PLEASE CALL YOUR LOCAL BRANCH NUMBER BELOW
ROTHLEY0116 230 2222
GLENFIELD & NEW PARKS0116 2313131
FOSSE ROAD0116 2518851
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS APPSTORE OR USING THE APP.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and ADT Taxis (us, we or our, as applicable) for:
- the ADT Taxis mobile application software and all data and content supplied with the software (App); and
- all accompanying electronic documents, including those made available online, supplied in connection with the App (Documents).
OPERATING SYSTEM REQUIREMENTS
THIS APP REQUIRES THE FOLLOWING DEVICES WITH INTERNET ACCESS FOR THE APP TO OPERATE:
- AN APPLE IPHONE 5S OR ABOVE RUNNING iOS VERSION 8.1 OR ABOVE TO OPERATE THE iOS VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE APPLE APPSTORE;
- A MOBILE PHONE RUNNING ANDROID VERSION 4.4 OR ABOVE TO OPERATE THE ANDRIOD VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE GOOGLE PLAY STORE; AND
- A MOBILE PHONE RUNNING WINDOWS 10 MOBILE TO OPERATE THE WINDOWS PHONE VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE MICROSOFT STORE.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD OR USE THE APP.
You should print or save a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App and the Services, including any updates or supplements to the App or the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an email or SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you do not wish to accept the new terms you must delete the App from your device(s).
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed to own the mobile telephone or handheld devices on which you download and install a copy of the App (or, if you do not own but control such device, that you have obtained permission from the owners) (Devices). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 The Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings from your Device.
1.8 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9 In relation to the iOS version of the App, we and you acknowledge that ADT Taxis, and not Apple Inc, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
1.10 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
2.2 You may:
(a) download a copy of the App onto 5 Devices (or the number of Devices permitted by the Appstore Rules, if greater) and to view, use and display the App on the Devices for your personal purposes only; and
(b) use the Documents for your personal purposes only.
2.3 Certain software components of the App may be subject to ‘open source’ or ‘free software’ licences (OS Components), which may mean that, as a condition of distribution of the software licensed under such licence, the distributor may be required to make the software available in source code format. The terms of this EULA do not apply to the OS Components which instead are licensed under the terms of the end user licence that accompanies such OS Components. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user licence for the OS Components. If required by any licence for a particular OS Component, we will make such component OS Component and our modifications to it available to you at your written request to firstname.lastname@example.org.
3. Licence restrictions Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together, the Licence Restrictions.
4. Acceptable use restrictions You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Services or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, together, the Acceptable Use Restrictions.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. Promises, Disclaimer and Limitation of liability
6.1 You promise to us that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
6.3 We both acknowledge that as between ADT Taxis and the Appstore, we (and not the Appstore) are solely responsible for:
(i) addressing any valid claims made by you or a third party in relation to the App or your use of it; and
(ii) for the investigation, defence, settlement and discharge of any valid claim for intellectual property infringement by a third party, in each case to the extent such responsibilities are not disclaimed under the terms of this EULA.
6.4 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
6.6 THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL PROMISES, WARRANTIES, CONDITIONS, OR REPRESENTATIONS RELATING TO THE APP AND THE SERVICES AND THE CONTENT AVAILABLE THROUGH THEM, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN. IN PARTICULAR WE DO NOT MAKE ANY PROMISES AS TO THE TRUTH, ACCURACY, INTEGRITY, QUALITY OR COMPLETENESS OF THE CONTENT OR INFORMATION THAT APPEARS ON THE APP AND YOU SHOULD NOT RELY ON IT BEING ACCURATE, TRUTHFUL OR COMPLETE.
6.7 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS RESULTING FROM YOUR USE OF THE APP AND DOCUMENTS. WE ONLY SUPPLY THE APP AND DOCUMENTS FOR YOUR PRIVATE USE AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR LIABILITIES RELATING TO YOUR USE OF OR RELIANCE ON THE APP OR YOUR INABILITY TO ACCESS OR USE THE APP.
6.8 NOTHING IN THIS EULA SHALL AFFECT OR REDUCE YOUR RIGHTS AS A CONSUMER UNDER APPLICABLE LAW OR TO LIMIT OR EXCLUDE OUR LIABILITY FOR:
(a) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;
(b) FRAUD OR FRAUDULENT MISREPRESENTATION; AND
(c) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
6.10 IN THE EVENT OF ANY FAILURE OF THE iOS VERSION OF THE APP TO CONFORM TO ANY WARRANTY PROVIDED BY US UNDER THIS EULA, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP TO YOU IF YOU HAVE PURCHASED THE APP FROM THE APPLE APP STORE.
7.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(c) if we withdraw the App from the Appstore or cease to provide the Services for any reason.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of the Services; and
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
8. Communication between us
8.1 If you wish to contact us in writing (including in relation to any questions, complaints or claims), or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to ADT Taxis at ADT Taxis, 25 Blundells Road, Bradville, Milton Keynes, Buckinghamshire, MK13 7HB and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10. Other important terms
10.1 We both acknowledge and agree that, in respect of the iOS version of the App, Apple Inc and its subsidiaries are third party beneficiaries of this EULA, and that, upon your acceptance of this EULA, each of them will have the right (and will be deemed to have accepted the right) to enforce these terms of this EULA against you as a third party beneficiary. Except as provided in this condition 10.1, this EULA does not create any right enforceable by any person who is not a party to it.
10.2 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
10.3 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
DATE OF POSTING: 20/9/19
1.1 These Term of Use apply to your use of the services ADT Taxis (we, you or us, as applicable) provide to you through the mobile software application that we make available for download (App) from certain third party retailers (App Stores). For further information about us and our contact details, please see the Contact us section at the end of this page.
1.3 To make these terms and conditions quicker to read, we use a few definitions. We refer to users that have registered an account to use the ADT Taxis Services via the App as Users, to the third party operators of licensed private hire vehicles that Users can book using the App as Operators, to the transportation services provided by Operators as Transportation Services, to the booking a User makes for Transportation Services using the App as Bookings and to the electronic mobile device that a User uses to run the App as a Device.
1.5 You will see that each section of these Terms begins with a ‘highlight’ text box which summarises the key terms in that section. These highlights are an informal summary and do not form part of these Terms or any of the contracts made between us.
1.6 Please read these Terms carefully before you download the App, start to use the ADT Taxis Services or make a Booking, as these will apply to your use of the App and the ADT Taxis Services available through it. In particular, please read the terms relating to the limitations of our liability to you below in Promises, liability and disclaimer under paragraph 18, before making Booking.
1.7 By using our App and the ADT Taxis Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, you should not use the App or the ADT Taxis Services.
1.9 If you have any queries or concerns regarding these Terms or require any technical assistance in relation to the App, please contact us at firstname.lastname@example.org.
2 The ADT Taxis platform and our role
2.1 We provide a platform, comprising the App and ADT Taxis Services, which allows Users to obtain fare estimates and book Transportation Services with Operators from their Device using the App. Accordingly, our role is to facilitate Bookings and transactions between Users and Operators through provision of the App and ADT Taxis Services. We are not an agent of the Operators and we have no continuing authority to negotiate, deal with, manage, conduct or conclude any Bookings for, or the sale or purchase of, Transportation Services on behalf of Operators.
2.2 We are not involved in, and bear no responsibility for, the actual transactions between Users Operators. The contract for the provision of Transportation Services is made directly between the User and the Operator (Contract).
2.3 Whilst we may provide relevant information from the Operator as part of our Services (e.g. price estimates), such information is for information only. We have no control over, and are not in any way responsible for, the existence, quality, safety or legality of the Transportation Services advertised. Users should select and satisfy themselves as to the most appropriate Booking for their needs and we do not provide any suggestion, advice, recommendation or guidance as to the appropriate Booking or Transportation Services requirements for a User.
2.4 The responsibility for compliance and enforcement of all obligations under the Contract is between the User and the Operator.
2.5 If a User chooses to pay for a Booking using the App, we will process those payments and payment will be passed directly to the relevant Operators on the User’s behalf in accordance with these Terms.
3 Accessing and using the ADT Taxis Services
3.1 To use the ADT Taxis Services or make a Booking you must be 18 years of age or older and:
3.1.1 download the App from an Appstore and install it on a compatible Device that has an internet connection. For further details regarding the devices supported by the App, please visit our website at www.adt-taxis.co.uk; and
3.1.2 register for the ADT Taxis Services by creating an account using the App.
3.2 We try to make the ADT Taxis Services available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
3.3 You must make sure that all the information you provide when registering an account and making a Booking is true, accurate, current and complete.
3.4 If you change any of your registration details (e.g. name, email address or postal address) you must promptly update your account.
3.5 To help us maintain the security of the ADT Taxis Services, you must keep your registration and login details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email at email@example.com.
3.6 If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your registration and/or access to the ADT Taxis Services including access to your account.
3.7 You can close your account at any time. If you would like to do so, please contact us by email at firstname.lastname@example.org.
3.8 We reserve the right to delete your account and any personal data or other information associated with your use of the ADT Taxis Services if there is no activity on your account for more than 24 consecutive months.
4 Your privacy
4.2 We may send service notifications and other messages to you via the inbox feature within the App or, where you agree, using push notifications.
SECTION B: MAKING A BOOKING
5 Booking a journey
5.1 You may request at any time a Booking for immediate travel or booking for a time or date in the future. Please see the provisions below in this Section B for step-by-step instructions on how to make a Booking.
5.2 We may make changes to the ADT Taxis Services at any time but will make every effort to ensure that these do not substantially and adversely affect your use of those services.
6 Booking requirements
6.1 To make a Booking you must first login to your account using the App and must have the means of payment and sufficient funds to pay the final fare.
7 Making a Contract with Operators for the Transportation Services
7.1 Your Booking request is an offer to buy from the relevant Operator. When you are making a Booking, the following steps have to take place before a Contract is made between you and that Operator:
7.1.1 after selecting or inputting your pick-up and drop off locations, you will be presented with a fare estimate for your journey together with details of the Operator that will fulfil your Booking, including their contact telephone number. Before making your Booking request, you will be given the opportunity to review and, if necessary, to change your selected journey details.
7.1.2 you make your Booking request by pressing ‘Book Now’.
7.1.3 you will see an on-screen acknowledgement that your Booking request has been made.
7.1.4 the Operator accepts your order at the time you receive an email confirming your Booking (Confirmation Email). Accordingly, nothing that we or an Operator says or does will amount to any acceptance of your offer until you receive a Confirmation Email, at which point a Contract will be made between you and the Operator unless, prior to sending that email, we or the Operator notifies you that your Booking has not been accepted (see paragraph 8.1 below). We keep a record of your Booking history which you can view by logging-in to your account on the App. Your Booking and the provision of the Transportation Services will incorporate the terms and conditions of the applicable Operator allocated to fulfil your Booking. Please contact the individual Operator for details by using the contact telephone number and email address for that Operator in your Confirmation Email.
8 Refusal of your Booking request
8.1 Your Booking may be refused at the Operator’s sole discretion, including if the Operator has no cars available or if the User requesting the Booking has been blacklisted due to previous inappropriate behaviour.
9 Accessibility requirements
9.1 If you would like the vehicles you book to be accessible by wheelchair by default, please turn this feature on using the settings options within the App.
9.2 Unless agreed in advance with an Operator, child seats will not be provided for your journey. If you are travelling with any minors, you will be solely responsible for fitting and removing any child seat in a vehicle.
10 Substitute Operators
10.1 In the unlikely event the Operator allocated to your Booking is unable to fulfil your booking after you have submitted your Booking request, we may endeavour to find an alternative Operator to fulfil your Booking. We will inform you of the change of Operator using the contact information you have provided to us.
11 Fare estimates and payment
11.1 The fare estimates for your journey quoted on the App are inclusive of VAT and in British pounds sterling (GBP).
11.2 The period during which you can make a Booking based on the fare estimate presented to you varies due to factors including the particular Operator allocated to your journey, the time of day, the date, your journey details and the availability of cars. Consequently, we cannot guarantee that any quoted fare estimate will be active for any period of time.
11.3 The fare estimate quoted is not a fixed price and your actual fare will be calculated using the meter rate of the applicable Operator together with any initial pickup charge. Fare estimates exclude any extras services such as waiting time, parking or unscheduled stops. If available, extra services may be requested directly from the Operator and, if agreed, will be subject to their terms and conditions and may be subject to the payment of additional fees.
11.4 Operators currently accept payment by cash or if paying electronically using the App by debit card and via the following credit/charge cards: Visa, Mastercard and American Express. When making a Booking, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to make the Booking. Charges vary across taxi operators! Please see your local operator or the company you booked with for current charges.
11.5 All charges for Bookings are payable after the completion of your journey. If you have chosen to pay electronically, payment for the charges, together with any auto-tip you have pre-selected (see Tips under paragraph 12) will be taken from your chosen payment method automatically after your journey has completed.
12.1 If you would like to tip the driver for your journey you may do so in cash at the end of your journey or by turning on the ‘auto-tip’ feature within the settings of the App and selecting the tip percentage (e.g. 10%).
12.2 If you turn on the auto-tip’ feature, until you turn the feature off, the payment taken using your electronic payment method at the end of every journey will include an additional amount for a tip that is equal to the percentage of the final fare that you selected at the time you turned that feature on.
13 Cancelling your Booking
13.1 If you would like to cancel your Booking, you can do so using the relevant option within the App or by contacting the applicable Operator by telephone directly.
13.2 You may cancel your Booking without charge at any time prior to dispatch of the vehicle by the applicable Operator.
13.3 If you wish to cancel your Booking after your vehicle has been dispatched a cancellation charge may apply. The cancellation charge will be based on the standard rates of the applicable Operator but will not exceed five British pounds sterling (£5) except in relation to airport pickups where the cancellation charges may be more. Please check the terms and conditions of service for the applicable Operator before making your Booking.
13.4 If you have chosen to pay for the Transportation Services using an electronic payment method, payment of your cancellation charge will be taken automatically using that method and a receipt will be provided to you by email.
14 Contacting your driver
14.1 If you have any difficulty locating your driver after making a Booking or if your driver does not arrive at the pick-up location, please contact the relevant Operator directly using the contact details provided within the App. Please quote your Booking reference number for your journey included in your Confirmation Email or provide the journey time and your full name.
15 Refunds and disputes with Operators
15.1 Any refund requests should be made directly to the applicable Operator using the contact details provided in the App and/or relevant Confirmation Email. We are not responsible for managing or obtaining refunds on your behalf.
15.2 Should a dispute arise between a User and Operator they should use their best efforts to resolve that dispute between them and all complaints and queries with respect to a Booking should be directed to the other party involved. We have no obligation to mediate between you and an Operator or to enforce any Contract.
SECTION C: GENERAL PROVISIONS
16 Your content
16.1 Any content that you submit to us using the App such as any text or your profile picture for your account is generally known as ‘user generated content’ or UGC and is owned by you.
16.2 You promise to us that all your UGC:
16.2.1 is accurate, true and up to date in all respects at all times and is not misleading in any way;
16.2.2 is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person;
16.2.3 does not contain any personal information relating to any person other than you. Personal information is any information that could potentially identify an individual such their name, email address, or a photograph of them;
16.2.4 is owned by you or you have permission to use the UGC and information by the owner.
17 Our content
17.1 ‘Our Content’ means any information, data or other material found on or via the App or ADT Taxis Services, including without limitation text, databases, graphics, videos, software and all other features found on or via the App or ADT Taxis Services (excluding any UGC).
17.2 Our Content including but not limited to text, images, brand names and logos is owned by us or our licensors and is protected by UK and international copyright and other intellectual property laws.
17.3 The trademarks appearing on the App and the ADT Taxis Services including ‘ADT Taxis’ and the ADT Taxis logo are owned by us or our licensors. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.
17.4 You may not use any ADT Taxis Content without prior written permission from us. In particular, you must not in any circumstances:
17.4.1 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within Our Content;
17.4.2 breach or circumvent any laws, third party rights or our policies;
17.4.3 copy, adapt, vary, distribute, edit, modify, translate, transpose or permanently store outside the App, in part or in whole, any of Our Content.
17.4.4 use Our Content to compile a database of, or re-create the whole or substantial part of that content by making repeated and systematic copies of insubstantial parts of, any of that content;
17.4.5 alter, modify or circumvent, or attempt to circumvent, any copy protection and/or digital rights management measures within the App or its content;
17.4.6 use the App or the ADT Taxis Services or its content in such a way that breaks the terms of the EULA or for any illegal purpose. In particular, you will not interfere with or disrupt the ADT Taxis Services or servers or networks connected to the App or ADT Taxis Services, or disobey any requirements, procedures, policies or regulations of networks connected to them; or
17.4.7 sublicense, sell or rent access to the App or ADT Taxis Services or Our Content.
17.5 You shall not carry out data mining, screen scraping or crawling of the ADT Taxis Services or any content made available through them or use any process or processes that sends automated queries to the ADT Taxis Services unless you have obtained our prior written consent.
18 Promises, liability and disclaimer
18.1 THE ADT TAXIS SERVICES ARE PROVIDED TO YOU AND ALL USERS ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL PROMISES, WARRANTIES, CONDITIONS, OR REPRESENTATIONS RELATING TO THE ADT TAXIS SERVICES AND THE CONTENT AVAILABLE THROUGH THEM, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN. IN PARTICULAR WE DO NOT MAKE ANY PROMISES AS TO THE TRUTH, ACCURACY, INTEGRITY, QUALITY OR COMPLETENESS OF THE CONTENT OR INFORMATION PROVIDED BY THE ADT TAXIS SERVICES AND YOU SHOULD NOT RELY ON IT BEING ACCURATE, TRUTHFUL OR COMPLETE.
18.2 YOU AGREE THAT YOUR ACCESS AND USE OF THE ADT TAXIS SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT HAVE ANY KNOWLEDGE OF, OR CONTROL OVER, THE PARTICULAR PURPOSES FOR WHICH THE INFORMATION AND CONTENT AVAILABLE THROUGH THOSE SERVICES IS USED. THE CONTENT AND INFORMATION THAT WE MAKE AVAILABLE BY THE ADT TAXIS SERVICES IS PROVIDED FOR INFORMATION ONLY. ACCORDINGLY, WE EXCLUDE ANY AND ALL LIABILITY FOR ANY LOSS OF ANY NATURE SUFFERED BY YOU AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF ANY OF THE INFORMATION OR CONTENT AVAILABLE BY THE ADT TAXIS SERVICES OR OF MAKING ANY DECISION, OR REFRAINING FROM MAKING ANY SUCH DECISION, BASED WHOLLY OR PARTLY ON ANY EXPRESSION OF OPINION, STATEMENT OR OTHER INFORMATION CONTAINED IN THE CONTENT AVAILABLE BY THE ADT TAXIS SERVICES.
18.3 BY USING THE ADT TAXIS SERVICES YOU ACKNOWLEDGE AND ACCEPT THE INHERENT RISKS, CHARACTERISTICS AND LIMITATIONS OF THE INTERNET, PARTICULARLY IN TERMS OF TECHNICAL PERFORMANCE OF THE ADT TAXIS SERVICES, RESPONSE TIMES TO VIEW, VERIFY OR TRANSFER INFORMATION AND THE RISKS INHERENT IN ALL THIRD PARTY LINKS, CONNECTIONS AND TRANSFERS VIA THE INTERNET. ACCORDINGLY, WE DO NOT MAKE ANY PROMISES ABOUT THE AVAILABILITY OR ACCESSIBILITY OF THE ADT TAXIS SERVICES OR PROMISE THAT YOUR ACCESS TO THEM OR THE CONTENT PROVIDED THROUGH THEM WILL BE DELIVERED UNINTERRUPTED, IN A TIMELY MANNER OR ERROR-FREE.
18.4 WE MAKE NO PROMISES IN RESPECT OF ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, TROJAN HORSE, CANCELBOT, LOGIC BOMB OR ANY OTHER FORM OF PROGRAMMING ROUTINE DESIGNED TO DAMAGE, DESTROY OR OTHERWISE IMPAIR A DEVICE'S FUNCTIONALITY OR OPERATION INCLUDING TRANSMISSION ARISING FROM YOUR DOWNLOAD OF ANY CONTENT, SOFTWARE YOU USE TO DOWNLOAD THE CONTENT, THE ADT TAXIS SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE. IN THIS RESPECT YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO INSTALL SUITABLE ANTI-VIRUS AND SECURITY SOFTWARE ON YOUR COMPUTER HARDWARE AND OTHER DEVICES TO PROTECT AGAINST ANY SUCH BUGS, VIRUSES OR OTHER SUCH HARMFUL PROGRAMMING ROUTINES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ADT TAXIS SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
18.5 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; FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE ADT TAXIS SERVICES.
18.6 EXCEPT AS SET OUT ABOVE IN THIS PARAGRAPH 18, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON IN RELATION TO:
18.6.2 ANY BUSINESS LOSSES. IF YOU USE THE ADT TAXIS SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY; OR
18.6.3 ANY UGC YOU SUBMIT TO US.
18.7 EXCEPT AS SET OUT ABOVE IN THIS PARAGRAPH 18, OUR TOTAL LIABILITY IN CONNECTION WITH THESE TERMS OR USE AND THE EULA SHALL IN ALL CIRCUMSTANCES BE LIMITED TO ONE HUNDRED BRITISH POUNDS STERLING (£100).
19 Your obligation to compensate and reimburse us in full if you break these Terms or any Contract
19.1 You agree only to use the App and ADT Taxis Services in accordance with these Terms. You agree that you will compensate and reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise as a result of you breaking any of these Terms and/or any Contract. This includes any actions you take which disrupt access to and/or the functioning of the ADT Taxis Services or any liability we incur as a result of the use of the App or the ADT Taxis Services by you and any other person that uses your account (except where such use arises from our negligence).
20 Your legal rights
20.1 Nothing in these Terms will affect your legal rights. For detailed information regarding your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. 21 Promotional Codes
21.1 From time to time, we may make promotional codes available (Promotional Codes) that can be redeemed by you and/or friends and colleagues via the App by entering the code into the relevant section of the App. We may make these codes available via the App, by email or through a third party.
21.2 The availability and use of Promotional Codes may also be subject to additional terms and conditions which we will make available to you at the time of the promotion.
21.3 Details of the validity period of a Promotional Code will be made available at the time of its issue.
21.4 Promotional Codes cannot be exchanged for cash. We do not permit the sale, trade or purchase of Promotional Codes in any way. This also applies to Promotional Codes published by third parties.
21.5 Promotional Codes cannot be used in conjunction with each other nor any other special offers or discounts.
21.6 If you would like to send a Promotional Code to a friend or colleague, please ensure that you have their permission to do so before sending the code.
22 Third party software and services
22.1 You acknowledge that you may need to download and activate certain software in order to use the App and the ADT Taxis Services (for example updates to the operating system of your Device). The minimum requirements will be set out in the EULA and/or the relevant listing for the App on the App Store. Certain functionality provided by the App and the ADT Taxis Services is provided by a third party service (for example fare estimates) and may require you to access servers and infrastructure operated by them.
22.2 In order to use such third party software or services, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software and services or their availability.
23 Links to third party websites
23.1 You acknowledge that the App and ADT Taxis Services may include links to third party websites. We do not control these third party websites and we are not responsible for the websites or their content or availability. The terms and conditions and the privacy and other policies of the operator of the relevant third party retailer (and not ours) will apply when you visit such websites.
23.2 We do not therefore endorse or make any promises about them or any content found there or any results that may be obtained from using them. If you decide to access any of these third party websites, you do so entirely at your own risk.
24 General complaints, feedback and requests for further information
24.1 If you have any general complaints or wish to request further information about the App or the ADT Taxis Services, please contact us via email at email@example.com or by post to the address provided at the end of these terms and conditions and we will do our best to resolve these.
24.2 Your feedback and suggestions about the App and ADT Taxis Services are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
25 Other important terms
25.1 Written communications. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
25.2 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Each Contract between you and an Operator will be concluded in English.
25.3 Our reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter. We and you will be legally bound by these Terms.
25.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
25.5 We may transfer the agreement between us to someone else. We may transfer our rights and obligations under these Terms to another organisation.
25.6 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war), our inability or delay in performing our obligations will not be deemed to be in breach of contract.
25.7 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 to this in writing.
25.9 If a court finds part of these Terms 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.
25.10 Even if we delay enforcing these Terms, we can still enforce them 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 you breaking these Terms, 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.
25.11 Which laws apply to these Terms. These Terms and any Contracts are governed by English law and you can bring legal proceedings in respect of them in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms or any Contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms or any Contract in either the Northern Irish or the English courts.
25.12 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or an Operator has handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
27 Contact us
27.1 The ADT Taxis platform is owned and operated by ADT Taxis, a company incorporated in England. The registered office address 50 Baxtergate, Loughborough LE111TH