smartzi-facebook

Terms Conditions

file_1662378779673


DRIVERS TERMS AND CONDITIONS


PART 1 – INTRODUCTION


INFORMATION ABOUT US AND HOW TO CONTACT US


Who we are. Smartzi Limited is a private company registered in England and Wales with company number 09261921 and whose registered office is at 14 Elm Road, Chessington, KT9 1AW (“Smartzi”).


Why you should read these Terms and Conditions. Please read these terms and conditions (the “Terms and Conditions”) carefully before you use the apply for a Smartzi Account and use our Services. These Terms and Conditions tell you how Smartzi will provide such services, how Smartzi may change or end the contract, what to do if there is a problem and other important information. In addition, these Terms and Conditions include certain limitations and exclusions of liability in favour of Smartzi.


How to contact Smartzi You can contact Smartzi by emailing the customer service team at info@smartzi.com . This email address can be used for all general enquiries, including (for example) any payment enquiries, feedback or complaints.


How Smartzi may contact you. If Smartzi has to contact you it will do so by the email and/ or telephone number you have provided to Smartzi when registering to use the Platform Services.


These Terms and Conditions are split into four Parts.


Part 1 is an Introduction Section.


Part 2 sets out details of the relationship between you as a Driver and Smartzi.


Part 3 sets out additional services provided to you by Smartzi


Part 4 sets out other important Terms and Conditions that apply to your use of the Smartzi Driver Platform.


In these Terms and Conditions the following definitions apply:


“Account” has the meaning given to that term in [Clause 2.1 of Part 3] of these Terms and Conditions.


“Booking” has the meaning given to that term in Clause 1.1 of Part 2 of these Terms and Conditions.


“Credit Card Charges” has the meaning given to that term in [clause 5.7 of Part 2] of these Terms and Conditions.


“Driver” means a driver licensed to carry out private hire bookings in accordance with the Private Hire Vehicles (London) Act 1998 or the Local Government (Miscellaneous Provisions) 1976 Act (Part II), as the case may be, who holds a valid and operational Smartzi Account.


“Identification Information” has the meaning given to that term in [clause 3.2(b) of Part 2] of these Terms and Conditions.


“Licence” means the licence granted by Smartzi to access and use the Smartzi Driver Platform as set out in clause 6.2 of Part 3 of these Terms and Conditions.


“Licensing Authority” means any relevant Local Government Authorities from which Smartzi holds an operator’s licence.


“Receipts” has the meaning given to that term in clause 5.17 of Part 2 of these Terms and Conditions.


“Smartzi Client Platform” means the mobile phone application and part of the website www.smartzi.com through which a User may make a Booking to Smartzi.


“Smartzi Driver Platform” has the meaning given to that term in Clause 6.1 of Part 3 of these Terms and Conditions.


“User” has the meaning given to that term in [clause 2.3 of Part 1] of these Terms and Conditions. [Need to clarify direct user/B2B customer/B2B passenger?]


“Vehicle” has the meaning given to that term in [Clause 3.2(c) of Part 2] of these Terms and Conditions.


PART 2 – RELATIONSHIP BETWEEN YOU AND SMARTZI

  1. ROLES AND LEGAL RELATIONSHIP

    1. Smartzi accepts journey booking requests from and provides private hire transportation services to third parties, including businesses, users of other booking platforms and individual passengers. Smartzi is licenced under its relevant Operator Licences to accept such Bookings.


    2. You act as our contractor to fulfil Bookings as a Driver on our behalf at your absolute discretion. Nothing in this agreement shall render you an employee, worker or partner of Smartzi and you shall not hold yourself out as such.


    3. Smartzi does not, and shall not be deemed to, direct or control you as Driver. In particular, the parties hereby confirm and acknowledge that

      1. You as Driver shall determine when and if you wish to use the Services, including when and if you wish to elect to fulfil a Booking offered to you through the Smartzi Driver Platform;

      2. You are free to reject (through inaction) any offers to fulfil a Booking through the Smartzi Driver Platform. Smartzi does not control whether or not you as Driver wish elect to fulfil a given Booking; and

      3. You as Driver are free to enter into agreements for the provision of services and other business relationships including to provide passenger transport services independently from Smartzi. Smartzi recognises that Drivers may use other software services, and any other lawful means, to provide services of

        any sort, including those relating to transportation, other than at all relevant times.


    4. If you elect to make use of the Smartzi Platform Services and to accept a Booking then each such Booking is to be fulfilled in accordance with these Terms and Conditions in return for the Fee which will be paid in accordance with these Terms. In certain circumstances, you may terminate the contract in respect of a Booking by cancelling in accordance with our usual cancellation process.


    5. You are responsible for providing all equipment necessary to fulfil the Journeys accepted by you. This includes relevant Licences, the Vehicle, fuel, electricity charging costs, tolls, appropriate insurance cover, internet enabled mobile device and any depreciation of the vehicle.


    6. Your engagement by Smartzi will be as a self-employed and independent contractor. You are fully responsible for and shall indemnify Smartzi 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 any relevant Booking, where the recovery is not prohibited by law. You shall further indemnify Smartzi against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Smartzi in connection with or in consequence of any such liability, deduction, contribution, assessment or claim; and

      2. Any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you against Smartzi arising out of or in connection with the provision of the Smartzi Platform Services.


    7. Smartzi may at its option satisfy the indemnity set out in clause 1.6 (in whole or in part) by way of deduction from any payments otherwise due to you.


    8. You hereby agree and undertake that you will not hold yourself out as being connected with Smartzi otherwise than providing transportation services in respect of a Booking which you have elected to accept and fulfil in accordance with these Terms.


  2. REGISTRATION FOR A SMARTZI ACCOUNT

    1. To access the Services, you must successfully register and maintain a Smartzi Account. In order to register for and maintain an Account:

      1. you must be at least 21 years old (or the requisite age of majority in the jurisdiction in which you are based, if older);

      2. you must hold a full DVLA, Northern Ireland, driving licence that is at least three years old;

      3. you must have the right to live and work in the UK;

      4. you must hold a private hire driver licence; and

      5. you must own a vehicle with an appropriate private hire vehicle licence.


    2. Registration for an Account may be carried out using the Smartzi Driver Platform and requires you to provide the following (together, the “Identification Information”):

      1. Accurate and up to date personal information, including but not limited to your name, date of birth, address, telephone number and email address;

      2. A pdf copy of:

        1. your passport;

        2. a bank statement dated within the past three months identifying both your primary residential address and the account details to which any payments will be made by you;

        3. your private hire driver licence issued by Transport for London (“TFL”) or other relevant Licensing Authority;

        4. a full DVLA, Northern Ireland, or other EEA stated driving licence that is at least three years old;

        5. appropriate documentation confirming your right to live and work in the UK; and

        6. such other identification information that Smartzi may require from time to time

      3. accurate and up to date information regarding the vehicle to be used by you in respect of any Booking (a “Vehicle”) including any applicable private hire vehicle licence and documentation to Smartzi’s reasonable satisfaction confirming that the Vehicle is properly and adequately insured; and

      4. such other information that Smartzi may require from time to time.


    3. Following creation of your Smartzi Account, and before you are able to make use of any of the Services, you must either attend Smartzi’s offices or book an appointment with a Smartzi field agent so that you can submit your original Identification Information for Smartzi’s approval. You hereby undertake and confirm to Smartzi that your Identification Information is correct and up to date, and that you will from time to time when requested by Smartzi provide up to date versions of the documents set out in paragraph [3.2] above.


    4. By completing the registration process for an Account as set out above you will be agreeing to these Terms and Conditions. Your thereby agree to continue to remain bound by these Terms (as amended from time to time) for as long as you use the Smartzi Driver Platform and in respect of any Booking which you elect to accept through the Smartzi Driver Platform.


  3. MAINTAINING YOUR SMARTZI ACCOUNT

    1. By continuing to access the Smartzi Driver Services, you agree that:

      1. You will keep all information provided to Smartzi up to date including, but not limited to, your Identification Information, the details of the private hire driver licence issued to you by the relevant licensing authority and your contact email address and telephone number (and you hereby indemnify Smartzi in respect of any loss or damage suffered by Smartzi as a result of your failure to do so);

      2. You will keep all username and password information in relation to your Account confidential;

      3. You will not permit any other person to access your Account or to provide any private hire booking using your Account, and you are responsible for any unauthorised use of your Account by third parties (and you hereby indemnify Smartzi in respect of any loss or damage suffered by Smartzi as a result of such unauthorised use);

      4. You are not permitted to assign or otherwise transfer your Account to any party;

      5. You are permitted to have only one Account; and

      6. You will comply with all applicable laws and regulations when using the Smartzi Driver Platform, and will not cause any nuisance, damage, disruption or other loss or damage to any party or road user (including, but not limited to, any User to whom you are providing transportation services as an independent contractor).


    2. Unauthorised Account Access. Smartzi has the right to disable any user identification code or password, whether chosen by you or allocated by Smartzi, at any time, if in Smartzi’s reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Smartzi using the email address set out in Part 1 above.


  4. CARRYING OUT A JOURNEY WITH SMARTZI

    1. Provided you are registered and your Account is maintained in good order, Smartzi may send, through the Smartzi Driver Platform, a Booking request to you on a non-exclusive basis which you may elect to accept. You may use full discretion in opting to accept or not accept any such Booking request.


    2. When such a request has been accepted by you through the Smartzi Platform:

      1. Smartzi shall provide such of your personal information to the relevant User that Smartzi (acting reasonably) considers is necessary in connection with the

        Booking, including (but not limited to) your first name, your geographical location, your photograph, your contact information and the make, model, registration number and colour of your Vehicle;

      2. You are required to proceed to the pick up point for the relevant Booking immediately or at the appointed pick-up time for scheduled bookings and take the User to the relevant requested drop off point without any interruptions or intermediate stops (unless specifically authorised by the relevant User); and

      3. You may not, unless specifically authorised by the relevant User, permit any other person to enter or remain in the Vehicle whilst the private hire booking is being carried out.


        If you elect to accept a Booking, you are obliged to complete the journey in accordance with clause 4.2 above. However, Smartzi recognises that, in exceptional circumstances, Drivers may need to cancel a Booking. If a Booking has been made, you may indicate to Smartzi that you wish to cancel such Booking using the Smartzi Driver Platform at any time prior to the scheduled pick up time for that Booking . Because cancellation of Bookings in this way is harmful to relationships between Drivers and Users wishing to enter into Bookings through the Smartzi Client and Driver Platforms, you hereby acknowledge and agree that in the event of repeated cancellation of Bookings by you Smartzi may, where it considers it reasonable to do so, terminate any services provided by Smartzi to you.


    3. By continuing to use the Smartzi Driver Platform and, in particular, through the act of accepting a Booking on the Smartzi Platform you confirm and warrant to Smartzi:

      1. that, whilst you are using the Smartzi Driver Platform (and in respect of each Booking accepted by you in connection therewith) you will at all times ensure that your Vehicle is in a road worthy and safe condition and that you will comply with all legal and statutory requirements applicable in respect of your Vehicle (including, but not limited to, the requirements to obtain any MOT test certificates or any necessary private hire vehicle licence);

      2. that, whilst you are using the Smartzi Platform (and in respect of each Booking accepted by you in connection therewith):

        1. You will at all times maintain a valid insurance policy (covering industry-standard levels of cover) which complies with all legal requirements (including, but not limited to, the Road Traffic Act 1998); and

        2. You will notify Smartzi of any event giving rise to an insurance claim within 15 days of such event having taken place. You hereby agree that Smartzi may, without your consent, provide details of your insurance policy and your contact information to any User where Smartzi considers (acting reasonably) that the provision of such information is necessary in relation to any accident or other incident taking place as part of a Booking.

      3. That, in respect of each Booking accepted by you through the Smartzi Driver Platform, you will at all times:

        1. Carry out all services to a high standard of skill and care and in a professional and courteous manner;

        2. Maintain such training and other qualifications as may be necessary in order to carry out any services to a high standard of skill and care; and

        3. Comply with all Licences and other legal requirements to which you are subject when carrying out a private hire booking (and in particular, in relation to any legal requirements that may apply in respect of the use of mobile phones whilst driving and the terms of any licence granted to you by your relevant Licensing Authority).


    4. Background checks. You hereby agree and acknowledge that, in order to use the Smartzi Driver Platform, you may be subject to background and driving record checks carried out by or on behalf of Smartzi from time to time.


  5. PAYMENT AND FEES

    1. Booking Requests sent to you through the Smartzi platform will include a price (“the Booking Price”). The Booking Price will be stated inclusive of an amount which is payable to Smartzi as a commission payment. The percentage amount of the commission payment is currently 15%. Any changes to the commission percentage will be communicated to you at least two weeks prior to taking effect.


    2. Smartzi will transfer the aggregate Booking Price of jobs completed by you, less commission, by bank transfer to the bank account provided by you to Smartzi at the time you register your Account. Payments will be made weekly at the end of the week in which the relevant Bookings(s) are completed.


    3. You are at all times responsible for ensuring that Smartzi has accurate banking details and Smartzi shall not be held responsible in any manner for any failed or incomplete transactions owing to inaccurate banking details provided by you.


    4. In any case where the passenger making a Booking has elected to pay by cash to the driver you are expressly appointed as agent of Smartzi for the purposes of payment collection. You must account to Smartzi for the Smartzi Fee and VAT where applicable due for that Booking within two weeks of the Booking taking place by way of bank transfer to such bank account as Smartzi may notify you from time to time. However, to the extent that Smartzi has an obligation to pay you Fees in respect of other Bookings, Smartzi may instead deduct from those monies any Smartzi Fees due in respect of cash bookings.


    5. Gratuities. Smartzi shall not collect any gratuities or tips on behalf of any Driver and the Smartzi Client and Driver Platforms do not permit gratuities or tips to be collected on behalf of Drivers. You hereby confirm and undertake to Smartzi that you will, if asked or prompted by any User, confirm that gratuities are entirely optional and at that User’s discretion and that Smartzi does not collect any gratuities on your behalf.


    6. Fees due to Smartzi. Smartzi’s commission fee is payable for every Booking which you elect to accept through the Smartzi Driver Platform (the “Smartzi Fee”). The amount of such fee will be notified to you by Smartzi by email from time to time (and, for the avoidance of doubt, Smartzi may elect to change the Smartzi Fee at its absolute discretion from time to time). The amount of the Smartzi Fee notified to you from time to time shall be inclusive of any VAT or other sales tax applicable thereon.


    7. Set off of fees collected on your behalf against payments due to Smartzi. You hereby expressly permit Smartzi to deduct any Smartzi Fees due to Smartzi (including, but not limited to, any Smartzi fees due to Smartzi in respect of Bookings where the User has elected to pay for that Booking in cash) from any monies otherwise owed to you in respect of any Bookings accepted by you through the Smartzi Driver Platform.


      PART 3 – ADDITIONAL SMARTZI PLATFORM SERVICES


  6. ACCESS TO SMARTZI SERVICES

    1. Smartzi provides Drivers with access to a mobile phone application and website (such application and website as amended from time to time, the “Smartzi Driver Platform”) through which Drivers may access the Smartzi Services. Access to and use of the Smartzi Driver Platform requires an Account.


    2. Subject to these Terms, Smartzi grants you a limited, non-sub-licensable, non-exclusive, non-transferable, revocable right to:

      1. Download, access and use the Smartzi Driver App on a portable electronic device solely in connection with your use of the Smartzi Services

      2. Access and use any content, information and related materials that may be made available to you by Smartzi.


    3. Smartzi will not be responsible for any data access charges, or SMS charges, payable by you in connection with access to or use of the Smartzi Driver Platform. You may be charged fees for using the Smartzi Driver Platform on your mobile phone and you acknowledge that such fees will be your responsibility. You are also responsible for obtaining and setting up your mobile phone and any other hardware or equipment required to access the Smartzi Driver Platform


    4. You undertake:

      1. Not to copy the Smartzi Driver Platform in any way;

      2. Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Smartzi Driver Platform;

      3. Not to make alterations to, or modifications of, the whole or any part of the Smartzi Driver Platform, nor permit the Smartzi Driver Platform or any part of it to be combined with, or become incorporated in, any other programs; and

      4. Not to disassemble, decompile, reverse-engineer, modify, adapt or create derivative works based on the whole or any part of the Smartzi Driver Platform nor attempt to do any such thing.


    5. You acknowledge that you have no right to have access to the Smartzi Driver Platform in source code form.


    6. Smartzi may terminate this Licence at any time without your consent.


  7. INTELLECTUAL PROPERTY

    1. You acknowledge that all intellectual property rights in the Smartzi Driver Platform (and any part thereof) anywhere in the world belong to Smartzi, that rights in the Smartzi Driver Platform are licensed (not sold) to you, and that you have no rights in, or to, the Smartzi Driver Platform (or any part thereof) other than the right to use it in accordance with the terms of the Licence.


  8. CONTRIBUTIONS TO THE SMARTZI DRIVER PLATFORM

    1. Content Standards. These content standards apply to any and all material which you contribute using the Smartzi Driver Platform (“Contributions”), and to any interactive services associated with the Smartzi Driver Platform. In particular, Drivers may be asked from time to time to provide reviews regarding Users with whom they have made Bookings. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.


    2. Contributions must:

      1. Be accurate (where they state facts).

      2. Be genuinely held (where they state opinions).

      3. Comply with applicable law in the UK and in any country from which they are posted.

      4. Not promote violence;

      5. Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      6. Not infringe any copyright, database right or trade mark of any other person, or infringe any third party’s intellectual property rights;

      7. Not be likely to deceive any person;

      8. Not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

      9. Not promote any illegal activity;

      10. Not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

      11. Not be likely to harass, upset, embarrass, alarm or annoy any other person;

      12. Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

      13. Not give the impression that they emanate from Smartzi, if this is not the case; and

      14. Not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.


    3. You acknowledge that any Contributions made using the Smartzi Driver Platform may be uploaded by Smartzi to the Smartzi Client Platform, and you hereby consent thereto.


    4. Smartzi, acting at in its sole discretion, may determine whether any of the content standards applying to any Contributions have been breached and, if Smartzi does determine that such standards have been breached, Smartzi may immediately and without notice to you remove or amend any such Contributions to remedy such breach. However, Smartzi shall not be obliged to actively review or monitor any Contributions.


    5. User Generated Content not approved by Smartzi. The Smartzi Client and Driver Platforms may include information and materials uploaded by other users of the Smartzi Client and Driver Platforms, including but not limited to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Smartzi. Smartzi does not provide any warranty whatsoever that such information and materials are up to date, accurate, correct or otherwise, nor does Smartzi give any warranty that the intellectual property in any such information and material belongs to the user of the Smartzi Client or Driver Platform that uploaded the relevant information and/ or materials. The views expressed by other users on our site do not represent Smartzi’s views or values. If you wish to complain about information and materials uploaded by other users please contact Smartzi using the email address set out in Part 1 above.


    6. Uploading Content to the Smartzi Driver Platform. Whenever you make use of a feature that allows you to upload content to the Smartzi Driver Platform, or to make contact with other users of the Smartzi Driver Platform, you must comply with the content standards set out above.


    7. You hereby warrant to Smartzi that any Contribution will comply with those standards, and you will be liable to Smartzi and indemnify Smartzi for any breach of this warranty. This means you will be responsible for any loss or damage Smartzi suffers as a result of your breach of warranty.


    8. Any content you upload will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant Smartzi and other users of the Smartzi Client and Driver Platforms a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to Smartzi are set out in clause 8.9 below.


    9. Rights you are giving Smartzi to use your Contributions. When you upload or post Contributions to the Smartzi Driver Platform, you grant Smartzi a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the Contributions in

      connection with the services provided by the Smartzi Client and Driver Platforms and across different media. Smartzi may also wish to use the Contributions to promote the Smartzi Client and Driver Platforms, which shall be permitted. Smartzi also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Smartzi Client or Driver Platforms constitutes a violation of their intellectual property rights, or of their right to privacy. You are solely responsible for securing and backing up any Contributions you may make.


  9. VIRUSES AND OTHER MALICIOUS SOFTWARE

    1. Smartzi does not guarantee that the Smartzi Driver Platform will be secure or free from bugs or viruses. You are responsible for configuring your mobile phone, tablet, computer or other information technology that you use to access the Smartzi Driver Platform. You should use your own virus protection software.


    2. You must not misuse the Smartzi Driver Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Smartzi Driver Platform, the server(s) on which the Smartzi Driver Platform is stored or any server, computer or database connected to the Smartzi Driver Platform. You must not attack the Smartzi Driver Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Smartzi will report any such breach to the relevant law enforcement authorities and Smartzi will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Smartzi Driver Platform will cease immediately.


      PART 4 – OTHER IMPORTANT TERMS


  10. AMENDMENTS TO THESE TERMS AND CONDITIONS AND TERMINATION

    1. Amendments to these Terms and Conditions. Every time you use the Smartzi Services or the Smartzi Driver Platform and in respect of any Booking which you

      elect to accept through the Smartzi Driver Platform, the Terms and Conditions in force at the time of use and/or acceptance will apply to the contract between you and Smartzi. Please see the date of these Terms and Conditions set out at the beginning hereof. Smartzi may revise these Terms and Conditions from time to time. If these terms and conditions are so revised, Smartzi will notify you of the changes using the Smartzi Driver Platform. By continuing to use the Smartzi Driver Platform after such notification, you will be deemed to have accepted such changes and such amended Terms and Conditions will apply to both the Smartzi Services and your use of the Smartzi Driver Platform going forward. If you do not accept such changes, you must immediately stop using the Smartzi Services and the Smartzi Driver Platform.


    2. Termination of the Services. Smartzi expressly reserves the right to terminate your access to the Smartzi Services and your access to the Smartzi Driver Platform without notice if:

      1. You are in breach of any these Terms and Conditions; or

      2. Smartzi otherwise determines, in its absolute discretion, that it is advisable or necessary to do so.


        You may cease to use the Services and the Smartzi Driver Platform at any time and are not obliged to use the Services or the Smartzi Driver Platform.


  11. THIRD PARTY SERVICES

    1. Third party services (“Third Party Services”) may be used by Smartzi in providing the Services, the Smartzi Driver Platform and other services to you. You hereby agree and acknowledge that you have no ownership rights (including, but not limited to, intellectual property rights) over any Third Party Services whatsoever.


  12. PROMOTIONS

    1. From time to time Smartzi may offer you access to promotional offers as part of the Smartzi Services (“Promotions”). Such Promotions are subject to these Terms and Conditions and any additional terms and conditions set out in or attached to the relevant Promotion (“Additional Terms”). In the event of conflict between these Terms and Conditions and the Additional Terms, the Additional Terms shall prevail in relation to the relevant Promotion.


    2. You may not use any Promotion more than once. Promotions cannot be exchanged for cash or used by any person other than the person to whom the Promotion was originally issued by Smartzi. You hereby undertake to Smartzi:


      1. To comply with all terms and conditions (including, but not limited to, any applicable Additional Terms) relating to the Promotions;

      2. Not to sell or otherwise attempt to transfer any Promotion issued to you to any other person; and

      3. To use any Promotion only for its intended purpose.


    3. You acknowledge that any Promotion may have an expiry date following which you will have no right to use such Promotion.


    4. Smartzi may at any time withdraw or cancel any Promotion issued to you without your consent.


  13. HOW SMARTZI MAY USE YOUR PERSONAL INFORMATION

    1. How Smartzi will use your personal information. Smartzi will use the personal information you provide to Smartzi:

      1. To carry out the Smartzi Services;

      2. To assist with resolution of any dispute that may have taken place as part of a private hire booking made between you and/or Smartzi and a User (including, for the avoidance of doubt, the disclosure of your personal information to any insurance loss adjuster or claims handler in the event of a car accident taking place);

      3. As required as part of the Smartzi Services in Smartzi’s capacity as an operator under the Private Hire Vehicles (London) Act 1998 or Local Government (Miscellaneous Provisions) 1976 Act (Part II) as appropriate (and in particular, but not limited to, Smartzi’s requirement to provide information to TFL or other relevant Licensing Authority in relation to any private hire bookings booked using the Smartzi Client and Driver Platforms);

      4. As and when it is legally obliged to do so under any applicable law or regulation; and

      5. If you agreed to this as part of your Account, to give you information about similar products that Smartzi provides, but you may stop receiving this at any time by contacting Smartzi.


    2. In particular, Smartzi will use your geographical location data (“Location Data”) as part of the Services and you hereby confirm and acknowledge that:

      1. Your Location Data will be tracked by Smartzi as part of the Services;

      2. Your Location Data may be made available to users of the Smartzi Client Platform (regardless of whether or not they have at that point entered into a Booking with you); and

      3. Smartzi may monitor your Location Data for security, safety, technical and commercial purposes,


        and by using the Services and the Smartzi Driver Platform you thereby consent to such use of your Location Data.


    3. Please see Smartzi’s Privacy Policy at www.smartzi.com in relation to use of your personal data.


    4. 4.4 Smartzi may pass your personal information to credit reference agencies. Where Smartzi extends credit to you for the products Smartzi may pass your personal information to credit reference agencies and they may keep a record of any search that they do.


    5. Smartzi will only give your personal information to other third parties where the law either requires or allows Smartzi to do so.


  14. CONFIDENTIALITY

    1. Each party undertakes that it shall not at any time during this agreement, and for a period of three years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 14.2.


    2. Each party may disclose the other party’s confidential information:

      1. To its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause;

      2. As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; and

      3. To the extent expressly permitted elsewhere in these Terms and Conditions.


    3. Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.


  15. LIMITATION OF LIABILITY

    1. You are asked to read this clause carefully.


    2. This clause 15 sets out the entire financial liability of Smartzi (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:

      1. Arising under or in connection with these Terms and Conditions;

      2. In respect of any use by you of the Services or the Smartzi Driver Platform or any part of them; and

      3. In respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions.


    3. The Services and the Smartzi Driver Platform are provided to you on an “as is” basis and all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions. In particular, Smartzi does not provide any warranty, representation or guarantee that:

      1. The Smartzi Driver Platform will be provided error free and without interruptions; or

      2. Where applicable, any User engaged through the Smartzi Driver Platform and the Smartzi Client Platform will pay (whether promptly or otherwise) any charges due to you.


    4. Subject to clause 15.6:

      1. Smartzi shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms and Conditions; and

      2. Smartzi’s total aggregate liability for any claim (whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise) arising in connection with the performance or contemplated performance of these Terms and Conditions shall be limited to the greater of:

        1. £1,000; and

        2. the total aggregate amount of Smartzi Fees payable by the Driver to Smartzi in the 12 month period immediately preceding the event giving rise to the relevant claim for liability.

    5. The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.


    6. Nothing in these Terms and Conditions excludes the liability of Smartzi:

      1. For death or personal injury caused by Smartzi’s negligence;

      2. For fraud or fraudulent misrepresentation; or

      3. In respect of any liability where it would be unlawful to limit or exclude such liability.


  16. OTHER IMPORTANT TERMS


    1. Smartzi may transfer its rights and obligations under these Terms and Conditions to another organisation without your consent. Smartzi will always notify you through the Smartzi Driver Platform if this happens.


    2. You need Smartzi’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if Smartzi agrees to this in writing.


    3. Nobody else has any rights under these Terms and Conditions. These Terms and Conditions are between you and Smartzi and no other person shall have any rights to enforce any of their terms. Neither you nor Smartzi will need to get the agreement of any third party in order to end the contract or make any changes to these terms.


    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.


    5. Even if Smartzi delays in enforcing these Terms and Conditions, Smartzi can still enforce the Terms and Conditions later. If Smartzi does not insist immediately that you do anything you are required to do under these Terms and Conditions, or if Smartzi delays in taking steps against you in respect of your breaking these Terms

      and Conditions, that will not mean that you do not have to do those things and it will not prevent Smartzi taking steps against you at a later date.


    6. These Terms and Conditions are governed by English law, and Smartzi and you can bring legal proceedings in respect of the subject matter of these Terms and Conditions in the English courts.


    7. Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.

About Smartzi

Smartzi is a company that mediates between travelers and providers of passenger transport. Smartzi is created to give their drivers a fair chance on creating their own customer network.

Downloads

Now you can download our app on every mobile device:

More Driver Stuff

  Just £1 Per Trip For Your Own Customers
  Lowest Commission Rates
  Build Your Own Customer Base
  Personalised Business Card
  24/7 Telephone Support
  Subscription And Affiliate Options

Contacts

  info@smartzi.com
  +44 3300252525
  Smartzi Limited 14 Elm Road, Chessington KT91AW United Kingdom Company Registration Number 09261921