These terms (“Terms”)
set out the basis on which Persy London Limited (“Persy”,
also referred to in these Terms as “we” or “us”) provides you with access to
the Persy app (the “App”).
By using the App to request
transportation services, you accept these terms. If you do not accept these
terms, please do not use the App.
1. Definitions and
Throughout these Terms, we will
assign a specific meaning to certain words. Where we do this, we tell you the
meaning by setting the words out in quotes (“Like This”) and then use
this capitalised term throughout these Terms.
Capitalised words in these Terms have a
specific meaning, which is defined within these Terms. References
to “you” are to you, as a user of the App.
2. About You
You must be 18 years of age or older to use the App. By using the App, you are representing
to us that you are 18 years old, or older.
3. Other Terms
The ways in which you can use the App
may be subject to the terms and policies of the store from which you
downloaded the App, e.g. the Apple or Google store.
4. Your use of the App
In return for your agreeing to comply with these Terms you may download a copy of the App onto one or more mobile devices and access the services
provided. You may not share the App with
anybody else. If you sell any device on which the App is installed, you must remove the App from it. If you download or stream the App onto any phone or other device not owned by you,
you must have the owner's permission to do so. You
will be responsible for complying with these Terms,
whether or not you own the phone or other device.
This is not an exclusive license; in other words we may grant any number
of licenses to use the App.
5. How the App
The App connects you with drivers
of licensed electric black cabs (each, a “Driver”). Drivers are not employees of Persy, but
have entered into an agreement with Persy in order to be
connected with people who use the App. Your
agreement to be driven to your chosen destination is not
entered into with Persy, but with the You.
The first step in connecting you to your
driver is for you to enter into the App
the location from which you wish to be collected (the “Pickup”). You will then enter the
location to which you want to be transported (the “End Point”). Based on your input,
we will provide you with an estimated fee for the journey
and the availability of Drivers. When you
press the ‘Order’ button, you will be connected with a Driver.
By pressing the ‘Order’ button, you are offering to
enter into a contract with a Driver (an “Order”).
When the Driver agrees to drive you to
the End Point, he or she is accepting your
offer, and a binding contract (each a “Transportation
Contract”) is formed between you and the Driver.
6. Cancellation and
You may cancel any Transportation
Contract at any time prior to the Driver arriving at
the Pickup, subject to the payment of a “Cancellation Fee” of £15 if you
cancel less than 1 hour before the collection time specified in the Order (the “Collection Time”).
If you are not at the Collection Location at the Collection
Time, you may be charged a “Standby
Fee”. This is calculated as follows: you will not
be charged for the first 5 minutes the Driver is waiting
from the Collection Time, but after that you may be charged 50p per minute up to the point you
arrive. If you do not arrive in 15 minutes, your
Driver may at this or her option cancel the Order and you will be charged the Cancellation Fee and the Standby
Persy works on a fixed fee basis. You
may not require the Driver to change his route or make
any unscheduled stops.
7. Communications between
us and you
Persy will communicate with you
email to the email address in your profile on the App;
text to the mobile address in your profile on the App; and/or
posting notices on the Persy Web site.
Any of these may constitute a
legal notice to you.
8. Our liability to you
Persy aims to keep the App
working 24/7. However, we will not be liable to you if the App is for any reason not working, or is working with errors or
As we have explained above , your contract to be
driven to the End Point is formed with the Driver, not with Persy. Accordingly, Persy is not liable for any undesirable or unexpected
behaviour of the Driver, including without limitation if
the Driver does not collect you, or
takes an unexpected route.
Persy and its Drivers do not
accept payment in cash.
When you enter into a Transportation Contract, you
agree to use the App to pay a fixed fee (the “Fee”).
The Fee will be pre-authorised on your
payment card when you make the Order
(the “Pre-Authorised Payment”). This means that it
won’t be debited from your account at this point, but will
be ring-fenced for payment of the Fee.
A request will be made against the card you provided
for payment of the Fee after you reach
the End Point. If full payment is not successfully made
by you, the Pre-Authorised Payment
may be used to settle the Fee. If payment is received in
full, the Pre-Authorised Payment will be released. Please
note that this may take your bank up to 5 working days to
If you fail to make payment of the Fee
either in full or in part, Persy may:
suspend or permanently block your use of the App to make Orders; and
continue to attempt to charge your chosen payment
card or any other payment cards registered on your account
for any outstanding Fee (s) until all of your
Fee (s) have been paid in full.
If you soil the Driver’s
vehicle, you will be charged an additional soiling fee in
accordance with the relevant local published hackney carriage fees.
10. Your Personal
As between us and you, all
rights in the App are owned by Persy and you do not
have any right to use them except to use the App in the
manner in which a reasonable person would consider was intended.
12. Suspension and
suspend or close the App and/or your access to
the services provided by the App, or any part of them, at any time.
13.1 Persy does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes
liability for death or personal injury caused by our negligence or the
negligence of Persy’s employees or agents or for fraud or
fraudulent misrepresentation. (Please note that Drivers
are not employees or agents of Persy, but have a separate
contract with you.)
we are liable for damage to your property. If defective
digital content that we have supplied damages a device or digital content
belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage
that you could have avoided by following our advice to apply
an update offered to you free of charge or for damage that
was caused by you failing to correctly follow installation instructions
or to have in place the minimum system requirements advised by us.
are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have
no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity. In these
circumstances, our liability to you for all losses is
limited to the fees paid by you under all Transportation Contracts with you,
to an aggregate limit of £100.
are not responsible for events outside our control. If our provision of the App is interrupted by an event outside our control then we will
contact you as soon as possible to let you
know and we will take steps to minimise the effect of the delay. Provided we do
this we will not be liable for delays or interruptions caused by the event but
if there is a risk of interference with a Transportation
Contract you may contact us to end your
contract with us and receive a refund of any fees incurred in connection with
14. Changes to
these Terms and to the App
may need to change these Terms at any time to reflect
changes in law or best practice or to deal with additional features which we
introduce. Where we have contact details for you, we will
try to notify you of any change. If you
do not accept the notified changes you may cease to use the App.
time to time we may automatically update the App to improve
performance, enhance functionality, remove unused or little-used features,
and/or reflect changes to the operating system or address security issues. Alternatively
we may ask you to update the App for
these reasons. If you choose not to install such updates or
if you opt out of automatic updates you
may not be able to continue using the App.
15. Transfer of legal
may transfer our rights and obligations under these Terms
to another organisation. We will ensure that the transfer will not affect your rights under the contract. You may not
transfer your rights or obligations under these Terms to anyone.
No Rights for Third Parties
Terms do not give rise to any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this agreement.
of the paragraphs of these Terms operates separately. If
any court or relevant authority decides that any of them are unlawful, the
remaining paragraphs will remain in full force and effect.
18. Delay in
if we delay in enforcing these Terms, we can still enforce
them later. If we do not insist immediately that you do
anything you are required to do under these Terms,
or if we delay in taking steps against you in respect of your breaking these Terms, that will not
mean that you do not have to do those things and it will not
prevent us taking steps against you at a later date.
Terms, and any non-contractual obligations arising out of
them, are governed by English law and you can bring legal
proceedings in respect of the products in the English courts.