Any use by you of the website www.Datacars.com is conditional upon your acceptance of these Terms and Conditions, including our Privacy Policy. Your use of the Site indicates that you accept these Terms and Conditions, regardless of whether you choose to register with us. We reserve the right to amend these Terms and Conditions from time to time without notice and at our discretion. Any such amendments shall come into effect immediately once posted, therefore it is your responsibility to periodically review this page. Your continued use of the Site will be deemed acceptance of any such amended Terms and Conditions.
TERMS AND CONDITIONS,
IF YOU DO NOT ACCEPT THESE TERMS DO NOT USE THIS WEBSITE or APPLICATIONS… THIS NOTICE IS ISSUED BY DATA CARS LIMITED 1. LICENCE You are permitted to print and download extracts from the Site solely for your lawful, personal, non-commercial use on the following basis: no graphics on the Site are used separately from accompanying text; and the Company;s copyright notice and this permission notice appear in all copies. Unless otherwise stated, the copyright and other intellectual property rights in all material and content on the Site (including, without limitation, text, images, web pages, sound, software (including code, interface and website structure), video, photographs and graphical images, and the look and feel, design and compilation thereof) are owned by the Company or its licensors. For the purposes of these Terms and Conditions, any use of extracts from the Site other than in accordance with paragraph 1.1 above for any purpose is prohibited. For the avoidance of doubt, you agree that you are permitted to use this material and/or content only as set out in these Terms and Conditions or as otherwise expressly authorised in writing by the Company or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, make available to any person, or create derivative words of such material or content. If you breach any of these Terms and Conditions, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. The Company is the owner and/or authorised user of all trademarks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms and Conditions, use of the Site does not grant to you any right, title, interest or licence to any such intellectual property accessed on the Site. Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property is prohibited. Subject to paragraph 1.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. Any rights not expressly granted in these Terms and Conditions are reserved.
2. SERVICE ACCESS While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company will not be liable if for any reason the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
3. VISITOR MATERIAL AND CONDUCT
Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Site will be considered non- confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; the Company’s copyright notice and this
permission notices appear in all copies. for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Site (including, without limitation, by hacking it). The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2 or 3.3.
4. LINKS TO AND FROM OTHER WEBSITES Any links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. The Company has not reviewed all these third-party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. If you would like to link to the Site, you may only do so on the basis that you link to (but do not replicate) the home page of the Site, subject also to the following conditions: 1. you do not remove, distort or otherwise alter the size or appearance of the Data Cars logo; 2. you do not create a frame or any other browser or border environment around the Site; 3. you do not in any way imply that the Company is endorsing any products or services other than its own; 4. you do not misrepresent your relationship with the Company nor present any other false information about the Company; 5. you do not otherwise use any Data Cars trademarks displayed on the Site without express written permission from the Company; 6. you do not link from a website that is not owned by you; and 7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. 8. The Company expressly reserves the right to revoke the right granted in paragraph 4.2 for breach of these Terms and Conditions and to take any further action it deems appropriate. 9. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 4.2.
5. REGISTRATION 5.1 Each registration is for a single user (which may be either an individual or company) only. The Company reserves the right to make it impermissible for you to share your user name and password with any other person or with multiple users on a network. 5.2 Responsibility for the security of any passwords issued rests with you.
6. ELECTRONIC COMMUNICATIONS When you visit the Site or send emails to the Company (for example, emails to Customer Service) via the Site, you are communicating with the Company electronically. The Company may communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
7. INDEMNIFICATION In addition to paragraph 4.4, you will indemnify the Company against any loss, damage or cost incurred by the Company arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms and Conditions or any other laws, regulations and rules. You will also indemnify the Company against any claims that information or material which you have submitted to the Company is in violation of any law or in breach of any third-party rights (including, without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with the Company in any such defences.
8. DISCLAIMER 8.1 While the Company endeavours to ensure that the information on the Site is correct, the Company does not warrant the accuracy and completeness of the material on the Site. The Company may make changes to the material on the Site, or to the products, services and prices described in it, at any time without notice. The material on the Site may be out of date and the Company makes no commitment to update such material. 8.2 The material on the Site is provided;as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have an effect in relation to the Site.
9. BOOKINGS Your booking is NOT accepted by Data Cars Limited until you receive a confirmation. All booking requests are provisional until accepted by our licensed operating centre. The Company endeavours to provide a reliable service to all our booking customers. Please be aware that some issues affecting your booking may be beyond our control. If you require a more accurate price this can only be obtained by Data Cars Customer Services on 020 8850 0000. Should you have concerns regarding the details, timing or arrival of your booking, you may contact us on 020 8850 0000 at any time. We will be on hand to advise you and assist you as best we can. For your information Data Cars cannot be held responsible for delays and problems including but not limited to: 9.1. Misunderstandings caused by language or communication problems during telephone bookings between the Booking Clerk and the Customer that may result in (a) late arrival of the vehicle; (b) incorrect vehicle type; or (c) no arrival due to cancellation. 9.2. Booking Centre operational or technical difficulties beyond our control that in rare and exceptional circumstances may result in our subcontracting bookings to a third party LICENSED Private Hire Operator. Data Cars operates as an Agency for Self-Employed Drivers. Data Cars are therefore not legally responsible for the actions and behaviour of individual Drivers. Should however you have any problems or issues with a Driver we have sub-contracted to provide a service to you, please contact our office on 020 8850 4444 Monday to Friday 09:00 AM to 17:00 PM or Email customercare@datacars.com and we will do our best to assist you. Cancellation of bookings due to industrial action outside of our control Data Cars have the right to cancel any booking should its services be affected by industrial action outside of our control, for example. Bus, Train or Tube Strike.
10. BOOKINGS FOR CHILDREN It is a policy of Data Cars not to accept bookings for unaccompanied children under the age of 16 years of age. However, we will always send a driver to collect a stranded child if this is the case.
11. CLAIMS
Any claim is limited to the cost of the fare paid for the journey taken.
12. PERSONAL INFORMATION When you request a booking with Data Cars via your use of the App, the telephone or datacars.com we provide your name and address to the Driver who accepts your booking, so the Driver knows your location. If you have requested a booking on our Website or App, The Driver will only be able to contact you via our call back facility. During that time and only if you have consented we will send you push notifications to your mobile phone to let you know if the Driver is on his way to your location and again when he has arrived at your location. To send you push notifications we will process your telephone number. If you do not want to receive push notifications you can always withdraw your consent by changing your settings via the settings page of your mobile telephone.
13. MARKETING Data Cars may use your contact details to send you general updates regarding Data Cars news, special offers and promotions. You may always opt-out of receiving these updates. Administrating the signing up of Drivers. If you wish to signup to accept Data Cars bookings using the Website we will collect personal information such as your name, email address, phone number and additional information such as nationality and gender. We use the information collected within this area of the Website to register and process your information. Processing Payments When you register as a Data Cars customer, your credit card information is provided to our payment processing provider to process payments for your requested bookings. We use this information to prevent fraud.
14. COMPLAINTS If, for any reason, a customer has a complaint against a driver they should firstly go to the contacts section of the website. Where they will be able to register the complaint. Or write to us at: – Data Cars, 94 Lee High Road, Lewisham, London SE13 5PT and in nearly all cases the complaint can be dealt with to our customers’ complete satisfaction. If, however you feel that Data Cars did not handle your complaint satisfactorily. You can contact: – London Taxi and Private Hire, Palestra, 4th Floor (Green Zone), 197 Blackfriars Road, London SE1 8NJ who is the licensing body. Details of Data Cars and all licensed private hire operators can be found at www.tfl.gov.uk
15. VEHICLE BREAKDOWN Data Cars cannot be held responsible for any loss financially for missed flights, trains due to the Private Hire Vehicle not arriving at the pick up or drop off address at the booked time due to adverse weather traffic conditions or road traffic accidents as well as roadworks or closures or being given incorrect booking information by the customer. Also, car breakdowns due to excessive use of vehicles. If this does occur the customer has the opportunity to wait and another vehicle would be sent out as soon as possible or a full refund could be asked for which would be given to you, if paid in advance.
16. DRIVERS RECEIPTS Data Cars is a booking agency and we act as principle for bookings and the drivers (the principles) for the collection of their fares. Therefore the following terms and conditions apply. If you require a receipt for your journey, we must advise you that drivers are self-employed and not vat registered. Therefore, any receipt issued by the driver for cash or credit card payment will not include vat or have vat added.
Account work carried out on behalf of Data Cars Limited will have VAT added at the applicable rate.
17. LIABILITIES 17.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and any other of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence) contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Site or your downloading of any material from the Site or any websites linked to the Site. 17.2 Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 17.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
18. PRICE TARIFF Data Cars up to date price tariff can be found on this website under PRICE LIST.
19. CREDIT CARD BOOKINGS The credit card booking is taken from the customer by Data Cars Limited on behalf of the driver. Data Cars will dispatch a driver to carry out the booked journey. Data Cars cannot refund any fare if the booking is cancelled under 4 hours prior to the time of the booking journey pick up time as the driver would have been allocated this booking. Data Cars will record the contract order between the customer and Data Cars to establish fault and if required will forward a copy of this recording to the customer or any other relevant party.
20. WITHHELD NUMBERS As from August 1st, 2011, Data Cars will no longer accept calls from withheld telephone numbers. This direct action has been taken to protect staff and drivers. You can release your number by placing the prefix 1470 before calling us. Thank you for your help and understanding in this matter.
21. LOST PROPERTY
Lost property should be reported as soon as possible to 020-8850 0000. Please be reminded that customers are responsible for your own property and your property is not the responsibility of the driver. However, If property is reported to be left in any vehicle we will make all reasonable attempts to contact both the driver and passenger to ensure the property is returned.
22. ENTIRE AGREEMENT These Terms and Conditions, including the Privacy Policy, constitute the entire agreement between you and the Company in relation to its subject matter and supersede all prior promises, representations, agreements, statements and understandings whatsoever. The failure by the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, you and the Company nevertheless agree that the court should endeavour to give effect to the intentions reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
23. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
24. DATA CARS LICENSING TERMS PROVIDED TO TRANSPORT FOR LONDON TO COMPLY WITH PRIVATE HIRE VEHICLES (LONDON) ACT 1998.
Data Cars Limited is a private hire operator licensed by Transport for London and accepts its responsibility, as a principal contracting party, to passengers making a private hire booking for a journey (in accordance with Regulation 9(14) Private Hire Vehicles (London) Act 1998 (Operators Licences) Regulations 2000 as amended.
Data Cars business operating model with passengers has been in place and remains unchanged since the company was formed in 1999.
Data Cars commenced trading on July 1st 1999 and has always accepted bookings ONLY from its passengers and will never accept bookings from drivers.
All bookings are carried out in a London licensed private hire vehicle driven by a London licenced private hire driver.
All bookings will be carried out for a fare which will be agreed in advance.
Data Cars will endeavour to provide an estimate to be as accurate as possible.
Only Data Cars will cancel a booking from a passenger, However, a driver may reject an offer of a booking from Data Cars to carry out a booking from another operator, something that is out of our control.
Data Cars as a London PHV operator is responsible for accepting the private hire booking as well as the provision of the journey.
Data Cars is liable in relation to the transportation services provided as a licenced London Private Hire Operator.
To make a complaint simply call the booking line on 020-8850 0000.
Bookings can only be cancelled by a passenger via the app or by calling 020-8850 0000
Any claim is limited to the cost of the fare paid for the journey taken.
Lost property should be reported as soon as possible to 020-8850 0000.
The contracted driver receives 100% of the fare paid by the customer.
