or access these websites entirely at the User own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and the User is therefore advised to check the terms of use or privacy policies on those websites prior to using them. 

The User is entitled to terminate this agreement at all times by permanent deletion of the Application installed on the User smart phone, thus disabling the use by the User of the Application and the Service.

Cabnet is entitled to terminate the Contract at all times and with immediate effect (by disabling the User use of the Application and the Service) if the User:

1. violate or breach any term of these User Terms, or 

2. in the opinion of Cabnet, misuse the Application or the Service. Cabnet is not obliged to give notice of the termination of the Contract in advance. The invalidity of one or more provisions. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. 

    

If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

Modification of the Service and User Terms

 

Cabnet reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending the User notice through the Service, Application or via email. Cabnet may also impose limits on certain features and services or restrict the User access to parts or all of the Service without notice or liability.

Notice

 

Cabnet may give notice by means of a general notice on the Service or Application.

Assignment

 

The User may not assign the User rights under these User Terms without the prior written approval of Cabnet

Applicable law and Dispute Resolution

 

These User Terms are subject to the laws of the United Kingdom. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, "Disputes") will be settled exclusively by the competent court in the United Kingdom.

Final provision

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

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CABNET DRIVER EQUITY PROGRAMME (CDEP)

Cabnet allocates 10% of its equity to share between all Drivers who have a valid registration on the network.  This equity is held in trust for the registered Drivers.  Companies are not eligible for the programme. 

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CALLS RECEIVED VIA CABNET

Cabnet users may contact you via Cabnet to make a booking for the provision of PHV services. For the avoidance of doubt, Cabnet does not itself provide transportation services, and is not a Transportation Provider. Cabnet acts as an intermediary between the user and the Transportation Provider. You acknowledge and agree that the provision of transportation services is by the Driver and the Transportation Provider and Cabnet is not a party to that contract.

 

SUBSCRIPTION PAYMENT.

Connections to the Driver and/or Transport Provider booking number/s by Cabnet is provided free of charge.  The subscription payments made to Cabnet enables Cabnet to set up and maintain the payment account for the company and/or driver. Cabnet will provide advance notice of any increase in subscription charges. Cabnet provides no guarantee that the company and/or drivers details will be ranked but will aim to provide Users the information in a suitable order.

 

COMMISSION PAYMENTS.

Cabnet will deduct a 3% processing fee from any fare that is paid using the Cabnet payment system (ie directly through the app).  The net payment will be made to the relevant company or driver related to that fare payment.

 

 LIMITATION OF LIABILITY.

To the extent permitted by applicable law, Cabnet will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise.

 

TAXI COMPANY/DRIVER INFORMATION

Our collection and use of personal information in connection with the Services is as provided in Cabnet’s Privacy and Cookie Policy located herein. Cabnet may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a Transportation Provider) and such information or data is necessary to resolve the complaint, dispute or conflict.

Access and Devices.

You are responsible for obtaining the data network access necessary to benefit from the Cabnet Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cabnet does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

 PROMOTIONAL CODES

Cabnet may, at Cabnet’s sole discretion, create promotional codes that may be redeemed for credit, and/or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Cabnet establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes:

1. must be used for the intended audience and purpose, and in a lawful manner;

2.  may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Cabnet;

3. Are not valid for cash, and may expire prior to your use.

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copyright July 2019

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