TERMS AND CONDITIONS FOR “TACSI” DRIVERS

What we are

TACSI app is a platform for users to connect with licensed local taxi operators and get taxi bookings for licensed taxi operators through a subscription.

Eligibility  

You must meet the criteria below to be able to use TACSI services.

1. Legal resident and permitted to work and earn, which has no restrictions on how you can generate revenue through our services in the area you operate.
2. Legally old enough to drive a public hire (hackney) in the area you operate,
3. Have a driving license without any restrictions for the vehicle you will use when accepting bookings through our app.
4. Carry valid public hire operating license (sometimes uses the term hackney carrier)for the vehicle you will use when accepting bookings through our app.
5. Have a public hire taxi driver license (sometimes uses the term hackney driver license).
6. valid insurance for the vehicle according to the rules and regulations area where you operate

These General Terms:

set forth the main terms and conditions applying to and governing TACSI Services’ usage. To subscribe to use TACSI services, you must agree to the terms and conditions set forth below.

USERS CONSENT

By clicking “Sign Up”, you agree to [TACSI LIMITED] Terms of Use and Privacy Policy. You consent to receive phone calls, notifications and SMS messages from [TACSI LIMITED] to provide updates on your order and/or for marketing purposes. Message frequency depends on your activity.

You may opt-out by texting “STOP” to 86753. Message and data rates may apply.

1. DEFINITIONS

1.1. TACSI (also referred to as “we,” “our,” or “us”) – TACSI Limited, a private limited company, incorporated and registered under the laws of the United Kingdom with registration code SC681138.We act as an intermediary between the Driver who provides the transportation services AND THE PASSENGERS

1.2. TACSI Services – services that TACSI provides, including provision and maintenance of the TACSI App, TACSI Platform, In-app Payment, customer support, communication between the Driver and the Passenger, and other similar services.

1.3. TACSI App – a Smartphone application for Drivers and Passengers to book and accept Transportation Services

1.4. TACSI Platform – technology connecting Passengers with Drivers to help them move around cities more efficiently.

 1.5. Passenger – a person is requesting Transportation Services from drivers by using the TACSI Platform.

1.6. Driver (also referred to as “you, “subscriber /taxi operator, also known as hackney operators)- The independent driver/person provides Transportation Services via the TACSI Platform. Each Driver will get a personal TACSI Driver Account to use the TACSI App and TACSI Platform.

1.7. Agreement – this agreement between Driver and TACSI regarding the use of TACSI Services, which consists of:

1.7.1. these Terms and conditions;

 1.7.2. the Drivers guidelines; and

 1.7.3. other terms referred to in this agreement may be amended from time to time.

1.8. Subscription– the Driver will subscribe to a package from us which will guarantee a certain number of rides based on the package

1.9. Fare – the Driver will keep all proceeds from any rides they complete less any processing charges that may arise.

1.10. TACSI Driver Account – access to an App. It contains information and documents regarding usage of the TACSI Services in the provision of Transportation Services, including accounting documentation.

1.11. Tip-a gratuity offered by the Passenger at their sole discretion in addition to the fare paid.

1.12. Transportation Services – transport service a Driver provides to Passenger whose request Driver has accepted through the TACSI App.

1.13 Run Credits – This refers to the Driver’s amount in their Driver’s account to spend on accepting rides and will be purchased via subscriptions with debit/credit cards

2. ENTRY INTO THE AGREEMENT

2.1. Before using the TACSI Services, you must sign up by providing the requested information in the signup application on theTACSI driver mobile app. and uploading necessary documentation(via an email) as required by us. You must sign up as legal. Upon completing the signup application, we will provide you with a personal account accessible via a username and password. By clicking the “Sign up” button located at the end of the signup application, you represent and warrant that:

2.1.1. pursuant to valid legal acts, you are entitled to agree with us to use the TACSI Platform for providing the Transportation Service;

2.1.2. you have carefully studied, fully understand, and agreed to be bound by General Terms, including all obligations that arise as provided herein and from the agreement;

2.1.3. all the information you have presented to us is accurate, correct, and complete;

2.1.4. you will keep your Tacsi Driver Account accurate and profile information always updated;

2.1.5. you will not authorise other persons to use your TACSI Driver Account nor transfer or assign it to any other person;

2.1.6. you will not use the TACSI Services for unauthorised or unlawful purposes and impair the proper operation of the TACSI Services;

 2.1.7. at all times, you fully comply with all laws and regulations applicable in the state you are providing Transportation Services in, including (but not limited to) laws regulating passenger transportation services.

2.2. after submitting the signup application, you will receive an email with additional conditions that must be met to use TACSI Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, owning a GPS-supporting mobile device, and other conditions described in the pertinent email. The failure to comply with the provided requirements and conditions may result in termination of the agreement and right to use the TACSI Services.

3. RIGHT TO USE TACSI APP AND TACSI DRIVER ACCOUNT

3.1.Permission to use the TACSI App and the TACSI Driver Account: Subject to your compliance with the agreement, we, as a result of this grant you have Permission to use the TACSI App and the TACSI Driver Account. The license does not grant you the right to sublicense or transfer any rights to a third person. Regardless of the above and if so, agreed separately,

3.2. in the course of using the TACSI App and/or TACSI Driver Account, you may not:

3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the TACSI App, the TACSI Driver Account, or other software of TACSI;

 3.2.2. modify the TACSI App or the TACSI Driver Account in any manner or form or to use modified versions of the TACSI App or TACSI Driver Account;

3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on TACSI Platform;

3.2.4. attempt to gain unauthorised access to the TACSI App, TACSI Driver Account, or any other TACSI Services.

3.3. The Permission granted herein revokes automatically and simultaneously with the termination of the agreement. After the agreement’s ending, you must immediately stop using the TACSI App and the TACSI Driver Account. We are entitled to block/disable and delete the Driver account without prior notice.

 3.4. All copyrights and trademarks, including source code, databases, logos, and visual designs, are owned by TACSI and protected by copyright, trademark, and/or trade secret laws and international treaty provisions. Using the TACSI Platform or any other TACSI Services, you do not acquire any intellectual property ownership rights.

3.5.     Subscribers are not allowed to accept any bookings through our app if:                                                                

3.5.1   any of their details changes, such as but not limited to disqualified or restricted     from driving, disqualified or restricted from driving a taxi (public hire/ hackney);                

3.5.2   disqualified or banned to operate as a public hire licensee;                                                               

3.5.3   there are any changes in residential status which might disqualify the way of working to earn;                           

3.5.4   get any restrictions/prohibitions which don’t allow you to serve (work) with any category of society including, minors, women, disabled or vulnerable.

3.6. Subscribers are not allowed to use any other vehicles other than the vehicle registered in our system for carrying users/customers if that booking has been generated through our app.

3.6.1.It is the subscribers’ duty to inform us when they intend to use a vehicle other than the registered vehicle on their account. Before a non-registered vehicle is used to provide transportation services, you will require approval from TACSI after the provision of all relevant documentation.

3.7. Use of the TACSI services for anything illegal will result in the immediate revocation of your right to use TACSI services. Also, law enforcement authorities will be informed of any such activities from your side and receive full cooperation from us.

4. PROVIDING TRANSPORTATION SERVICES

 4.1. The Driver’s /Subscribed operator’s obligations. It is your responsibility to know and understand the rules and regulations of the local authority. Suppose any of our terms and conditions contradict with laws and regulations of the local authority. In that case, we will nullify that part/clause/part of the clause, and the rules and regulations of the local authority will be valid.  You now guarantee to provide Transportation Services according to the General Terms, Agreement, and laws and regulations applicable in the state/local authority where you are providing Transportation Services. Please note that you are fully and solely liable for any violation of any local laws and regulations as may arise from providing Transportation Services.

4.2. You must have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications, and other documentation required in the relevant jurisdiction for providing the Transportation Services. You must maintain the validity of all documentation, as mentioned above. TACSI reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations, and certifications. We will disable the subscriber’s account whenever any of their documents required for the legal provision of the service expires, such as driving license, operating license, insurance, taxi badge, etc. Subscribers must send us the latest valid documents if their documents have expired, which they submitted for approval of using our app.

4.3. You must professionally provide the Transportation Services following the business ethics applicable to providing such services and endeavour to perform the Passenger’s request in the Passenger’s best interest. Among else, you:

4.3.1 Must take the route least costly for the Passenger unless the Passenger explicitly requests otherwise.

4.3.2  May not make any unauthorised stops.

4.3.3  May not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger except the Passenger.

4.3.4  Must adhere to any applicable traffic acts and regulations, i.e., must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving. 

4.4. You retain the sole right to determine when you are providing the Transportation Services. You shall accept, decline, or ignore Transportation Services requests made by Passengers at your choosing.

4.5. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means necessary to perform the Transportation Services at your own expense, including a car, smartphone, data, etc. You are also responsible for paying all costs you incur in performing the Transportation Services, including, but not limited to, fuel, mobile data plan costs, duty fees, amortisation of the vehicle, insurance, relevant taxation, etc. Please bear in mind that using the TACSIApp may bring about the consummation of a large amount of data on your mobile data plan. Thus, we suggest you subscribe to a data plan with unlimited or very high data usage capacity.

 4.6. Fares. You are entitled to charge a fare for each instance you have accepted a Passenger on the TACSI Platform and completed the Transportation Service as requested (i.e., Fare). The Fare is calculated based on the local council tariff.

4.7. Receiving Tips. At the sole discretion of the Passenger to the Driver. TACSI will not manage or monitor the tips.

4.8. Credits. After each successful acceptance for the provision of Transportation Services, the Driver’s run credits will be deducted.

4.9. Cancellation fee & wait time fee. A passenger may cancel a request for Transportation Services that a Driver has accepted via the TACSI App. When this occurs, the Driver will notify TACSI, who may reimburse the credit depending on situations or circumstances.

4.10. If, in the course of the provision of the Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), Local Council Rules shall apply. We advise that there is a sticker in your vehicle explaining the rules.

4.11. Your tax obligations. You hereby acknowledge that:                                                                                

4.11.1  you are obliged to fully comply with all tax obligations that arise to you from the applicable laws about providing the Transportation Services, including

4.11.2  paying income tax, social security tax, or any other tax applicable; and

4.11.3  fulfilling all tax registration obligations for calculations regarding accounting and transfers to relevant State authorities as required by the applicable law for self-employed individuals.

4.11.4 If the Tax authority submits a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent outlined in valid legal acts. Additionally, you must adhere to all applicable tax regulations that may apply to Transportation Services provision. You hereby agree: to compensate TACSI for all state fees, claims, payments, fines, or other tax obligations that TACSI will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).

5. TACSI SUBSCRIPTION

To use the TACSI Services, you must either subscribe to one of the package offerings that we will update from time to time. Please acknowledge that the TACSI packages may change from time to time.

5.1 TACSI will not guarantee and monitor subscribers’ revenue, as it is the subscribers’ sole responsibility.

6. MARKET OVERVIEWS AND CAMPAIGNS

6.1. Market overviews. We may send you, via the TACSI App, TACSI Driver Account, SMS, email, or other means, market overviews to increase your awareness regarding when the Passengers’ demand is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we cannot guarantee that the actual market situation will correspond to the market overview estimates.

7. RELATIONSHIP BETWEEN YOU, US, AND THE PASSENGERS

7.1. You hereby acknowledge and agree that we provide an information society service and do not provide Transportation Services. By delivering the TACSI Platform and TACSI Services, we act as a marketplace connecting Passengers with Drivers to help them move around cities more efficiently. You acknowledge that you are providing the Transportation Services based on a contract for passengers’ carriage and that you provide the Transportation Services independently as an economical and professional activity.

TACSI does not receive any money from passengers, and customers pay their fares to the drivers after/before the journey.

7.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also believe that no joint venture or partnership exists between you and us. You may not act as an employee, agent, or representative of us nor bind any contract on behalf of us. Suppose due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us. In that case, you hereby agree to waive any claims against us that may arise due to such an implied employment relationship.

7.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.

8. PROCESSING OF PERSONAL DATA, ACCESS TO DATA

8.1. we will process your data under the Privacy Notice, available in the TACSI App

8.2. TACSI has access to all personal data and other data provided or generated connected with your use of the TACSI Services. TACSI shall take all reasonable steps to ensure the confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and regulations, TACSI maintains access to such data after the agreement between you and TACSI is terminated.

8.3. You have access to personal and other data provided by you or generated in connection with your use of the TACSI Services to the extent that it is made available to you under your TACSI Driver Account through the TACSI App. You shall take all reasonable steps to ensure the confidentiality of such data and comply with applicable Privacy Policies and laws as long as and to the extent that such data contains personal data of Passengers.

8.4. Please note that we will verify all the personal data you provide with the local council. By using our services, you confirm you are happy for us to do so.

9. LIABILITY

9.1. The TACSI Platform is provided on an “as is” and “as available” basis. We do not represent, warrant, or guarantee that access to the TACSI Platform will be uninterrupted or error-free. As the usage of the TACSI Platform for requesting transportation services depends on the behaviour of Passengers, we do not guarantee that your use of the TACSI Platform will result in any Transportation Service requests.

9.2. To the maximum extent permitted under the applicable law, we, nor TACSI’s representatives, directors, and employees are not liable for any loss or damage that you may incur as a result of using the TACSI Services, including but not limited to:

9.2.1. any direct or indirect property damage or monetary loss;

9.2.2. loss of profit or anticipated savings;

9.2.3. loss of business, contracts, contacts, goodwill, reputation, and any loss that may arise from interruption of the company;

9.2.4. loss or inaccuracy of data; and

9.2.5. any other type of loss or damage.

9.3.  The financial liability of us in connection with violating the General Terms or Agreement will be limited to 50 Pounds. You shall have the right to claim damages only if we have deliberately violated the General Terms of Agreement. 

9.4. We shall not be liable for the actions or non-actions of the Passenger or co-passengers. We shall not be responsible for any loss or damage that may incur to you or your vehicle due to actions or non-actions of the Passenger or co-passengers.

9.5. You shall be fully liable for breach of the General Terms, Agreement, or any other applicable laws or regulations. You must stop and remedy such breach immediately after receiving a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fines that we may occur in connection with your breach of the General Terms, Agreement, and laws and regulations. Suppose Passenger presents any claims against us in connection with your provision of Transportation Services. In that case, you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, you shall compensate us any legal costs related to the evaluation of the damages and submission of claims relating to compensation for such damage.

9.6. We are not responsible for non-payment of fares, any damages to the vehicle or your property, or any soiling charges. We are a platform to connect passengers to local taxi operators. It involves risks as any circumstances face day by day on the road as a public hire driver.

9.7. Accidents: TACSI Limited accepts no responsibility for any additional costs you may incur under such circumstances, such as loss of earnings or unforeseen expenditure.

9.8. TACSI Limited will not accept responsibility or liability for actions or events outside of its control that result in the customer reaching their destination late.

9.9. Note: all our services are subject to availability. There may be times when our ability to connect you with customers may take longer than usual due to demand or unforeseen circumstances beyond our control.

9.10. You are solely responsible for any:

9.10.1  claims, judgments, and liabilities resulting from any accident, loss, or damage including, but not limited to, personal injuries, death, total loss, and property damage which are due to or is alleged to be a result of the transportation/delivery service unlawfully provided by you (e.g., driving against traffic, over speeding, etc.);                                        

9.10.2  Drivers may ask some of the fare in advance (only if it is allowed by the local authority) if he/she feels to do so and reserve the right to cancel the booking if he/ she feels unsafe.

10. TERM, SUSPENSION, AND TERMINATION

10.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you. You commence or continue providing Transportation Services on the TACSI Platform.

10.2. You may terminate the agreement at any time by notifying TACSI at least 7 (seven) days in advance, after which your right to use the TACSI Platform and TACSI Services shall terminate. TACSI may terminate the agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.

 10.3. TACSI is entitled to terminate the agreement immediately and block your access to the TACSI Platform without giving any advance notice if:

10.3.1  you breach the General Terms or Agreement, any applicable laws or regulations, disparage TACSI or cause harm to TACSI’s brand, reputation, or business as determined by TACSI at our sole discretion.

10.3.2  In the cases mentioned above, we may, at our discretion, prohibit you from registering a new Driver’s account.

10.4. We may also immediately suspend (block) your access to the TACSI Platform and the TACSI Driver Account for the period of the investigation if we suspect an infringement of the agreement or fraudulent activity on your behalf. We will remove the block of access once the investigation disproves such suspicions.

10.5. We are aiming to provide the highest quality service to all Passengers. Therefore, we are monitoring the activity of Drivers on the TACSI Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to terminate the agreement without giving any advance notice immediately.

11. AMENDMENTS

11.1. TACSI reserves the right to amend these General Terms anytime by uploading the revised version on its website (www.thetacsi.com) and notifying you (e.g., via email, TACSI App, or TACSI Driver Account) whenever, in the reasonable opinion of TACSI, such amendments are material.

11.2. If you do not agree to the amendments of the General Terms or other conditions of the agreement, you have the right to terminate the contract by discontinuing the TACSI Services’ use and providing a termination notice to TACSI. The agreement’s termination takes effect on the proposed amendment’s effective date unless otherwise provided in your termination notice. Your use of the TACSI Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.

12. APPLICABLE LAW AND COURT JURISDICTION

 The General Terms and Agreement shall be governed by and construed and enforced following Scotland’s laws and courts.

13. NOTICES

13.1. You are obliged to notify us of any changes to your contact information immediately.

13.2. you shall sufficiently give any notice required to be provided under the General Terms and Agreement if:

13.2.1. delivered personally,

13.2.2. sent by courier with proof of delivery,

13.2.3. sent by registered mail,

13.2.4. sent by email or

13.2.5. made available via the TACSI App or TACSI Driver Account.

13.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:

13.3.1. if delivered personally, at the time of delivery to the party;

13.3.2. if delivered by courier, on the date stated by the courier as the date you gave the envelope containing the notice to the party;

13.3.3. if it is sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;

13.3.4. if made available via the TACSI App or TACSI Driver Account, or

13.3.5. if it is sent by email, on the day the party receiving the email confirms receiving the respective email or on the 2nd day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice.

14. FINAL PROVISIONS

Suppose any provision of the General Terms is held to be unenforceable. In that case, the parties shall substitute for the affected provision an enforceable provision that approximates the affected provision’s intent and economic effect.

 Date of entry into force of the General Terms: 31.01.2021.