HomeThanet Cars Terms and Conditions.

Thanet Cars Terms and Conditions.

Terms & Conditions.
We offer our Thanet Cars Services under the following Terms & Conditions that constitute a legal agreement between
you and the Company. You should read them carefully and use the Thanet Cars Services only if you agree and
consent to the Agreement. By using the Thanet Cars App, you agree to be legally bound by the Agreement and the
Privacy Policy. These Terms & Conditions, as may be amended from time to time, apply to the use of our Thanet Cars
Services. Any use after amendment constitutes acceptance of the new terms. By accessing, browsing, and using our
website, our mobile application, through our Platform and/or by accepting and/or completing a booking, you
acknowledge and agree to have read, understood and agreed to the Terms & Conditions set out below including the
Privacy Policy. 1. DEFINITIONS For the purposes of this Agreement, the following terms shall have the following
meaning: “Account” means the account that each driver must apply for to use the Thanet Cars App and the Platform
to access information and documents regarding the use of the Thanet Cars Services. “Agreement” means any
agreement between the Driver and the Company regarding the use of Thanet Cars Services consisting of these
Terms & Conditions, the Driver’s Privacy Policy and any other additional terms and conditions or documents referred
to herein or agreed in the future between Driver and the Company. “Company” means Thanet Cars Operators
Company Limited “Company Fee” means the fee that Driver is obliged to pay to the Company for using the Platform
and any VAT and/or any other applicable tax due. “Driver”, “you”, “your” or “yours” mean a driver who has completed
the registration for drivers and is accepted by us to participate as a Driver. This definition shall extend to any licenced
Fleet Operator whose employees or authorised personnel may legally carry out Transport Services by using the
Account. “Fleet Operator” means any company, entity, or person in possession of an Operator Licence who employs
its own personnel. “Thanet Cars Services” means the services that the Company provides, including provision and
maintenance of Thanet Cars App, the Platform, Payment Method, customer support, communication between the
Driver and the Passenger and other similar services. “Thanet Cars App” means the smartphone and/or any portable
device and/or any web application/s for Drivers and Passengers to request/receive/offer Transport Services. This
includes both the passenger application and the driver’s application. “Operator Licence” – Operator’s licence to offer
Transport Services issued by The local licencing authorities “Payment Method” means cards, carrier billing and other
payment methods used by the Passenger using the Thanet Cars App to pay for the Transport Services.
“Passenger(s)” means the customer using or booking a Transport Service through our Thanet Cars App. “Passenger
Fee(s)” means the fee a Passenger is obliged to pay Driver for provision of the Transport Services which shall be
inclusive of VAT if applicable and/or any other applicable tax due as determined by us from time to time. “Platform”
means the technology connecting Passengers with Drivers to assist them to travel between locations of their choice.
“Terms & Conditions” – these terms. “Transportation Service(s)” means Light Passenger Transport Services,
Chauffeur Driven Services and Passenger Transport Services in terms of the Motor Vehicles Regulations Laws of UK.
Passenger Transport Services and Vehicle Hire Services Regulations “Us”, “we” or “our” mean the Company.
“User(s)” means any user of the Thanet Cars App which shall include both Passengers and Drivers. 2. SCOPE OF
OUR SERVICE Through our Platform, Drivers have the opportunity to receive transport requests and the option to be
contracted by potential passengers looking for a transport service. We are an intermediary booking service platform
whereby Transport Services may be booked by Passengers from Drivers. By means of Local Licence Authorities, we
are authorised. We have an office established in Kent where all booking data shall be kept. We offer the service of
connecting Passengers with Drivers to move around between locations of their choice. For this purpose, your
identification details will be transmitted to the Passengers every time the Passenger searches for a Transport Service
through the Thanet Cars App. Passengers will be provided with your first name and surname, telephone number,
image photo, your vehicle registration number, type and specifications of vehicle, location, and performance rating. As
soon as you start the Thanet Cars App and set yourself as available, your location can be identified by all Passengers
and other users. The respective geo-location of the Passenger will be specified after the Passenger hails you through
the Thanet Cars App. We do not provide transportation services but act solely as a channel of communication
between you and the Passenger. From the point at which you accept to transport a Passenger, you enter into a direct
contractual relationship with the Passenger that has booked you. It is up to you to offer Transport Services which may
be scheduled through use of the Thanet Cars App and to comply with all applicable legislation, including compulsory
insurance legislation and passenger safety. We have no responsibility or liability whatsoever for any claims, suits,
losses, damages, expenses, consequential loss or otherwise, arising out of or in connection with or in respect of any
death or injury to any person whatsoever, and in respect of any loss or damage to any property whatsoever, which
may arise in relation to a Transport Service. Consequently you, and not us, are responsible and liable for any such
claims, suits, losses, damages, expenses, consequential loss or otherwise, arising out of or in connection with or in
respect of any death or injury to any person whatsoever, and in respect of any loss or damage to any property
whatsoever, which may arise in relation to a Transport Service. Neither are we responsible or liable for damages you
may incur while providing a Transport Service. The information that we disclose is based on the information provided
to us by the Users. As such, the Users are fully responsible for informing us with their updated information and
indicate directly by themselves their availability, which is displayed on our Thanet Cars App. Although we will use
reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is
accurate, complete or correct, nor can we be held responsible for any errors, any interruptions howsoever due
including breakdown, repair, upgrade or maintenance of our Thanet Cars App or otherwise, inaccurate, misleading or
untrue information or non-delivery of information. Each User always remains responsible for the accuracy,
completeness and correctness of the information displayed on our Thanet Cars App. You may not to download or
reproduce or use in any other manner any content or information, software, products, or services available on our
Thanet Cars App for any commercial or competitive activity or purpose. To maintain the Account, you may be required
from time to time to provide further information and/or documentation. 3. ENTRY INTO THE AGREEMENT In order to
make use of the Thanet Cars Services, you must sign up by providing the requested information and uploading
necessary documentation as required by us. Upon successful completion of the signup application, we will provide
you with a personal Account that you may access through a username and pin/password. By signing up, you
represent, warrant and agree as follows – • you are legally entitled to enter into this Agreement with us to use the
Platform and for providing the Transport Services; • you have agreed to be bound by these Terms & Conditions &
Privacy Policy including all obligations arising from the provision of the Transport Services and this Agreement; • you
have provided true, accurate, complete and updated information about you; • you will keep your Account accurate and
profile information updated at all times; if any information provided by you is not in accordance with these provisions,
we have the right to refuse your registration and suspend or terminate immediately without notice the registration of
your Account and refuse any and every use, present or future, of the Thanet Cars Services that require registration.
We will incur no liability for any such refusal, suspension, or cancellation of your registration. • you will not authorise
other persons to use your Account nor transfer or assign it to any other person; • you will not use the Transport
Services for unauthorised or unlawful purposes or in any way that interrupts, damages, impairs or renders us less
efficient; • you will accept orders for Transport Services only insofar as permissible in accordance with the applicable
provisions; • you will only use the Thanet Cars App if in possession of all the approvals and licences necessary for
transportation services and comply with and fulfil all statutory requirements governing transportation services; • you
will furnish evidence of such prerequisites at any time a User or the Company may request you to; • you will comply
with all applicable laws and regulations including those relating to this Agreement in any manner whatsoever; • you will
not process or disclose to third parties, any personal data of other Users that is transferred or otherwise made known
to you unless if consent is obtained of such other User and according to applicable legislation; • you will treat
Passengers introduced to you through us with respect and not to cause any inconvenience and damage to them; • you
will compensate and indemnify us fully against claims or legal proceedings against us by any other person as a result
of your breach of this Agreement; • you will not use the Thanet Cars Service to cause nuisance, annoyance or
inconvenience; • by accessing and using the Thanet Cars Services via mobile devices, or by using certain mobile
features, you may incur fees from the provider or carrier of the mobile services that you use and you are solely
responsible for the payment of such fees; • you will update the status of your vehicle in the activated application at all
times, so that potential Passengers can always identify the current status of your vehicle; • since you can be identified
via the activated application by nearby participating potential Passengers, you may only accept available transport
orders, provided that the application is activated and your vehicle is available and free; • you will not make use of
another vehicles other than the ones indicated in your when logging into Account; • to maintain emergency equipment
in the vehicle as required by law; • to immediately respond to contact made by the Passenger, informing him of your
option to provide the services or not, at a time that will never exceed twenty (30) seconds or as may be directed to you
from time to time. If this time passes and you do not answer it is the equal of rejecting the Passengers contact and you
have no means of contacting the Passenger yourself; • you have informed the Company of any criminal offence you
have been found guilty of which offence could reasonable be deemed to be a valid reason for the Company not to
enter into these commercial terms with you; • to assume all expenses, costs, fees, taxes and contributions for
maintenance and operation of the vehicle used by you, including fuel costs, cleaning tools, equipment, automobile
taxes, inspections, repairs, reviews, among others; • you are to maintain and operate the technical equipment and
operational procedures to access the Thanet Cars Services, such as mobile phone mode or portable device that is
compatible with the software, Internet connection, packet data, GPS, among others; and • any fines, penalties,
administrative or judicial proceedings incurred by you as a result of the exercise of your activity or the provision of
Transport Services are your sole responsibility. Payment to you of any amounts due to you in terms of these Terms
and Conditions will be affected according to the Company policy which may vary from time to time. We will incur no
liability whatsoever for any incorrect money transactions in case you have provided wrong details. From time to time,
we may send you additional requirements and conditions that will be applicable to use our Thanet Cars Services.
Failure to comply with such requirements and conditions may lead to termination of this Agreement and the right to
use the Thanet Cars Services and this without us incurring any liability whatsoever therefor.
You are a legal person, if the recipient of the fees is marked as a legal person in payment details provided to us upon
application. In such case, the indicated legal person is the provider of Transport Services and a party to this
Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually
provide the Transport Services. Such natural person may use the account of the Driver only if he/she has read and
agrees to be bound by this Agreement. The legal person in the payment details and the natural person factually
providing the transport services under the Account shall remain jointly and severally liable for any infringement of this
Agreement conducted by the driver. Upon concluding a separate agreement, a legal person may itself register an
account to be used by its employees and/or service providers. In such case the legal person shall be required to
ensure that its employees and/or service providers conform to the requirements of the Agreement and any further
agreements and agrees to act in accordance and be bound with its conditions and obligations. The legal person and
its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such
employee and/or service provider. 4. LICENCE Upon successful completion of the signup application we will grant you
a licence to use the Thanet Cars App and the Account. Regardless of the above and if so, agreed separately, legal
persons may sublicense the Thanet Cars App and the Account to its employees/service providers. Except as
specifically permitted herein, without the prior written consent of the Company you agree not to: (i) use, modify,
incorporate into or with other software, or create a derivative work of any part of the software related to the Thanet
Cars Services; and (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this
Agreement with or to anyone else; (iii) copy, distribute or reproduce the application for the benefit of third parties; (iv)
disclose the results of any benchmarking of the Thanet Cars App, or use such results for your own competing
software development activities; and/or (v) modify, disassemble, decompile, reverse engineer, revise or enhance the
software or attempt to discover the software’s source code. The licence granted herein ends contemporaneously with
termination of the Agreement. After termination of the Agreement, you must immediately stop using the Thanet Cars
App and the Account whereupon we will be entitled to block and delete Account without a prior notice. We may ask
you to use tags, labels, stickers, or other signs that refer to our Thanet Cars brand or we may otherwise indicate that
you are using the Platform. We grant you a non-exclusive, non-sublicensable, non-transferable licence to use such
signs and only for the purpose of indicating you are providing Transport Services via the Platform. After termination of
the Agreement, you must immediately remove and discard any signs that refer to the Thanet Cars brand. 5.
INTELLECTUAL PROPERTY Any and all content, including but not limited trademarks, logos, symbols, domain
names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts,
among others, of the present software or products related to the Thanet Cars Services are protected by copyright and
intellectual property and are owned by us or third parties authorised by us to develop activities thereon. You are to
respect our intellectual property rights and that of others. We are not liable for any damages, costs or expenses that
may be suffered or incurred by you because of any breach of the obligations herein specified. 6. PROVISION OF
TRANSPORT SERVICES You are to provide the Transport Services in accordance with the provisions of this
Agreement as well as any applicable laws and regulations. You are to ensure that you are always in possession of
valid licences and documents and are covered by a motor insurance policy as required by Law and other insurance
that may be deemed prudent in relation to the provision of the Transport Services. You may be required to furnish
evidence of any such licences and documents, approvals or other registrations, policies and certifications that may be
necessary for the provision of the Transport Service in terms of all applicable laws and regulations. You are to always
act professionally in the provision of the Transport Service and to respect the Passengers making use of the Transport
Service. You are also to act in the best interest of the Passenger and ensure that you take the most cost-efficient
route for the Passenger unless otherwise explicitly requested by him or her. You may not make any unauthorised
stops during the provision of any Transport Service. You are to always adhere with traffic laws and regulations. You
are not to allow any other person to accompany you or otherwise make use of the Transport Service other than the
Passenger and any accompanying passengers. You will retain the discretion as to when to provide the Transport
Service and you also have the right to accept, decline or ignore any requests made by potential Passengers for
Transport Services. All costs incurred in the provision of the Transport Service are incurred by you. Such costs include
the equipment for the provision of the Transport Service and the costs, expenses and taxes incurred while performing
the Transport Services. You confirm that you have all the necessary licences where necessary. 7. PASSENGER
FEES For every Transport Service provided to Passengers accepted on the Platform you are to charge the Passenger
Fee based the fee, as determined by the Thanet Cars App. Any request for corrections to the Passenger Fee must be
submitted via the Thanet Cars App. We reserve the right to adjust the Passenger Fee if we determine a violation or a
technical error that affects the Passenger Fee. In justified circumstances such as in case of fraud or complaints, we
may reduce or cancel the Passenger Fee. We may issue an invoice on your behalf to the Passenger to compensate
you any Passenger Fees, contractual penalties or other fees that may be due to you by a Passenger. The invoice will
be made available to you via your Account. The Passenger Fee is paid either directly to you or through the Payment
Method system as further detailed below. If the Passenger has opted to pay you directly, then it is your responsibility
to collect the Passenger Fee. We will send a notice of debt to the Passenger on your behalf if he fails to effect
payment. Such act is not to be construed as an obligation on our part to compensate the Passenger Fee not paid by
the Passenger. If a Passenger justifiably refuses to pay the Passenger Fee due to inaccurate information in the
Thanet Cars App, we will not reimburse you for such expenses. We will provide Passengers following provision of
Transport Service with a statement showing the company name, if applicable, place of business, VAT number, name,
and surname of Driver together with image photo, car registration number, details about the journey including date,
time, start and end locations and Passenger Fee paid. You may request Passengers to pay a penalty in the amount
established in our Thanet Cars App and request compensation more than such penalty amount from Passengers if
Passengers damage the vehicle or its interiors negligently. We will endeavour to collect the penalty from the
Passenger on your behalf if the Passenger fails to do so upon request. This is not to be construed as any
responsibility on our part to make good for such penalty or any other amount incurred or suffered because of such
negligent act on the part of the Passenger. 8. PAYMENT METHOD Passengers can affect payment for Transport
Services either through cards, carrier billing or other payment methods directly available in the Thanet Cars App, that
is, the Payment Method. You hereby authorise us to collect on your behalf the Passenger Fees or other amounts paid
by the Passenger via Payment Method. Any payment obligation made by the Passenger via the Payment Method will
be considered completed as of the time that the payment has been made. The possibility for Passenger to pay via the
Payment Method may not be refused by you and you may not exercise any act to dissuade Passengers from using
the Payment Method system. We will in such event also reserve the right to block your Account, and this without
incurring any liability whatsoever therefor. The amounts collected through the Payment Method system less amounts
due to us will be credited to your bank account by not later than forty-five (31) days from the date that our bank
account has been credited. We will not be obliged to pay you any Passenger Fees if the Payment Method failed
because Passenger’s credit card or other payment is cancelled or is unsuccessful for other reasons. If you mistake the
identity of the Passenger to whom the Transport Service was to be provided, we will reimburse the Passenger Fee.
We will incur no liability whatsoever for the Passenger Fee in such case. We reserve the right to impose on you a
penalty for every wrongfully applied Payment Method effected. We will have the right to set off any Passenger Fees
due to you via the Payment Method system against amounts due to us in terms of this Agreement. 9. FISCAL
OBLIGATIONS Any and all fiscal obligations arising in connection with the provision of the Transport Service in
relation to this Agreement shall be your sole responsibility. Likewise, any obligation relating to income tax, social
security contribution or other applicable tax or any obligation relative to employment shall be your sole responsibility.

  1. COMPANY FEES In consideration of our Thanet Cars Services provided to you, we will charge you a Company
    Fee levied as a percentage of the Passenger Fee of each, and every Transport Service provided by you together with
    VAT due on the Company Fee. The percentage amount will be communicated to you either through the Thanet Cars
    App, email, your Account, or any other means of communication being used by the Company at the time. You agree
    that the Company Fee may vary from time to time. We will inform you of any such variations prior to implementation
    through the channels indicated in this Article. Company Fees are payable monthly in arrears. Interest at the highest
    rate allowed by law will be charged in case of late payments. 11. RANKING AND PASSENGER REVIEWS In order to
    guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the
    Passengers may provide you a performance rating and leave feedback regarding the quality of the Transport Services
    that you have provided. Your average performance rating will be linked to your Account and will be available to
    Passengers using the Thanet Cars App. We may also provide you with your activity score. If your average
    performance rating or activity score are below a minimum average performance rating and activity score determined
    by us from time to time we may ask you to increase your average performance rating or activity score to minimum
    level within a specific period of time. If after such time you will not have so increased your average performance rating
    or activity score, your Account will, after due notification, be automatically suspended either temporarily or
    permanently in our sole discretion. We may reverse the suspension of your Account on a case-by-case basis. 12.
    INDEPENDENT RELATIONSHIP You hereby acknowledge and agree that we are not transport service providers but
    a technology platform. The provision of Transport Service is provided by you independently or via a company as an
    economic and professional activity. You further hereby acknowledge and agree that you are not our employee and
    that there is no employment relationship between you and us. There is neither a joint venture or a partnership
    between you and us. In this respect, you may not act as an employee, agent or our representative nor bind us in any
    manner whatsoever. You further acknowledge that it is you who requested to use the Company’s service where you
    specifically stated that you had no interest in being an employee of the Company. You hereby acknowledge that (i)
    you are free to login to your Account at will and without any imposition of hours to be worked by the Company. (ii) you
    are not using Company property to carry out Transport Services other than the Thanet Cars App; (iii) you are in no
    way precluded from working with similar platforms or carrying out any other work unrelated to the transport industry.
  2. DISCLAIMER AND LIABILITY To the maximum extent permitted by law, you agree that the Company, its
    shareholders, officers, directors, employees, representatives, or others are not liable for: i. any and all claims, costs,
    damages, losses, liabilities and expenses that you may incur as a result of using the Thanet Cars Services including
    but not limited to any direct, indirect or consequential loss or damages, any loss of production, loss of profit, loss of
    revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim and any other type of loss or
    damage, ii. any inaccuracy relating to the information (including personal data, comments, and performance ratings) of
    the Users as made available on our Thanet Cars Services, iii. the services rendered by you, iv. any direct, indirect or
    consequential damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection
    with the use, inability to use or delay or virus of our Thanet Cars Services and/or the server that the Thanet Cars
    Services are hosted, v. for any personal injury, death, property damage, or other direct, indirect, special or
    consequential damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches,
    negligence, misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or wholly or partly
    attributable to the User and/or its employees, directors, officers, agents or representatives, including any cancellation
    partial or otherwise, double-booking, strike, force majeure or any other event beyond our control, unless through wilful
    misconduct or gross negligence, vi. any information on the Thanet Cars Services sometimes linked to external sites
    over which our services have no control and for which we assume no responsibility, vii. any user violation or breach of
    any term of this Agreement or any applicable law or regulation, whether referenced herein. Our Platform is provided
    on a “as is” and “as available” basis and we thus do not represent, warrant, or guarantee that access to our Platform
    will be uninterrupted or error free. Moreover, we cannot guarantee that your usage of our Platform will result in any
    Transport Service requests given that this depends on the input of Passengers. Without prejudice to the above, our
    total aggregate liability arising out of or in connection with this Agreement shall in no case exceed Two hundred and
    Fifty Pounds (£250). We are not liable for the actions or non-actions of the Passenger or co-passengers and are not
    liable for any loss or damage that may incur to you or your vehicle because of actions or non-actions of the Passenger
    or co-passengers. 14. INDEMNITY You are liable for breach of this Agreement or any other applicable laws or
    regulations and must remedy such breach immediately after receipt of a written notice from us or any competent
    authority. You are to indemnify us and hold us harmless for any direct and/or indirect loss and/or damage, loss of
    profits, expense, penalty, fine that we may incur in connection with your breach of this Agreement and laws and
    regulations. If a Passenger presents any claims against us in connection with your provision of Transport Services,
    then you are to compensate such damage, costs, and expenses to us in full within seven (7) days from date of written
    request by us together with legal costs. 15. TERMINATION In addition to the right to terminate this Agreement as
    elsewhere provided in this Agreement, we may, in our sole discretion, suspend or terminate, temporarily or
    permanently, the Account of a User at any time where we deem fit by giving one week’s notice where no reason is
    provided and immediately: i. if you violate any of the representations, warranties and obligations contained in this
    Agreement or any policies and rules, ii. if you act or practise fraudulently or have caused or may cause damage to
    third parties, iii. if you are no longer authorised to provide transportation services, iv. if you fail to comply with your
    obligation to pay the charges promptly or fail to carry a Passenger after accepting an order, v. if you are found guilty of
    any criminal offence which in the Company means that you can no longer satisfy the good repute requirement to carry
    out the Transport Services in terms inf this Agreement. If you are found guilty but have opted to appeal the judgement,
    the Company may opt to suspend your account pending the outcome of the appeal. vi. if according to the Company’s
    policy at the time, you are deemed to be inactive. vii. if at any time Login details do not correspond to actual driver
    and/or vehicle and/or if at any time the company is unable to establish driver details or vehicle information. The above
    shall be without prejudice to our right to take appropriate legal action. The Company will incur no liability for damages
    or compensation for the termination, cancellation, or suspension of your Account. Without prejudice to the above, we
    may in our sole discretion, for any reason or no reason and at any time alter, suspend and/or discontinue providing
    our Thanet Cars Services, with or without notice. We will not be liable for any damage or loss caused by such an
    alteration, suspension, or termination of the Thanet Cars Service. Upon termination of this Agreement or cancellation
    or suspension of your Account, for whatever reason, the consideration payable by you to us relating to Thanet Cars
    Services rendered to the date of such termination, cancellation or suspension shall become immediately due. User
    has the right to terminate this Agreement by giving one week’s notice through the Thanet Cars App or by email to us.
    Upon termination, we shall have the right to delete the User’s Account. 16. NOTICES You are to immediately notify us
    of any changes to the information provided. 17. FINAL PROVISIONS By signing these Agreement, you agree to the
    terms of the Driver’s Privacy Policy which shall serve as a Data Processing agreement for all intents and purposes of
    the law. This Agreement shall be governed by and construed in all respects in accordance with the laws of UK. Any
    dispute concerning the interpretation, breach or enforcement of this Agreement shall be subject to the exclusive
    jurisdiction of the Courts. If any provision of this Agreement is held to be unenforceable, the parties will substitute for
    the affected provision an enforceable provision that approximates the intent and economic effect of the affected
    provision.