Persy London Limited Driver
These terms (“Terms”) set out the basis
on which Persy London Limited (“Persy”,
also referred to in these Terms as “we”, “us” or “our”) provides you with
access to the Persy app (the “App”) as a provider of
transportation services to customers.
By using the App to provide, or accept
an offer to receive, transportation services, you accept these terms. If you do not accept these terms, please do
not use the App.
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
Capitalised words in these Terms have a
specific meaning, which is defined within these Terms. References to “you” are to you, as an individual
or as a representative of the entity through which you provide transportation
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
Your use of the App
return for your agreeing to comply with these terms you may download a copy of
the App onto one or more mobile devices and receive access to the functionality
provided to providers of transportation services (“Drivers”). 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.
is not an exclusive license; in other words we may grant any number of licenses
to use the App.
How the App works
App connects you, as a Driver, with individuals (“Customers”) who request
(an “Order”) that they be collected by a Driver from a “Pickup”
and transported to an “End Point” (the provision of which transport is
referred to as the provision of “Transportation Services”). Your agreement to provide transportation
services (each, a “Transportation Contract”) is not entered into with Persy, but with the Customer.
a Customer makes an Order, the App will make a notification available to Drivers
Fee payable for the Customer for the relevant
Transportation Services (“Base Fee”)
each a “Notification”. Any Driver who receives the Notification may
accept the Order by clicking “Accept Order” on the App. When you click “Accept
Order” (“Accept” the Order) you enter into a binding Transportation
Contract with the Customer.
will need to provide your own mobile device in order to download the App and
will be responsible for all costs associated with such mobile device including,
without limitation, any data or call charges.
are free to use the App at any time and no minimum or maximum periods of use
are applied save that you must ensure that you comply with any regulatory and
insurance requirements imposed on you as a provider of the Transportation
Services particularly in respect of periods of rest.
are solely responsible for determining how to perform your obligations under
each Transportation Contract. You are
responsible for furnishing at your own expense any necessary equipment, tools
and materials required in order to do this.
are solely responsible for making your own decision as to the suitability of a
Customer and as to whether you will accept or decline to provide them with
Transportation Services. If you provide Transportation Services to someone who
is not a customer or is not the Customer identified via the App for you to provide
Transportation Services to, you agree that you will not be paid for these
Transportation Services via the App or otherwise by Persy.
Further, you will not be paid via the
App or otherwise by Persy for any servicews
you provide to a Customer once you have completed the Transportation Contract.
Cancellation and no-show
may not change the route set out in the Transportation Contract or make any
unscheduled stops. This is made clear to
the Customer in the Customer terms. If
you do so, we are not responsible for any payment in respect of any such
About You and Your Commitments to Persy
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.
are not an employee or agent of Persy. Your only relationship with Persy is that Persy permits you
to use the App in order to enter into contracts for the provision of
Transportation Services with Customers. You
have no right or
power whatsoever to contract on behalf of Persy or
bind Persy in any way in relation to third parties .
order to provide Transportation Services, you must:
have a valid full UK drivers licence which you
have held for longer than 12 months;
have valid hire and reward insurance (“Insurance”);
not do anything which may threaten the validity
of, or limit the cover provided by, the Insurance;
hold a taxi licence valid in the local area
where you will provide the Transportation Services;
only enter into Transportation Contracts that
are in accordance with the conditions and requirements of your taxi licence,
including any zoning requirements;
have a clean and well-maintained vehicle for the
provision of Transportation Services;
abide by the terms of any standards issued by Persy from time to time;
comply with all laws applicable to your
provision of Transportation Services, including without limitation the Equality
Act 2010 (as amended);
not act in a manner that could reasonably be
considered to be contrary to any requirement to be a "fit and proper
person" to provide the Transportation Services or any similar or analogous
not download any software or other applications
which may interfere with or modify the App or its operation.
If you do not, or cease to, fulfil any of these
requirements, you must immediately notify Persy and
cease to provide the Transportation Services.
acknowledge and agree that when you have accepted an Order, you will
immediately update the App:
when you reach the relevant Pickup
if you have waited for the Customer, when the
Customer enters your vehicle; and
when you reach the End Point.
If you fail or delay in doing sp, this may be deemed as fraudulent activity and you may not be paid
(in whole or in part) for the relevant Transportation Services and/or your
access to the App may be suspended.
during the provision of the Transportation Services, you are involved in an
accident or you are involved in any incident involving a Customer, you must
immediately notify Persy by contacting our customer
service centre on the number provided in the App.
agree that we may retain 10% of all fees payable by Customers in connection
with Transportation Services. We take
payment of the relevant fee from the Customer and then pay 90% of the fee
received to you (the “Driver Fee”) in accordance with the remainder of
this clause 7. The Customer will be charged:
Base Fee; and, if appropriate
Fee of £15 in the circumstances described in clause 5.1
Fee of 50p per minute from CT+5 up to the point the Customer arrives at the
Pickup location, in the circumstances described in clause 5.2 above,
up to a maximum of £7.50.
a Customer fails to pay, challenges or otherwise disputes the Transportation
Services or the charges levied in respect of them, we may withhold payment of
the fees in respect of the relevant Transportation Contract or, if the relevant
Driver Fees have already been paid to you, may deduct an amount equivalent to
the disputed Driver Fees from any subsequent payment to you. We will investigate the Customer dispute and our
decision on payment of the disputed Driver Fees shall be final.
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
order to allow you to provide the Transportation Services, we will transfer Personal
Data of Customers (“Customer Personal Data”) to you. You must comply with all laws relating to
personal data in respect of all Customer Data, including without limitation the
Data Protection Act 2018. Without
limiting this obligation, you agree specifically to keep Customer Personal Data
safe and secure at all times and not allow access to any third parties to such
information. You must not store any Customer Personal Data on your mobile
device or any other mobile telephone (other than on the App) or process any
Customer Personal Data other than as is strictly necessary to provide
Transportation Services to the relevant Customer, unless the Customer provides
you with express permission to do so.
notify us immediately if you become aware of any
actual or likely unauthorised access to Customer Personal Data held by you
(each a “Customer Personal Data Breach”);
provide all information relating to the Customer
Personal Data Breach which is in your possession; and
comply with our reasonable instructions in
relation to the remediation of each Customer Personal Data Breach.
Communications between us and you
9.1 Persy will communicate with you by:
email to the email address in your profile on
text to the mobile address in your profile on
the App; and/or
posting notices on the Persy
Any of these may
constitute a legal notice to you.
Suspension and Modification
10.1 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.
11.2 Persy makes no representation or warranty about accuracy,
availability nor uninterrupted or error-free use of the App and shall not be
liable for any damage, loss, claims, costs or expenses resulting from or as a
consequence of an inaccuracies or scheduled or unscheduled downtime,
unavailability or slowness.
the fullest extent permitted by law, Persy (including
its officers, directors and employees) and third parties (including any agents
or sub-contractors) connected to it hereby expressly exclude all conditions,
warranties and other terms which might otherwise be implied by statute, common
law or equity in relation to its provision of the App or otherwise in
connection with any relationship Persy may have with
11.4 Persy shall not be liable for any consequential, indirect
or special losses.
11.5 Persy shall not be liable for any of the following (whether
direct or indirect):
loss of profit;
destruction, loss of use or corruption of data;
loss or corruption of software or systems;
loss or damage to equipment;
loss of use;
loss of production;
loss of contract;
loss of opportunity;
loss of savings, discount or rebate (whether
actual or anticipated);
management time and/or
to reputation or loss of goodwill.
11.6 Persy’s total liability to you in connection with these Terms,
the provision of the App and any other relationship Persy
may have with you however arising, whether caused by tort, breach of contract
or otherwise, shall be limited to the Driver Fees payable to you in the 24 hour
period prior to the claim arising.
to clause 12
and to the remainder of this clause 11,
these Terms shall remain in force for as long as you use the App (and if there
is a period during which you do not use the App, shall be reinstated when you
return to using the App).
may terminate your agreement with us at any time by permanently deleting the
App installed on any device and deactivating your account. Any provisions of these Terms which,
expressly or by implication, need to survive termination in order to be fully
effective (including without limitation clause 7,
which will remain in force for as long as you hold any Customer Personal Data),
shall do so.
may terminate your licence to use the App with immediate effect, by disabling
your account or otherwise preventing you from accessing or using the App, at our
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. 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.
Transfer of legal responsibilities
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.
Delay in Enforcement
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.