JUMPYN TERMS OF BUSINESS FOR CAB OPERATORS AND DRIVERS
and Terms of Website
Use tells you information about us and the legal terms and conditions ("Terms") on which we provide services ("Services") through our website www.jumpyn.com
("our site") to you.
Please read these Terms carefully and make sure that you understand them, before setting up an account with us and accepting bookings through our site. Please note that before registering on our site, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to set up an account with us.
We amend these Terms from time to time and will notify you by email if this happens.
1. INFORMATION ABOUT US
1.1. We are Jumpyn Ltd a company registered in England and Wales. Our company registration number is 10190353 and our registered office is at Greenwood House, Greenwood Court, Skyliner Way, Bury St. Edmunds, Suffolk, United Kingdom, IP32 7GY.
1.2. You may contact our customer service team by e-mailing us at [email protected]
If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 12.
2. USE OF OUR SITE
2.1. Your use of our site is also governed by our Terms of Website Use
. Please take the time to read these, as they include important terms which apply to you.
3. OUR SERVICE
3.1. We provide an online service which allows potential passengers to compare private hire fares by using the search facility and then book a journey. The search facility allows passengers to receive system generated prices for local and long distance journeys and then request a fixed price from a selection of Jumpyn approved Cab Partners.
4. HOW WE ACCEPT BOOKINGS
4.1. Each booking you are awarded and any Services you will receive from us will be governed by these Terms.
4.2. You can apply to become a cab partner if you are an Independent Member or a Corporate Member, both of which we refer to in these Terms as a “Cab Partner
”. An “Independent Member
” means a sole trader, partnership or corporate entity which is not engaged with a private hire company. A “Corporate Member
” means a sole trader, partnership or corporate entity which employs or engages drivers under a contract of employment or a contract for services for passenger transformation (“Drivers
4.3. Our site will guide you through the steps you need to take to set up your account and accept bookings. You will register a free account on the Cab Partners page and complete your profile. Information we require includes your name, company name, private hire operators license number, local licensing authority, mileage rates for your vehicles, your operating area and a good description of the service you offer, we will require bank details (Payment details form sent to you) and any other information from time to time. Within the Cab Partners account are the facilities you need to bid on journeys generated by registered passengers and receive confirmation and information on accepting a job. We will email you to keep you updated on all aspects of a journey you have bid on.
4.4. If you make a bid for a journey and your bid is accepted, we will send you an e-mail confirmation.
4.5. We are not promising any minimum business through our Service or that you will receive any fares at all.
5. YOUR OBLIGATIONS
5.1. Once your bid for a journey has been accepted, you will have entered directly into a contract with the passenger for the provision of passenger transport services and will be legally bound to pick up the passenger at the agreed location and drive them to their desired destination within the time period identified in the booking confirmation email.
5.2. If a passenger is not present when you arrive to pick them up you must take all reasonable steps to locate the passenger by using the contact information given when the booking was made. If the passenger cannot be located it is at your discretion as to how long you wait.
5.3. You as a Cab Partner shall, and, where you are a Corporate Member, will procure that your Drivers shall:
5.3.1. perform your obligations to us and your passengers using reasonable care and skill and in accordance with best industry practice and all applicable laws and regulations;
5.3.2. ensure that all vehicles and drivers are and remain licensed by the relevant local authority;
5.3.3. have a valid Disclosure and Barring Service Certificate;
5.3.4. have valid and appropriate insurance for the vehicle in which you provide passenger transport services;
5.3.5. ensure that all vehicles are correctly taxed;
5.3.6. have valid passenger liability insurance;
5.3.7. ensure that all vehicles are roadworthy and have a valid MOT certificate;
5.3.8. have a valid operator’s licence at all times;
5.3.9. comply with your licensing authority’s code of conduct for licensed drivers; and
5.3.10. contact a passenger as soon as reasonably possible if you (or your Driver) is delayed and to take all reasonable steps to minimise the effect of the delay.
5.3.11. have a valid private hire drivers license at all times.
5.4. When you or your Driver completes a journey you are obliged to update the status of the job as “completed” within your Cab Partner account. Without doing this you will not receive payment.
5.5. If a passenger attempts to place an order with you or your Driver directly rather than through the site you are obliged to direct the passenger to the site. Failure to redirect the passenger and accepting a request would be deemed a breach of these terms and may result in your Cab Partner account being terminated.
6. YOUR CONTRACT WITH THE PASSENGER
6.1. At the point of time your bid for a journey is accepted, a legal contract is created between you and the passenger to transport him from his then current location to the desired destination. We are not party to this contract and disclaim any liability to you in relation to acts or omissions by the passenger, including any liability if the passenger is not at the agreed pick up location, behaves inappropriately or damages your property.
6.2. We do not accept any liability in any way if a passenger is not present at the pick up location.
6.3. If you (or your Driver) are late or cancel a booking, any liability arising from such lateness or cancellation is a matter between the passenger and you and/or your company. We do not accept any liability for your lateness or cancellation and you are to pay any compensation due to the passenger directly to the passenger. We reserve the right to impose a lateness or cancellation charge as detailed at clause 9 below.
6.4. You indemnify us against all loss, damages, liabilities, costs and expenses that we may suffer or incur as a result of:
6.4.1. your (or your Driver’s) performance, non-performance or late performance of the booked journey,
6.4.2. any claim made against us by a passenger as a result of your breach of these Terms, negligence; or
6.4.3. any breach of these Terms.
7. FARES AND BOOKING FEES
7.1. You bid a bespoke price direct to the passenger for their Future Ride listing and, if accepted and paid for we will retain the 10% of the full fare as our non-refundable booking fee (“Booking Fee
7.2. The Jumpyn Search facility is free to use.
7.3. We do not charge VAT for our services.
8.1. When a booking is made through our site, we will collect the payment from the passenger in advance and pay it into the bank account that you registered with us. We will retain the Booking Fee. If the actual fare which is paid to you (or your Driver) by the passenger is greater than the bespoke price which you provided for a booked journey, you are obliged to pay us 10% of the total fare actually received by you (or your Driver) less the amount of the Booking Fee deducted in accordance with clause 8.1. We will send to you an invoice for this amount.
8.2. We will make payment for all journeys which are marked “completed” by you on your Cab Partner account weekly, on or around the 7th,14th, 21st and 28th of each month (“Payment Date
”). If the journey is not marked “completed” then payment will be made on the next Payment Date as long as the journey has been updated to "completed" by you.
9.1. If you or your Driver cancels a booking or is more than 60 minutes late (60 minutes late would be deemed a cancellation) for the pick up of the passenger/s you must notify us of this in your account and let us know by writing to us at [email protected]
and pay a cancellation fee of either:
9.1.1. £35 if over 24 hours before pick up time; or
9.1.2. £70 if under 24 hours before pick up time (“Cancellation Fee
9.2. If we can source a replacement provider then you will be liable for any increase in cost from the original quote.
9.3. If a replacement provider cannot be sourced then the passenger will be notified as such by us and a full refund will be given.
10. OUR LIABILITY
10.1. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation
10.2. Subject to clause 10.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection our Services for:
10.2.1. acts or omissions by passengers;
10.2.2. damage to your property or vehicle;
10.2.3. any loss of profits, sales, business, or revenue;
10.2.4. loss or corruption of data, information or software;
10.2.5. loss of business opportunity;
10.2.6. loss of anticipated savings;
10.2.7. loss of goodwill; or
10.2.8. any indirect or consequential loss.
10.3. Subject to clauses 10.1 and 10.2, our total liability to you in respect of all losses arising under or in connection with these Terms or our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of fares you received from us in the previous 12 months.
10.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services or the site. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An "Event Outside Our Control
" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12. COMMUNICATIONS BETWEEN US
12.1. When we refer to "in writing" in these Terms, this includes e-mail.
12.2. Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms or our Services shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
12.3. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
12.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12.5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1. When we will use your personal information. We will use the personal information you provide to us:
13.1.1. to provide our services to you;
13.1.2. to make payments to you; and
13.1.3. if you agreed to this during the account registration process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2. How we use your information
explains in detail what information about you we collect, how we use it and what rights you have in relation to our processing of your information. In particular, will only give your personal information to third parties where the law either requires or allows us to do so.
14. INDEPENDENT BUSINESS
14.1. Your relationship with us will that of an independent business and nothing in these Terms shall render you an employee, worker, agent or partner of us and you shall not hold yourself out as such.
15. OTHER IMPORTANT TERMS
, the Terms of Website Use
and the details in your booking confirmation constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
, Terms of Website Use
or booking confirmation.
15.3. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
15.4. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.5. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.6. These Terms are between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.7. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.8. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.9. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.10. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
15.11. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.