Persy London Limited Driver
Terms
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.
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 an individual
or as a representative of the entity through which you provide transportation
services.
2. Other Terms
2.1 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.
3. Your use of the App
3.1 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 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.
3.2 This is not an exclusive license; in other words we may grant any number of licenses to use the App.
4. How the App works
4.1 The
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.
4.2 When a Customer makes an Order, the App will make a notification available to Drivers of the:
4.2.1 Pickup
4.2.2 End Point
4.2.3 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.
4.3 You 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.
4.4 You 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.
4.5 You 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.
4.6 You 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.
5. Cancellation and no-show
5.1 Any Customer may cancel any Transportation Contract at any time prior to you arriving at the Pickup, subject to the payment of a Cancellation Fee if the Customer cancels less than 1 hour before the collection time specified in the Order (the “Collection Time”).
5.2 If the Customer is not at the Pickup location five minutes after the Collection Time “CT+5”), they will be charged a Standby Fee. You may cancel the Order if the Customer does not arrive 15 minutes after CT+5.
5.3 You 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 activities.
6. About You and Your Commitments to Persy
6.1 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.
6.2 You 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 .
6.3 In order to provide Transportation Services, you must:
6.3.1 have a valid full UK drivers licence which you have held for longer than 12 months;
6.3.2 have valid hire and reward insurance (“Insurance”);
6.3.3 not do anything which may threaten the validity of, or limit the cover provided by, the Insurance;
6.3.4 hold a taxi licence valid in the local area where you will provide the Transportation Services;
6.3.5 only enter into Transportation Contracts that are in accordance with the conditions and requirements of your taxi licence, including any zoning requirements;
6.3.6 have a clean and well-maintained vehicle for the provision of Transportation Services;
6.3.7 abide by the terms of any standards issued by Persy from time to time;
6.3.8 comply with all laws applicable to your provision of Transportation Services, including without limitation the Equality Act 2010 (as amended);
6.3.9 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 services; and
6.3.10 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.
6.4 You acknowledge and agree that when you have accepted an Order, you will immediately update the App:
6.4.1 when you reach the relevant Pickup
6.4.2 if you have waited for the Customer, when the Customer enters your vehicle; and
6.4.3 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.
6.5 If, 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.
7. Fees
7.1 You 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:
7.2 The Base Fee; and, if appropriate
7.3 Cancellation Fee of £15 in the circumstances described in clause 5.1 above; and
7.4 Standby 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.
7.5 We will pay you the Driver Fees due to the you in respect of Transportation Contracts within 24 hours. If you believe the payment is incorrect, you must notify us within 24 hours via email to drivers@persylondon.com and we will investigate this dispute. You must provide us with all reasonable assistance and information requested when we investigate your dispute. Our decision shall be final. If you fail to notify us of your dispute and/or co-operate in accordance with this clause 7.2, you will be deemed to have accepted the Driver Fees as correct.
7.6 If 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.
8. Personal Data
8.1 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 .
8.2 In 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.
8.3 You must:
8.3.1 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”);
8.3.2 provide all information relating to the Customer Personal Data Breach which is in your possession; and
8.3.3 comply with our reasonable instructions in relation to the remediation of each Customer Personal Data Breach.
9. Communications between us and you
9.1 Persy will communicate with you by:
9.1.1 email to the email address in your profile on the App;
9.1.2 text to the mobile address in your profile on the App; and/or
9.1.3 posting notices on the Persy Web site.
Any of these may constitute a legal notice to you.
10. 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. Our Liability to You
11.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. The remainder of this clause 10 shall be subject to this clause 10.1.
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.
11.3 To 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 you.
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):
11.5.2 destruction, loss of use or corruption of data;
11.5.3 loss or corruption of software or systems;
11.5.4 loss or damage to equipment;
11.5.9 loss of savings, discount or rebate (whether actual or anticipated);
11.5.10 wasted management time and/or
11.5.11 harm to reputation or loss of goodwill.