1. GENERAL
Take Transfer Limited, the company registered at Company House Uk (hereinafter referred to as the “Company”) hereby offers to use the Service available at https://taketransfer.co.uk (hereinafter referred to as the “Site”) and further described in section 2 hereof (hereinafter referred to as the “Service”) to an Internet user (hereinafter referred to as the “User”) under the terms and conditions described herein.
This Agreement (hereinafter referred to as the “Agreement”) shall come into force and become legally binding for the Company and the User (hereinafter referred to as the “Parties”) at the moment when the User first time starts to use the Service.
When starting to use the Service, the User shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Service.
Note: Once you have completed your account you are agreeing to terms and conditions of our app.
The Company reserves the right to change or modify this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms the User’s acceptance of the revised Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User may not use the Service.
. This edition of the Agreement enters into force on February 16, 2023 and is effective until the following edition is adopted.
Any time frames specified in this Agreement shall be determined by the UTC+0 time zone, unless otherwise expressly indicated herein. The beginning and the end of calendar dates specified in this Agreement, including the commencement and completion of any term, are determined by the beginning and the end of the respective 24-hour period in the UTC+0 time zone.
2. DESCRIPTION OF SERVICE
The Service grants the User access to the data for searching for private and other transportation service providers duly registered at the Service under the GetTransfer Service License Contract (hereinafter referred to as the “Carriers”).
After registration in the Service the User obtains access to a private section of the Service (hereinafter referred to as the “Personal Account”) accessible for the User and the contact persons appointed by the User, which contains information about the User and the User’s contact persons, sets of personal settings for interaction with the Service, information about the requests for the services posted by the User and other data. If the User adds information about the User’s contact persons, such persons have the right to use the Service through the User’s Personal Account, including all the options provided by the Service.
The Service, the software used for the provision of the Service and other content of the Site through which the Service are available are protected by the Company’s or third parties’ intellectual property rights. The User is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
* access and use the respective intellectual property solely in connection with the User’s use of the Service;
* access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.
The User enters into this Agreement at its sole risk and that the Service and any information provided to the User are provided “as is” and “as available”.
In case of violation by the User Agreement the Company has the right to suspend User’s access to the Service, as well as the payment of any amounts due to the User Agreement until confirmation of the unreliability of information about the violation. In case of confirmation of information about the User’s failure to fulfil the above-mentioned obligation the Company has the right to terminate this Agreement !
The relations between the User and the Company fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.
For granting the license specified above the User pays to the Company a service fee in the amount of 35% of the Transfer Price and the amount of Additional Costs (if applicable). Such fee shall be paid at every use of the Service by the User, i.e. at booking Transfer and payment of the Transfer Fee Service fee shall be refunded in cases where and as provided for the refund of the amounts transferred by the User to the Company’s account as a full or partial payment for the Transfer!
3. PAYMENT OF TRANSFER PRICE
After finding a Carrier and entering into the Transportation Contract with him through the Service as stipulated herein, the User shall make a full or partial (not less than 30%) prepayment of the Transfer Price via one of the payment options offered by the Company, to the Company, which the Company shall further transmit to the Carrier subject to the terms and conditions of a separate agreement between the Company and the Carrier. The User may pay the Transfer Price by physical cash directly to the Carrier if such option was specified in the Carrier’s Offer.
The Company does not collect, process and / or store User’s payment data.
For making the payment by wire transfer the User transfers to the Company the Transfer Price in total or in part (not less than 30 per cent) as an advance payment. The remaining part of the Transfer Price, if any, shall be paid by the User to the Carrier immediately after the finish of the Transfer by any means agreed upon with the Carrier (either by cash or by wire transfer using the Service). In case the Transfer was prepaid partially or shall be paid by physical cash, the Company recommends the User not to transfer to the Carrier the Transfer Price in total until completion of the Transfer. In any case, the User makes the final decision on the procedure of cooperation with the Carrier independently.
The Offer may include special tariffs for waiting time exceeding the limits specified in “No-Show Event” clause or for additional driving time for time-limited Transfers (the “Additional Costs”), and in case the situations of additional waiting or driving time arise, such Additional Costs shall be calculated basing on the actual time spent and the tariffs specified in the Carrier’s Offer. The amount due for the Additional Costs shall be calculated as detailed herein at the end of the Transfer, and the moment of payment authorization shall be the moment of the User’s acceptance of the Offer for the relevant Transfer.
The User agrees that:
The Transfer Price and the amount of Additional Costs (if applicable) shall be paid in the currency selected by the User and calculated at the rate of such currency to the currency specified in the Carrier’s Offer at the rate stipulated at the www.openexchangerates.org at the date and time of the respective Offer sending,
The Transfer Price with any charges may be debited from the User’s bank/card account in other currency than one previously selected if the payment in a specific currency and/ or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment
The amount of Additional Costs calculated shall be debited within 5 days upon the date of the Transfer completion against the Company’s request from the User’s bank/card account without further authorization, in accordance with the rules of the Company’s payment service provider. By entering into this Agreement the User gives his irrevocable consent for debiting the above mentioned amounts from his/her bank/card account for each Transfer, if its Offer contained the tariffs for Additional Costs and additional waiting and/or driving time were actually performed.
4. CANCELLATION OF TRANSFER
4.1. The User may unilaterally cancel a Transfer booked and fully or partly paid for in the Personal Account or by sending an e-mail to the Company’s support address contact@taketransfer.co.uk The Transfer may be canceled in respect of one of the directions, if the Transfer between the User and the Carrier was agreed to the round trip route (“there and back”), with the observance of the rules and deadlines for Transfer cancellation established in full in this section.
A change by the User of the essential Transfer conditions (such as the pick-up time, the Transfer route, the number of passengers, vehicle class, etc.) equates to the cancellation of the Transfer initiated by the User, and the Carrier has the right to refuse to perform the Transfer in accordance with the changed conditions. Refund of the Transfer, the essential terms of which have been changed by the Use!
If the Carrier refuses to provide the Transfer, the User has the right to accept the offer of another Carrier or cancel the Transfer.
The funds transferred by the User to the account of the Company as full or partial payment for the Transfer shall be indicated in the User’s Personal Account and available for payment for other Transfers in the following cases:
* the User cancels the Transfer through Personal Account or changes its essential terms before the expiration of the cancellation deadline set during the agreeing of the Transfer conditions (this period ends no later than 48 hours before the agreed pick-up time);
* the Transfer is cancelled before its start by the User due to the Carrier’s failure to comply with the vehicle tracking clause specified in the Offer; or
*the Transfer is cancelled by the Carrier or the Company, excluding the cases when the Transfer was fulfilled by another Carrier.
The request for the return of funds paid as the Transfer Price can be (in case the Transfer Price was paid in physical cash shall be) required by the User directly to the Carrier. The User hereby admits and agrees that the Company accepts funds from the User solely for the purpose of transferring them to the Carriers in order to pay for the Transfers and is not entitled to independently manage such funds, therefore the Company can not make refunds to the User. The Company does not participate in settlement of disputes between the Carrier and the User that are connected with the payment of the Transfer Price by physical cash, including any issues related to complete or partial refund of such amounts to the User.
No payment return (full or prepayment) is allowed in case the User or another passenger on whose behalf the User placed an order does not show up at an agreed place of the Transfer at the pick-up time nor within 60 minutes from the pick-up time agreed at the airports, sea or river passenger port terminals, 30 minutes – at the railway stations, 15 minutes – at all other places from the pick-up time agreed, and 5 minutes – regardless of the agreed pick-up place if the Request for such Transfer was placed in the Service by the User no more than 30 minutes before the agreed the pick-up time, as well as in case the User brought forward for the Transfer Special Cargo which transportation was not agreed or any cargo forbidden to be carried.
5. USER’S REPRESENTATIONS AND WARRANTIES
The User represents and warrants at all times that the User continues to use the Service that:
* the User has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and the User’s obligations contained herein;
* the User’s compliance with this Agreement is lawful and the User’s obligations hereunder are legally binding and valid;
* the User has carefully and thoroughly read and understood this Agreement;
* the User is and has always been compliant with this Agreement;
*in entering into this Agreement the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement;
*all information provided by the User is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Company enters into this Agreement with him in reliance on the representations and warranties set out in this clause.
* all information provided by the User while using Take Transfer Limited Service, including his/her personal data, cookies, etc. may be checked for the purposes of sanctions compliance under the EU regulations following Russia’s military aggression against Ukraine.
6. USER’S ONGOING OBLIGATIONS
The User shall:
* regularly monitor and review any announcements connected with the Service made on the Site;
* purchase and use the Service only for the purposes and in the manner expressly permitted by this Agreement;
* notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect;
*not engage in any activity that interferes with or disrupts the Service in any way;
* be fully responsible for keeping, the information required to access its account (including the password) store such information, ensuring its confidentiality, security, the absence of any distortion and proper control over storage;
* not remove any copyright, trademark or other proprietary notices from any portion of the Service;
* not reproduce, modify, use for compilation, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company;
* not modify, analyze, decompile, decode, restore the source code of the Service or any of its parts except as may be permitted by applicable law;
* not link to, mirror or frame any portion of the Service;
* not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;
* not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;
* not use or reference in any manner the Company’s names, logos, product and service names, trademarks or Service marks;
* not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service;
* observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service;
* on its own behalf obtain and provide at the state border crossing while the Transfer all the documents that are necessary under the laws of such states for the User and all the passengers, and be solely liable for absence or formal incorrectness of such documents.
Hereby the User represents and warrants that nor Company, neither Carrier or the Carrier’s driver that is directly involved in the Transfer performance, can be in any case liable for absence or formal incorrectness of the abovementioned documents of the User and/or any passenger, including the situations when the Transfer cannot be performed or ended due to absence or formal incorrectness of the abovementioned documents;
*provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.
Within 1 months upon the end of Transfer the User may rate the Carrier for the quality of Transfer fulfilment, by indicating from one to five stars in the Service; five stars shall mark the highest rating. In case the Transfer was not fulfilled through the Carrier’s fault, the User may within 30 minutes upon the Transfer agreed starting time indicate the “no-show” mark or inform the support service about the Carrier’s no-show, which gives the Carrier two marks with zero stars each.
7. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
The User hereby accepts that, to the fullest extent permitted by law:
*no warranty is given in respect of the Service or any information provided to the User
* the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:
* any implied warranties of merchantability, fitness for a particular purpose or non-infringement;
* any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;
* any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
8. LIMITATIONS OF THE COMPANY’S LIABILITY
To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:
* any inaccuracy, incompleteness or delay in any information provided to the User;
* any transaction failure which may occur when the User seeks to make payment;
*any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;
* any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);
* termination of this Agreement at any time and for any reason;
* any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;
* any war, riots, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, epidemics, storms, typhoons, floods, lightning, earthquakes and other natural calamities.
The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
The Company shall not be liable for any damages, liability or losses arising out of:
* the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or
* any transaction or relationship between the User and any Carrier, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. The User acknowledges that some Carriers may offer ridesharing (multi-passenger vehicle sharing) or peer-to-peer transportation Service and may not be professionally licensed or permitted.
The Company’s aggregate liability to the User for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the User to the Company in connection with the relevant Transfer.
9. INDEMNITIES
The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss arising from (and any costs incurred in connection therewith):
* any breach of this Agreement;
* the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement;
* infringement of any Company’s or third parties’ intellectual property rights or other laws in connection with the User’s use of the Service and the Site and its contents.
* It is not necessary for expense to be incurred before the indemnity in this clause operates.
10. USER’S CONSENT TO ADVERTISING MESSAGES AND PRIVACY POLICY
The User agrees to receive advertising messages from the Company. The User has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the User received such messages.
The User hereby gives the User’s consent on processing and collection of the User’s personal data to the extent and for the purposes specified in this Agreement and Privacy Policy.
With regards to the personal data protection the Company follows the legislation United Kingdom and the European Union.
11. PROHIBITION OF DISCRIMINATION
Discrimination refers to any distinction, exclusion, restriction or preference in the rights and freedoms of an individual or a group of individuals, as well as support for discriminatory behaviour.
Any discrimination, in particular on grounds of sex, race, colour, ethnic or social origin, genetic traits , Language, religion or belief, political or any other views, membership of a national minority, property status, birth, disability, age or sexual orientation.” The prohibition of discrimination is the basic principle of international law, recognized and actively supported by the entire world community.
When using the Service, the User shall be tolerant and not specify any requirements of a discriminatory nature, in particular the requirement that the transportation Service be provided by a Carrier of a certain sex, race, nationality, sexual orientation. If the User indicates discriminatory requirements, the Company reserves the right to reject the request and terminate the Agreement with the User (block the access to the Personal Account).
12. ASSIGNMENT AND NOVATION
The Company may assign, transfer, novate or otherwise deal in any manner, all or any part of the benefit of this Agreement and any of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the User’s consent and in any way the Company considers appropriate.
The User agrees that it may not transfer any assignee, transferee or any other person who has an interest in this Agreement, any right of set off or other rights that the User has against the Company.
13. TERM AND PROCEDURE OF TERMINATION
Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the User and it without prior notice or need to specify reasons, including if:
* the User has breached any provision of this Agreement or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in this Agreement;
*the Company reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or
* the Company determines that performing its obligations under this Agreement is no longer commercially viable.
The Company will inform the User of such termination by notice in accordance with section 18.
14. WAIVER OF SET-OFF
The User acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the User might otherwise have under this Agreement under the laws of any jurisdiction
15. GOVERNING LAW
This Agreement is governed by and must be construed in accordance with the law of United Kingdom
16. RESOLUTION OF DISPUTES
If there is a dispute between the Parties resulting from, arising out of, or in connection with this Agreement or related to its subject matter, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, and the language to be used in the arbitral proceedings shall be English.
17. THIRD PARTY RIGHTS
Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.
18. NOTICES
18.1. The User agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the User registers to its account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.
18.2. Notices to the Company may be directed to the email address specified on the Site.
19. NO WAIVER
No failure or delay on the part of the Company to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Company of any right, power or remedy.
20. REMEDIES CUMULATIVE
The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers or remedies provided by law.
21. NO RELATIONSHIP
This Agreement does not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.
22. SEVERABILITY
If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This section 22 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.
23. LANGUAGES
This Agreement is made in English. In case of any inconsistency between the English version and any translation, the English version shall prevail.
