“TACSI” PASSENGERS TERMS OF USE

 

These terms of use govern the use by passengers (“You, Your,” “Passenger”) of certain TACSI services (“Passenger Terms”).

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. WELCOME TO TACSI

1.1 These Passenger Terms apply between you and:• TACSI Limited trading as “TACSI” (a company registered in the United Kingdom, with company number SC681138) (“TACSI “) concerning the provision of the Service (as defined in clause 2.1 below).

1.2 You must read and understand the Passenger Terms before using the Service (as defined in 2.1 below). By using and accessing the Service, You agree to these Passenger Terms. If you do not agree to these Passenger Terms, please do not use the Service.

2. TACSI SERVICE

2.1 TACSI operates a free platform (the “Service”) that allows you to request and book passenger transportation services (“Journeys”). TACSI application (the “App”) available for download on your mobile device and for licensed public hire vehicle drivers (“Drivers / Operators”) to provide the Journey to You.

2.2 When You submit a booking request for a Journey through the App, TACSI will process Your request and accept Your booking (depending on Your location) to find and allocate You a Driver who is willing and able to fulfil Your Journey request.

2.3 Once an individual Driver confirms that they will accept Your Journey request, you will enter into a separate agreement with the Driver to provide the Journey on such terms and conditions as you agree with the Driver. TACSI does not provide Journeys and is not a party to your agreement with the relevant Driver.

2.4 TACSI will provide the following as part of the Service in connection with the Journey.

    • • (a) Accepting and processing bookings as you make them;
      • (b) Identifying a Driver to complete Your Journey;
      • (c) Keeping records of bookings;
      • (c) Keeping records of bookings;
      • (d) Monitoring trips booked through the App remotely to ensure the safety of Drivers and Passengers and the effective functioning of the App;
      • (e) Processing and managing complaints, questions, and feedback through our customer support team.

2.5 You may cancel your booking request for a Journey any time before you begin Your Journey by informing the Driver through the App. However, if You:

    • • (a) cancel Your booking request more than 5 minutes after Your Journey was successfully allocated by TACSI to a Driver; or
      • (b) If you are late to meet Your Driver at the pick-up location when booking the Journey, you might pay a charge by the rules of the local authority.

3. Accessing the Service

3.1 To access the Service, You must:

    • • (a) download the App on Your mobile device (the App is free from either the Google App Store or the Apple App Store);
      • (b) accept these Passenger Terms and any relevant app store terms;
      • (c) be at least 18 years old;
      • (d) treat Your Driver with respect, courtesy, and decency;
      • (e) register and set up a TACSI account with a user ID and password (Your “Account”).

3.2 You are responsible for maintaining the confidentiality of your login details and any activities that occur under Your Account. If you have any concerns that Your Account may have been misused, you should contact TACSI straight away to let TACSI know.

3.3 Your privacy is vital to TACSI. It would be best if you read the TACSI’s Privacy Policy to understand how TACSI collects, use and share information about you. Using the App and the Service, You acknowledge that we will process your data according to TACSI’s Privacy Policy. Please note that TACSI is committed to proactively and reactively cooperating and assisting law enforcement officials concerning incidence on a Journey or between a Passenger and Driver. At our discretion and following applicable data protection laws and regulations, we may provide information regarding You, Your Account. We can find your trip history to law enforcement officers and agents, further details such disclosures in TACSI’s Privacy Policy.

4. Your Right to Use the Service

4.1 As long as you comply with these Passenger Terms, TACSI agrees to grant you a royalty-free, revocable, non-exclusive right to access and use the Service following these Passenger Terms. TACSI’s Privacy Policy and the applicable app-store terms (incorporated into these Passenger Terms by reference). You may not transfer or sub-license this right to use the Service.

4.2 Unless allowed by these Passenger Terms and as permitted by the functionality of the Service, You agree:

    • • (a) not to copy the App or any portion of the Service;
      • (b) not to give, sell or otherwise make available our App or any portion of the Service to anybody else;
      • (c) not to change the App or any portion of the Service in any way; and
      • (d) not to look for or access the App’s code or any Service portion that TACSI has not expressly published publicly for general use.

4.3 You agree, you have no rights in or to the App or any portion of the Service other than the right to use the following Passenger Terms.

4.4 All intellectual property rights in the Service, its content, and any related documentation existing anywhere in the world belong to TACSI or its licensors. These are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled, or transmitted in any way without TACSI’s prior written consent. You will not have any ownership rights in the Service, its content, or any related documents other than the right to use it following these Passenger Terms.

5. Taking a Journey

5.1 By requesting to book a Journey that TACSI accepts, you agree to enter into a further agreement with Your Driver to take (or to authorise another person to take) and pay for the Journey you have requested.

5.2 You acknowledge that while undertaking the Journey:

    • • (a) Your Driver may take any reasonable route to Your requested destination, and TACSI does not set any route restrictions;
      • (b) You may amend Your route in consultation with Your Driver before the Journey begins;
      • (c) an extraordinary situation (such as mechanical breakdown or civil emergencies) may result in Your Driver being unable to complete Your Journey;
      • (d) You will not consume or carry any illegal substance in the vehicle;
      • (e) You will not consume any alcohol in the vehicle;
      • (f) You will not carry or use weapons in the vehicle; and
      • (g) You will not use, incite or encourage violence, racism, or discrimination in any form.

5.3 You agree that while you are a Passenger of any Journey, You will treat Your Driver with respect, courtesy, and decency. Any failure to abide by these Passenger Terms may entitle TACSI to suspend or terminate your access to the Service or maybe escalated to the relevant authorities.

5.4 You agree that if you or your co-passengers damage the vehicle, including its furnishing (including staining the vehicle or causing the vehicle to smell), the local council sets the acceptable amount. Every council has a different rule.

5.5 Drivers commit to a high standard of Service and professionalism towards Passengers. Please let us know at contact@thetacsi.com or through the App if you have not had a satisfactory Journey.

6. Fares and Payment Services from TACSI Operations

TACSI is not a party to the contract between you and the Driver. We do not handle Fares or offer any paid services. We serve as an intermediary to link you to the Driver.

7. Your content

7.1 You confirm that any text, images, or any other information that you provide to TACSI while using the Service (“User Content”) will meet the Rules of Acceptable Use (as defined in clause 9 below).

7.2 TACSI does not claim ownership in Your User Content, and the right will remain with you (or the relevant third party owner). You grant TACSI a worldwide, non-exclusive, royalty-free. Perpetual permission to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form to provide the Service (including, where applicable, allow other users to view Your User Content).

7.3 You must ensure that you can grant us the above license for any content owned by a third party that you include in Your User Content.

7.4 Our right to use Your User Content does not in any way affect your privacy rights. Please see clause 8 of these Passenger Terms for further information about how we use your data.

7.5 The Services make available third-party content, such as User Content. TACSI is not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where TACSI considers that it breaches any of the Rules of Acceptable Use.

8. Processing of Personal Data

8.1 For details on how TACSI stores, discloses, and processes your data, please refer to TACSI’s Privacy Policy . By using the App and the Service, You acknowledge that we will process your data following TACSI Privacy Policy, available at Privacy Policy

9. Rules of Acceptable Use

9.1 In addition to the other requirements within these Passenger Terms, this section describes specific rules that apply to your use of the Service (the Rules of Acceptable Use).

9.2 When using the Service (including, where relevant, during any Journey), you must not:

    • • (a) circumvent, disable or otherwise interfere with any security-related features of the Service;
      • (b) permit another person to use the Service on Your behalf;
      • (c) use the Service if TACSI has suspended or banned You from using it;
      • (d) advocate, promote, or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
      • (e) modify, interfere, intercept, disrupt or hack the Service;
      • (f) misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm the Service or any user of the Service’s equipment;
      • (g) collect any data from the Service other than following these Passenger Terms;
      • (h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, or offensive;
      • (i) submit or contribute any User Content that You do not own or have the right to use or otherwise infringe the copyright, trademark, or other rights of third parties;
      • (j) use any User Content in violation of any licensing terms specified by the owner;
      • (k) submit or contribute any information or commentary about another person without that person’s permission;
      • (l) threaten, abuse, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person; or
      • (m) use any automated system, including without limitation “robots,” “spiders,” or “offline readers” to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period.

9.3 Failure to comply with Rules of Acceptable Use constitutes a severe breach of these Passenger Terms and may result in TACSI taking all or any of the following actions (with or without notice):

    • • (a) immediate, temporary, or permanent withdrawal of Your right to use the Service;
      • (b) immediate, temporary, or permanent removal of any User Content;
      • (c) issuing of a warning to You;
      • (d) legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
        • • (e) disclosure of such information to law enforcement authorities, including information about Your data, as TACSI reasonably feel is necessary or as is required (and following TACSI’s Privacy Policy available at

      Privacy Policy

9.4 The responses described in paragraph 9.3 are not limited, and TACSI may take any other action TACSI reasonably deems appropriate or as is required. For more information, please review TACSI Privacy Policy available at Privacy Policy

10. Ending our relationship

10.1 If at any time you feel that you can no longer agree to these Passenger Terms or any changes made to the Passenger Terms or the Service, You must immediately uninstall the App and stop using the Service.

10.2 If you would like to delete Your Account, please email TACSI at contact@thetacsi.com or let us know using the Service communication feature. Please note that for us to access your data and delete Your Account, it may be required for you first to verify your identity.

10.3 TACSI may immediately end your use of the Service if you breach these Passenger Terms or TACSI considers it necessary to protect the integrity of TACSI or the safety of TACSI staff.

10.4 TACSI may withdraw the Service as long as TACSI gives you reasonable notice that it plans to do this.

10.5 If the relationship is terminated or TACSI withdraws the Service as described in this section, TACSI may delete Your User Content or any other information it holds about you. You will also lose any rights. You have to use the Service or access any content provided by us under the Service, any content provided by Drivers, or Your User Content. TACSI will not offer You compensation for any resulting losses.

11. Liability

11.1 Nothing set out in these Passenger Terms limits or excludes TACSI’s liability to you concerning:

    • • (a) death or personal injury arising as a result of TACSI’s negligence;
      • (b) fraud on the part of TACSI;
      • (c) any rights You have under consumer law which cannot be excluded or limited under applicable law;
      • (d) Any other liability that cannot be excluded or limited under applicable law.

11.2 All Drivers undergo verification and checks before they can be affiliated with TACSI and provide Journeys to you through the App. However, you acknowledge that riding in vehicles is inherently dangerous. TACSI (and/or any of its affiliates) has no liability or responsibility to you concerning any Journey provided by Drivers.

11.3 The Service, its content and functionality, are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, TACSI makes any promises, whether express or implied, concerning the Service, its content, or functionality.

11.4 TACSI and its affiliate companies make any promise that access to the Service will be uninterrupted or error-free. TACSI makes any representation, warranty, or guarantee regarding the reliability, timeliness, suitability, or quality of the Service.

11.5 To the maximum extent permitted under applicable law, TACSI will be liable to you in any way. Whether for breach of contract, in tort (including negligence) or otherwise, for any damages, loss, costs, or other liability, except to the extent that such damages, losses, or costs are a foreseeable consequence of TACSI’s failing to perform its obligations under the Passenger Terms.

11.6 If TACSI has a liability to you for breach of the contract, in tort (including negligence) or otherwise, in connection with Passenger Terms, or you using the Service (including any Journey contracted for through the App), the maximum liability of TACSI (as applicable) will be £250 in aggregate.

12. Resolving disputes

12.1 Should you have any dispute, conflict, claim, or controversy with TACSI relating to the Service or payment processing. In the first instance, please contact contact@thetacsi.com and attempt to resolve the dispute with TACSI (as applicable) informally.

12.2 In the unlikely event that the parties have not resolved a dispute informally, TACSI will discuss and agree with you on the most effective way of resolving the conflict. As a last resort, any Dispute shall be finally settled in the courts of Scotland.

13. Contact, feedback, and complaints

13.1 If you need to contact TACSI concerning these Passenger Terms or any other document mentioned in them, you can contact TACSI at the support centre by emailing contact@thetacsi.com

13.2 TACSI values hearing from its users and are always interested in learning how TACSI can improve it. By providing your feedback, you agree that you are giving up any rights; You have in your feedback so that TACSI may use it and allow others to use it without any restriction and payment to you.

14. Final Provisions

14.1 Scottish law will apply to all disputes and the interpretation of these Passenger Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your service use.

14.2 If any provision of these Passenger Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the affected provision intent and economic effect. The failure or delay by either party to enforce any term of the Passenger Terms shall not be deemed a waiver of such term.

14.3 To ensure that TACSI is a market leader, it is constantly updating and improving the Service. We may include updating or deleting some aspects of the Service, which may impact your use of the Service or Your User Content. If TACSI makes any changes to the Service, Your continued use will accept the changes. You may stop using the Service at any time.

14.4 TACSI may, from time to time, also amend these Passenger Terms. TACSI will usually notify you in advance before the new Passenger Terms become effective. After the revised terms become effective, your continued use of the Service will be deemed acceptable of the words.

14.5 No provision of these Passenger Terms is enforceable under the Contracts (Rights to Third Parties) Act 1999 by a person not a party to these Passenger Terms.

14.6 Date of entry into force of the General Terms and Conditions: 31.03.2021