Terms & Conditions

TAP A TAXI – PASSENGER TERMS AND CONDITIONS

These passenger terms and conditions set out how our app and our website work, the services that we provide for you when you book a journey using our app, and the legal relationship between you and us. Please read them carefully, as they set out important information about your rights and obligations.

We recommend that you pay particular attention to section 12, which sets out important information about your rights, and section 13, which sets out important limits and exclusions of our liability to you.

These are our passenger terms and conditions – the terms and conditions that apply to drivers who use our app and our website to accept bookings are set out further down this page.

  1. Who we are and how to contact us

    1. The Tap a Taxi mobile application (our app) and website (our website) are operated by Tap a Taxi Ltd (we or us). We are a company registered in England and Wales under company number 15174994, and have our registered office at Hope House 23a Scotby Road, Scotby, Carlisle CA4 8BD. We remain the owners of our app and the website at all times.

    2. We are licensed by Carlisle City Council as a private hire operator – you can find out more about what this means at the Carlisle City Council website at https://www.carlisle.gov.uk/Business/Licences-and-Permits/Taxi-and-Private-Hire.

    3. We are responsible for ensuring that any driver we provide through the app holds a suitable licence to provide private hire transport services using the vehicle they operate, and holds required insurance.

    4. You can contact us through our app or our website, or by sending an email to [email protected] .

  2. What is covered by these passenger terms and conditions

    1. These passenger terms and conditions (which we will refer to as the terms) tell you the rules for using our app and our website, and for accessing the transport services we make available for booking through our app (our services).

    2. When you make a booking through our app (a booking), you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not make a booking.

    3. We may make changes to these terms at any time. However, the terms which will apply to the services we provide for you will be those in force at the time you made your booking. We recommend that you keep a record of these terms for future reference.

    4. If we change these terms, we will publish the new version through the app or on our website. Every time you use our app or our website, please check these terms to ensure you understand the terms that apply at that time.

  3. What other terms apply?

    1. There are other terms which may apply to you, and which can be found on our app or our website:

      1. our Privacy Policy, which sets out details of how we collect, use and look after your personal data when you create an account, make a booking or otherwise use our app or our website;

      2. our Cookies Policy, which sets out information about the cookies we use; and

      3. our Acceptable Use Policy, which sets out how you can use our app and our website.

  4. Who can use our services?

    1. You must be at least 18 years old to use our services, and by creating an account or making a booking through our app or our website, you confirm that you are at least 18 years old.

    2. If you make a booking for someone under the age of 18, you take responsibility under these terms for ensuring that the passenger complies with the relevant provisions of these terms, and remain responsible for payment of the fares.

    3. You must not use our app if you have been suspended or prohibited from using the app, and must not knowingly make a booking on behalf of someone who has been suspended or prohibited from using the app.

    4. Please note that our services are, at present, only available within Carlisle and surrounding areas.

  5. Your account

    1. To use our app, you must first register and create an account (your account).

    2. As part of the registration process, you will be required to provide certain personal information including but not limited to your name, email address, and mobile number.

    3. An email address can only be registered to one individual passenger account.

    4. By registering for an account, you are agreeing that any information you give to us will be accurate, honest, and up to date. If you provide us with any information that is not accurate, we may at our sole discretion refuse to provide you with an account or cancel your account at any time.

    5. You must not share your account details with anyone else or allow anyone else to use your account. The safety or your account and login details is your responsibility and you accept full responsibility for any activity that takes place using your account.

    6. We reserve the right, to suspend or cancel your account if you do not comply with these terms.

  6. Requesting a booking

    1. You can use our app to request a booking for an immediate pick-up or for a future journey.

    2. To request a booking for an immediate pick-up, you can either click on a vehicle that is showing as available on the map view of the app, or you can select the ‘Book a Cab’ option, which will send a request to all available drivers. In either case, the drivers are free to either accept or reject your requested booking.

    3. If a driver rejects your requested booking, the request will then be sent out to all available drivers. This process will continue until a driver accepts your requested booking, or until you cancel your request. Your request may time out if there are no available drivers willing to accept the requested booking.

    4. We make no guarantee that any driver will accept your requested booking even if you see a vehicle close to your location on the map view of the app, or that a driver will be available when request a booking for an immediate pick-up or for a future journey. Your request may time out if there are no available drivers willing to accept the requested booking.

  7. Confirming a booking

    1. If a driver accepts your requested booking, then you will receive confirmation through our app. At this point a legally binding contract will be in place between you and us, and we will provide the transport services to you in accordance with these terms (but please see section 10 below for information on our rights to cancel).

    2. If a driver accepts your requested booking, the relevant driver will receive your contact details, you will be informed of the make, model and colour of the vehicle, and you and the driver will each be able to monitor each other’s location through the app.

  8. Fares and payment

    1. We charge a fee for our services (the fare).

    2. The fare you pay for any journey is based on the metered tariff which is regulated by the City of Carlisle Council, and published at https://www.carlisle.gov.uk/Business/Licences-and-Permits/Taxi-and-Private-Hire. The actual fare you pay will depend on factors including the distance and duration of your journey.

    3. Indicative fares shown in our app are estimates only, and are calculated based on the distance being travelled and the standard metered tariff. The driver will tell you the actual cost of the fare once the journey is complete.

    4. The fare will be stated in pounds sterling, and will be inclusive of any applicable VAT.

    5. The driver is authorised to collect your payment of the fare as agent on our behalf, and will accept payment in cash or, where indicated on the app, payment by card.

  9. Cancellations

    1. Even once a booking has been confirmed, the driver retains the right to change their mind about fulfilling the booking, and if that happens you will receive a notification through the app. If this happens, we reserve the right to cancel the booking at any time before the driver picks you up, without incurring any liability to you for that cancellation.

    2. In the same way, even once a booking has been confirmed, you have the right to change your mind about the booking, and you can cancel your booking through the app at any time before the driver picks you up.

  10. No shows

    1. Although we endeavour to provide a good standard of service, and to implement measures with our drivers to promote reliability, we accept no liability if your driver does not arrive for a confirmed booking at the expected time or at all, and you have no right to claim any compensation from us in these circumstances.

    2. If a driver arrives at a pick-up point and cannot find you, they will attempt to contact you via the mobile number associated with your account.

    3. If the driver is unable to contact you, the driver will decide how long they remain in the vicinity of the pick-up point. If you are uncontactable, or are not at the agreed pick-up point at the agreed or expected time, we reserve the right to cancel the booking without incurring any liability to you for that cancellation.

  11. Your responsibilities

    1. You agree that you will not contact a driver with whom you are in contact through our app directly in respect of transport services, other than for purposes of completing a booking made through our app, and you acknowledge that we may suspend or terminate your account if you do so.

    2. You are responsible for informing us of any accessibility or other requirements in your preferences at the time you request your booking.

    3. If you, our someone using the transport services through your account, does anything which makes it necessary for the driver to undertake significant cleaning of the vehicle, including sickness or other soiling, you acknowledge that you will be liable for reasonable cleaning costs, with a minimum charge of £100.

  12. Faulty Services

    1. You have legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) which are summarised below:

      1. the services which we provide to you must be carried out with reasonable care and skill;

      2. where the price has not been agreed upfront, the cost of the services must be reasonable; and

      3. where no time period has been agreed upfront for the provision for the services, we must carry out the services within a reasonable time.

    2. If the services we have provided to you are faulty, please contact us using the contact details set out at section 1.3.

    3. For more detailed information on your rights, please visit the Citizens Advice Website at www.citizensadvice.org.uk or call 0808 223 1133.

  13. Our responsibility to you

    1. Our app and our website are provided on an “as is” and “as available” basis. While we endeavour to make the app and website available at all times, we do not guarantee their availability, or their compatibility with any device, and are not liable for any loss or inconvenience caused by their unavailability at any time.

    2. Our app is available to download from the Apple App Store or Google Play Store. By downloading our app agree to be bound by the terms and conditions of the Apple App Store or Google Play store, as applicable.

    3. Updates to our app will be issued through either the Apple App Store or Google Play store. Depending on the update, you may not be able to use the app until you have downloaded the latest version of the app and accepted any new terms and conditions.

    4. You accept all responsibility for the safety and security of any devices on which you download and use the app.

    5. We reserve the right to suspend, withdraw, discontinue, or change the app and the website or any functionality or element of either at any time and without prior notice to you.

    6. Except for any legal responsibility which we cannot exclude in law (such as death or personal injury) or which arise under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

      1. losses that were not foreseeable to you or us at the time our contract with y9ou was formed;

      2. losses which were not caused by any breach on our part;

      3. losses which were caused by a failure on your part to comply with your obligations under these terms (such as providing inaccurate information to us);

      4. business losses; or

      5. losses to non-consumers.

  14. Your personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. Our Privacy Policy is available on our website.

  1. Complaints

If you are unhappy with us or the services we have provided to you, please contact us using the contact details set out at section 1.3.

  1. General

    1. Events outside our control. We will not be in breach of these terms or otherwise liable to you for any failure or delay in performing our obligations under these terms due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

    2. Waiver. 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 your breaking terms, this 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.

    3. Severance. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

    4. Notices. If we are providing notice to you, we shall send such notice to the email address you provide to us. You can provide notice in connection with the Contract to us using the contact details set out at section 1.3. A notice shall be deemed to have been received the next working day. This section 16.4 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

    5. We may transfer our client agreement with you to someone else: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.

    6. Which country's laws apply to any disputes: These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with English law. You can bring proceedings in the courts of England and Wales.

These terms were most recently updated in April 2024.





TAP A TAXI – DRIVER TERMS AND CONDITIONS

These driver terms and conditions set out how our app and our website work, the basis on which you can use our app to obtain bookings for transport services, and the legal relationship between you and us. Please read them carefully, as they set out important information about your rights and obligations.

We recommend that you pay particular attention to section 13, which sets out important limits and exclusions of our liability to you. Your rights to access and use our app and our website are subject to complying with these driver terms and conditions, and you should print a copy of these terms for future reference.

These are our driver terms and conditions – the terms and conditions that apply to passengers who use our app to make bookings are set out at the top of this page.

  1. Who we are and how to contact us

    1. The Tap a Taxi mobile application (our app) and website (our website) are operated by Tap a Taxi Ltd (we or us). We are a company registered in England and Wales under company number 15174994, and have our registered office at Hope House 23a Scotby Road, Scotby, Carlisle CA4 8BD. We remain the owners of our app at all times.

    2. We are licensed by Carlisle City Council as a private hire operator – you can find out more about what this means at the Carlisle City Council website at https://www.carlisle.gov.uk/Business/Licences-and-Permits/Taxi-and-Private-Hire.

    3. You can contact us through our app or our website, or by sending an email to [email protected] .

  1. What is covered by these driver terms and conditions

    1. These driver terms and conditions (which we will refer to as the terms) tell you the rules for using our app and our website (together, our platform), and for making the transport services you provide available for booking through our app. They explain how you will be paid for the transport services you provide to passengers on our behalf. They also explain the functionality our platform provides to you during the term of your subscription (our services) and the charges you will pay to us for access to our platform (our charges).

    2. When you set up a driver account with us through our website, and subscribe to use the platform, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not set up an account or subscribe to use the platform.

    3. We may make changes to these terms at any time. If we change these terms, we will publish the new version through the website or the app, or, where the change affects our Charges, we will give you reasonable notice of the new Charges, and allow you the opportunity to end your subscription before the new Charges come into effect. Every time you use our platform, please check these terms to ensure you understand the terms that apply at that time.

  1. What other terms apply?

    1. There are other terms which may apply to you, and which can be found on our app or our website:

      1. our Privacy Policy, which sets out details of how we collect, use and look after your personal data when you create an account, make a booking or otherwise use our platform;

      1. our Cookies Policy, which sets out information about the cookies we use; and

      2. our Acceptable Use Policy, which sets out how you can use our platform.

  1. Accessing and using our platform

    1. In consideration of your agreement to comply with these terms, and subject to our acceptance of your request to set up a driver account on our platform, we grant to you a non-exclusive, non-transferable licence to access and use our platform in accordance with these terms during the term of your subscription.

    2. You can find full details of our subscription options and our charges on our platform – we will normally offer weekly (7 days) or 4-weekly (28 days) subscription options, offering you flexibility over when you use the platform. Your subscription does not automatically renew, so in order to continue to use the platform you will need to purchase a new subscription through your account on our website. If you purchase an additional subscription before your current subscription has expired, the new subscription period will start immediately after the expiry of your current subscription. In all other circumstance the subscription period will start immediately when you confirm your payment. For the avoidance of doubt, if your subscription period expires while a journey is in progress, you will be able to complete that journey, and use our platform in connection with that journey, but you will not be able to start a new journey after that point.

    3. We will review our charges on a quarterly basis, but may change the charges at any time – any change we make will take effect when you next subscribe for the platform, but we will always give you notice of any change through the platform, and you are under no obligation to renew your subscription if you do not wish to continue after the change takes effect.

    4. You may access and use our platform to find and respond to opportunities to fulfil the transport requirements of passengers who are registered users of our app (passengers), and who place bookings with us through our app for the provision of such transport services.

    5. Where you accept a booking request from a passenger through our app, we will form a contract with that passenger for the provision of the requested transport services, and we will simultaneously form a contract with you under these terms. In our contract with you, we engage you to fulfil the passenger’s transport requirements acting as sub-contractor on our behalf.

    6. Our payment to you for the fulfilment of the passenger’s transport requirements will be equal in value to the fare which you collect from the passenger on our behalf. On that basis, since you will be entitled to receive a payment from us equal in value to the fare you collect from the passenger, you will retain all payments you collect from passengers in respect of fares, and the only payment which you make to us will be the charges you pay us for subscribing to our platform.

    7. Please note that our platform can only be used, at present, by drivers operating in Carlisle and the surrounding area, and holding a valid Carlisle City Council driver licence.

  2. Your account and onboarding requirements

    1. To use our platform as a driver, you must first register and create a driver account (your account).

    2. As part of the registration process, you will be required to provide certain personal information including but not limited to your name, email address, physical address, mobile number, date of birth, NI number, address, vehicle details, bank account details. licence details and insurance details, and will also so be required to upload scans of relevant documentation such as your licences and proof of identification. Full details of these requirements will be set out on the platform.

    3. An email address can only be registered to one individual driver account.

    4. By registering as a driver you represent and warrant that you:

      1. hold all the necessary licences, permits and insurances required by law to allow you to lawfully drive a taxi or private hire vehicle (including a valid Carlisle City Council driver licence);

      2. comply with all our requirements for drivers as set out on the platform;

      3. will notify us and the council immediately if your driving licence and/or your Carlisle City Council driver licence is suspended or revoked, and will stop using our platform immediately until such licence is reinstated.

    5. By registering for an account, you are agreeing that any information you give to us will be accurate, honest, and up to date. If you provide us with any information that is not accurate, we may at our sole discretion refuse to provide you with an account or cancel your account at any time.

    6. We will review your request for an account and verify your information. You will be required to wait until your account has been activated before you will be able to use the platform.

    7. We may request additional information during the verification and onboarding process.

    8. If you provide us with any information which indicates you are not a fit to have an account, we may, at our sole discretion, refuse to provide you with an account.

    9. You must not share your account details with anyone else or allow anyone else to use your account. The safety or your account and login details is your responsibility and you accept full responsibility for any activity that takes place using your account.

    10. We reserve the right, to suspend or cancel your account if you do not comply with these terms.

  3. Your status

    1. You acknowledge that nothing in these terms will make you our employee, and accordingly you shall be fully responsible for and shall indemnify us for and in respect of:

      1. any income tax, national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the arrangements between you and us described in these terms (including any liability under IR35, the rules in respect of off payroll working or similar principles of liability), where the recovery is not prohibited by law;

      2. all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim; and

      3. any liability arising from any employment-related claim (including reasonable costs and expenses) brought by you against us arising out of or in connection with the arrangements between you and us described in these terms.

  4. Passenger requests for bookings

    1. Passengers can use our app to request a booking for an immediate pick-up or for a future journey.

    2. To request a booking for an immediate pick-up, the passenger can either click on a vehicle that is showing as available on the map view of the app, or can select the ‘Book a Cab’ option, which will send a request to all available drivers.

    3. When you receive notification of a request for a booking through the app, you (and other drivers receiving the notification where it has been sent to multiple drivers) will have the opportunity either to accept or reject a passenger’s requested booking. Your opportunity to accept the booking will expire if another driver accepts the booking, or if the passenger cancels their request.

    4. We expect that you will accept bookings where you have indicated you are available are individually requested by the passenger (on the basis of being the closest available vehicle) unless you have a reasonable justification not to – in particular, you should not decline requests on the basis of any notified passenger requirement (such as the requirement for wheelchair access) if your vehicle is equipped to fulfil such requirement. We may request information from you in respect of your reasons for declining any request for a booking which you decline, and we reserve the right to suspend or cancel your account if we consider that you are unreasonably declining individual requests.

  5. Confirming a booking

    1. If you accept a passenger’s requested booking, a legally binding contract will be in place between the passenger and us, under which we undertake the requested transport services, and a separate legally binding contract will be in place between you and us, under which you undertake to perform the requested transport services as a sub-contractor on our behalf, in accordance with these terms (but please see section 10 below for information on your, our and the passenger’s rights to cancel).

    2. If you accept a passenger’s requested booking, you will receive the contact details of the relevant passenger, the passenger will be informed of the make, model and colour of the vehicle, and you and the passenger will each be able to monitor each other’s location through the app.

  6. Fares, charges and payment

    1. We charge a fee to the passenger for our transport services (the fare), which we authorise you to collect on our behalf from the passenger. We pay the same fare to you for fulfilment of the passenger’s transport requirements as sub-contractor on our behalf.

    2. The fare we charge the passenger for any journey, and which we pay to you for your sub-contracted services, is based on the metered tariff which is regulated by the City of Carlisle Council, and published at https://www.carlisle.gov.uk/Business/Licences-and-Permits/Taxi-and-Private-Hire. The actual fare will depend on factors including the distance and duration of their journey.

    3. Indicative fares shown in our app are estimates only, and are calculated based on the distance being travelled and the standard metered tariff. You must inform the passenger of the actual cost of the fare once the journey is complete, and input the actual cost of the fare into the app.

    4. The fare must be stated in pounds sterling, and be inclusive of any applicable VAT.

    5. You must collect the passenger’s payment of the fare as agent on our behalf, and must be willing to accept payment in cash or, where you have indicated this on the app, payment by card or cash.

    6. In consideration of you performing the transport services requested by any passenger as a sub-contractor on our behalf, in accordance with these terms, we will pay you a fee equal in value to the fare you collect from the passenger for that booking. You must report the value of all fares you collect passengers to us through our platform.

    7. The only payment which you make to us will be the charges you pay us for subscribing to our platform, as specified on the platform. Available payment channels, and the timing of your payments, will be as displayed on the platform.

  7. Cancellations

    1. Even once a booking has been confirmed, the passenger retains the right to change their mind about the booking, and if that happens you will receive a notification through the app. If this happens, neither the passenger nor we will incur any liability to you for that cancellation.

    2. In the same way, even once a booking has been confirmed, you have the right to change your mind about fulfilling the booking, and you can notify us and the passenger through the app at any time before you pick up the passenger. We expect that you will not cancel a booking you have accepted other than in exceptional circumstances arising from circumstances beyond your control, such as vehicle breakdown, and we may request information from you in respect of the cause of any cancellation. We reserve the right to suspend or cancel your account if we consider that you are unreasonably cancelling accepted bookings.

  8. Passenger no shows

    1. If you arrive at a pick-up point and cannot find the passenger, you should attempt to contact them via the mobile number associated with their account.

    2. If you are unable to contact the passenger, you may decide how long you remain in the vicinity of the pick-up point. If they are uncontactable, or are not at the agreed pick-up point at the agreed or expected time, you may cancel the booking without incurring any liability to us or the passenger, and we will not incur any liability to you in respect of such cancellation or no show.

  9. Your responsibilities

    1. You are responsible for ensuring that you have in place all the necessary licences, permits and insurances required by law to allow you to lawfully drive a taxi or private hire vehicle (including a valid Carlisle City Council driver licence) – full details of our requirements will be as set out on the platform, but you should also ensure that you have familiarised yourself fully with the legal requirements for operating a taxi or private hire vehicle, including those set out at https://www.carlisle.gov.uk/Business/Licences-and-Permits/Taxi-and-Private-Hire .

    2. While our platform has functionality designed to assist you in meeting your compliance requirements, by notifying you of renewal dates and other requirements based on the information you have provided to the platform, compliance with such requirements remains solely your responsibility, and we accept no responsibility for any liability you may incur (to us or any third party) if you do not comply with such requirements. If you do not comply in full with these requirements, including by providing up-to-date documentation when required, then your account will be suspended.

    3. We expect the highest standards of passenger care, and you must comply with any Driver Code of Conduct or other reasonable instructions that we provide through our platform from time to time. These requirements include:

      1. that you will treat passengers with fairness and respect at all times;

      2. that you will accept bookings where you have indicated you are available are individually requested by the passenger (on the basis of being the closest available vehicle) unless you have a reasonable justification not to; and

      3. that you will not cancel a booking you have accepted other than in exceptional circumstances arising from circumstances beyond your control.

We reserve the right to suspend or cancel your account if we consider that you are not meeting these requirements or our expected standards.

    1. You agree that you will not contact a passenger with whom you are in contact through our platform directly in respect of transfer services, other than for purposes of completing a booking made through our platform, and you acknowledge that we may suspend or terminate your account if you do so.

  1. Our responsibility to you

    1. Our platform is provided on an “as is” and “as available” basis. While we endeavour to make the platform available at all times, we do not guarantee its availability, or its compatibility with any device, and are not liable for any loss or inconvenience caused by its unavailability at any time.

    2. Our app is available to download from the Apple App Store or Google Play Store. By downloading our app agree to be bound by the terms and conditions of the Apple App Store or Google Play store, as applicable.

    3. Updates to our app will be issued through either the Apple App Store or Google Play store. Depending on the update, you may not be able to use the app until you have downloaded the latest version of the app and accepted any new terms and conditions.

    4. You accept all responsibility for the safety and security of any devices on which you download and use the app.

    5. We reserve the right to suspend, withdraw, discontinue, or change the platform or any functionality or element of it at any time and without prior notice to you.

    6. You acknowledge that our platform has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of our platform meet your requirements.

    7. We only supply our platform for your use in connection with the provision of transport services to passengers who make bookings through our platform, and you agree not to use our for any other purpose, including re-sale purposes.

    8. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with our agreement with you for:

      1. loss of profits, sales, business, or revenue;

      2. business interruption;

      3. loss of anticipated savings;

      4. wasted expenditure;

      5. loss or corruption of data or information;

      6. loss of business opportunity, goodwill or reputation;

where any of the losses set out in condition 13.8.1 to condition 13.8.6 are direct or indirect; or

      1. any special, indirect or consequential loss, damage, charges or expenses.

    1. Other than the losses set out in section 13.8 (for which we are not liable), our maximum aggregate liability under or in connection with our agreement with you in any period of twelve months, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the total value of the Charges paid or payable by you to us in the same period of twelve months. This maximum cap does not apply to section 13.10.

    2. Nothing in these terms shall limit or exclude our liability for:

      1. death or personal injury resulting from our negligence;

      2. fraud or fraudulent misrepresentation;

      3. any other liability that cannot be excluded or limited by English law.

    3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control.

    4. These terms set out the full extent of our obligations and liabilities in respect of our platform and the services we provide. Except as expressly stated in these terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of our platform or the services we provide which might otherwise be implied into, or incorporated in, tour agreement with you whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

  1. Your personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. Our Privacy Policy is available on our website.

  1. Complaints

If you are unhappy with us or the services we have provided to you, please contact us using the contact details set out at section 1.3.

  1. General

    1. Events outside our control. We will not be in breach of these terms or otherwise liable to you for any failure or delay in performing our obligations under these terms due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

    2. Waiver. 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 your breaking terms, this 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.

    3. Severance. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

    4. Notices. If we are providing notice to you, we shall send such notice to the email address you provide to us. You can provide notice in connection with the Contract to us using the contact details set out at section 1.3. A notice shall be deemed to have been received the next working day. This section 16.4 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

    5. We may transfer our client agreement with you to someone else: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.

    6. Which country's laws apply to any disputes: These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with English law. You can bring proceedings in the courts of England and Wales.

These terms were most recently updated in April 2024.