Persy London Limited Terms of Use
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 Interpretation
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
2.1 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
3.1 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
4.1 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.
4.2 This is not an exclusive license; in other words we may grant any number of licenses to use the App.
5. How the App Works
5.1 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.
5.2 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.
5.3 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 no-show
6.1 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”).
6.2 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 Fee.
6.3 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
7.1 Persy will communicate with you by:
7.1.1 email to the email address in your profile on the App;
7.1.2 text to the mobile address in your profile on the App; and/or
7.1.3 posting notices on the Persy Web site.
Any of these may constitute a legal notice to you.
8. Our liability to you
8.1 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 delay.
8.2 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.
9. Payment
9.1 Persy and its Drivers do not accept payment in cash.
9.2 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.
9.3 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 process.
9.4 If you fail to make payment of the Fee either in full or in part, Persy may:
9.4.1 suspend or permanently block your use of the App to make Orders; and
9.4.2 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.
9.5 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 Data
10.1 In operating the App, Persy will use data relating to you as an individual (“Personal Data”). Persy will process your Personal Data in accordance with our Privacy Policy .
11. Intellectual Property
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 Modification
Persy may suspend or close the App and/or your access to the services provided by the App, or any part of them, at any time.