Eye Safe (Rider Module)
Terms and Conditions
Version 2.0 16 January 2019
Section 1 – Introduction
- These Terms and Conditions apply to the use of Your Eye Safe Account.
- Eye Safe is a taxi aggregator, a booking service and a services marketplace providing Riders with a platform from which they can contract with Partner Driver and/or PHV Operators to obtain Taxi Services.
- Eye Safe does not provide Taxi Services itself but instead provides a medium through which Riders may obtain Taxi Services.
- By accepting these Terms and Conditions, You acknowledge that Eye Safe is a software provider providing a platform on which Riders can be connected to Partner Drivers and / or PHV Operators for the purpose of obtaining Taxi Services.
- Eye Safe’s Services are to be used by individuals over 18 years of age.
- Minors between the ages of 14 to 17 years old may only take part in rides when in the company of a parent, guardian or responsible adult is 18 years old or above and who has legally registered to use Eye Safe’s Platform and Services.
- Eye Safe reserve the right to amend and review these Terms and Conditions as they see fit.
Section 2 – Definitions
- “We”, “Us” ,“Our” and “Eye Safe”: Eye Safe Ltd, a company incorporated and registered in England and Wales with company number 10410930 and with its registered main office being at Finchley Mews, Finchley Road, Grays Essex, RM17.
- “You” and “Your”: A Rider who creates an account to access and utilise the E-Hailing And Taxi Aggregator provided by Eye Safe through the Eye Safe Platform.
- Booking Fee: The fee to Riders that might be charged on behalf of a Partner Driver or PHV Operator, every time they request a Taxi Service.
- Business: A sole trader, partnership firm or limited company.
- Cancellation Fee: The fee charged for cancelling a Taxi Service where (1) the Rider has booked a Taxi Service, the cancellation fee shall be calculated as 20% of the total fare estimate or (2) the Rider has booked a PHV Operator Taxi Service, the cancellation fee shall be that determined by the PHV Operator.
- ETA: Estimated Time of Arrival both for the Taxi Service to arrive to the pick-up point and throughout the ride to the arrival to drop off point.
- Eyes: Eyes are tokens that can be used to pay for trips on the Eye Safe Platform and whose value will be equivalent of 1 Eye = 1 Pound Sterling.
- Eye Safe Account: An account that has been opened with Eye Safe by a User which allows him/her to use our Services.
- Eye Safe App: Any of the mobile application modules through which Riders, You and PHV Operators access the Eye Safe Platform.
- Eye Safe Platform: Any part of the Eye Safe App ecosystem provided by Eye Safe to deliver the Service. This includes the set of smart phone and tablet computer applications, the kiosks and the web-based applications.
- Eye Safe website: eyesafe.london and any other websites which may be added in the future.
- Future Booking: The booking of a Taxi Service for pick-up at some time in the future, including any time from 30 mins plus (i.e. in 30 minutes or in 1 hours or in 3 days).
- Hackney Carriage Driver: Any driver who is licensed as a Hackney Carriage and who through use of the Eye Safe Platform can access, accept and complete a Taxi Service which has been requested by a Rider.
- Immediate Booking: The booking of a Taxi Service for immediate pick-up (i.e. not a booking for some point in the future).
- Navigation Route: The suggested journey provided by the Partner Driver and/or PHV Operator.
- Partner Driver: Any private hire driver who is registered with a PHV Operator or Hackney Carriage Driver and who through use of the Eye Safe Platform can access, accept and complete a Ride which has been requested by a Rider.
- PHV Operator: Any licensed taxi operator, through whom a Partner Driver provides their services and who is authorised to utilise Eye Safe’s Platform as a PHV Operator to access to its Services including its the pool of Riders.
- Ride: The provision of a particular ride by either a Partner Driver or PHV Operator to a Rider.
- Rider: Any individual or any business / organisation who creates an account to access and use Taxi Services provided through the Eye Safe Platform.
- Services: The provision of taxi aggregation, taxi E-hailing and taxi booking services via the Eye Safe Platform for the purpose of permitting Riders, Partner Drivers and PHV Operators to connect for the purposes of obtaining and providing Taxi Services.
- Taxi Services: The provision of transportation services by either a Partner Driver or PHV Operator to a Rider.
- User: Any individual or any business / organisation who creates an account and uses the Services via the Eye Safe Platform.
Section 3 – Use of Services
- The Eye Safe Platform is provided to You solely for the purpose of accessing the Services and therefore should not be used for other purposes.
- Upon logging in to the Eye Safe App, You will be able to send a signal to Partner Drivers and PHV Operators when You require a Ride. If Partner Drivers or PHV Operators are in the vicinity and are available to provide a Ride, You will receive a pool of estimated quotes for the cost of the Ride. These quotes may be for the immediate performance of the Rides or for the future provision of the Rides. If You accept a quote, You will be able to contact the Partner Driver or PHV Operator to arrange the Ride. You will be able to see the Partner Driver’s location and You will be able to see them navigate towards the pick-up point. Following pick-up, You will then be able to see the Navigation Route to the destination point. You will have the freedom to instruct the Partner Driver to select a different route from the Navigation Route in order to reach the destination point but note that this may incur higher or lower fees (see Section 9). We will collect the final fees on behalf of the PHV Operator and the partner Drivers.
- You shall not contact Driver Partners and/or PHV Operators for reasons other than for the performance of Taxi Services. If You are found to be irresponsibly using Partner Drivers and/or PHV Operators personal data, Eye Safe reserve the right to remove You from the Eye Safe Platform.
- The Eye Safe Platform is protected by copyright and remains the property of Eye Safe at all times.
- Eye Safe reserve the right to undertake legal action if a User is found to have infringed the copyright protections which are granted to the software by the Copyright, Designs and Patents of Act 1988 and the Intellectual Property Act of 2014.
- Eye Safe reserve the right to revoke Your access to the Eye Safe Platform, including Eye Safe App and the Eye Safe Services at its absolute discretion. This may include where You have breached these Terms and Conditions or where Eye Safe takes the view that Your conduct is unacceptable.
Section 4 – Warranties
- You warrant that the information You have provided to Eye Safe (whether relating to Your own identity, to a family member or to a business) is true and accurate.
- You warrant to pay any financial obligations incurred through use of the Eye Safe Platform including those relating to the provision of Taxi Services.
- You warrant that You will not provide, pass and/or transfer copyright protected details of the Eye Safe Platform, Eye Safe App and its Services and content to any third parties.
Section 5 – Account Types
- There are three types of accounts for Riders as follows:-
- Individual Account: An Eye Safe Account which is created and used by You for Your use of the Eye Safe Platform from which Taxi Services can be obtained.
- Family Account: An Eye Safe Account which is created by You for Your use and that of other family members. If family members are authorised by You, they can order Taxi Services on Your account. You are responsible for the payment Taxi Services if family members use Your account. This type of account provides an option for You to set up:
- Predetermined Taxi Services allowances.
- Spending limits per family member.
In addition, You will be able to receive trip related information and the location of family members whilst using the Taxi Services.
- Business Account: An Eye Safe Account which is created and used by a Business to access the Eye Safe Platform and Services. The Eye Safe Platform offers a facility to link Business Accounts to Your Eye Safe Account for the booking of Taxi Services. This permits Your associated Business to set a predetermined limit which can be billed to a specific company bank account.
Section 6 – General Terms of Service
- Eye Safe is to be used solely as a platform to identify quotes and arrange bookings with Partner Drivers and PHV Operators by providing contact details.
- The quotes that are provided when You contact the Partner Drivers and/or PHV Operators through the Eye Safe Platform shall represent the estimated cost of the ride being offered, subject to the Rider changing the Navigation Route, selecting different “add on” options and selecting particular types of Vehicles/Services which suit their needs.
- When You select a Ride, You will enter into a separate agreement with the Partner Driver and/or PHV Operator and will be subject to their terms and conditions.
Section 7 – Types of Vehicles and Types of Services
- You will be able to request the following types of vehicles to perform their Taxi Services:
- Standard: These vehicles will be standard private hire vehicles.
- Taxi: These vehicles will be Hackney Carriage vehicles.
- Premium: These vehicles will provide a high-end service in luxury cars.
- Executive: These vehicles will be models that are larger vehicles and that provide a higher level of comfort.
- You will also be able to request Taxi Services from these different categories:
- MEye Share: You will be able to make bookings where You will be able to share vehicles and the cost for the ride with fellow passengers travelling in the same direction.
- MEye Lady: Female Riders will be able make bookings for services that are driven specifically by female Partner Drivers.
- MEye XL: You will be able to order this Service when You require the vehicle to be spacious, to be able to carry a larger number of passengers or, if required, to also transport luggage.
- MEye Eco: You will be able to order this Service when You prefer the vehicle to be a hybrid or electric vehicle.
- You will also be able to request the following add-ons to Your Taxi Services:
- Extra Space for Luggage.
- Pet Friendly.
- Child Seats.
- Wheelchair Accessible.
- In ride WiFi.
- Eye Safe gives no guarantee that any of the types of Vehicles, Services or add-ons identified in this Section 7 will be available to Riders.
Section 8 – Payments
- You agree to pay for a Ride either by using Eyes or credit/debit card. If you have set up a preferred payment method (i.e. credit card, debit card or Eye credit), you shall be charged for a Ride through that preferred payment method unless you request otherwise. We are collecting the fees on behalf of the PHV Operators and our Partner Drivers and in accordance with our payment integrator Stripe.(https://stripe.com/payment-terms/legal)
- If You wish to pay by cash, You will be required to pay the Partner Driver in cash immediately when You arrive at Your destination.
- You can purchase “Eyes” to pay for future rides or allocate them to a connected Business Account or Family Account. Eye Safe may send occasionally promotional codes to be redeemed into Eyes. These codes will be valid until the expiration date stated therein.
- You will be able to book rides using Your available Eye balance if it is sufficient to cover the cost of the total estimated fare for the ride. If it is not, You will be required to top up Your account to an amount that covers the estimated fare or pay for that ride with an associated credit/debit card.
- “Eyes” purchased are non-refundable and may only be used to pay for a Ride with Partner Drivers or PHV Operators signed up to the Eye Safe Platform.
Section 9 – Price Displayed Terms of service
- The price quoted and displayed when booking a Ride will be an estimated price, calculated using the per-mile / price-per-minute formula rate provided by the individual Partner Driver or PHV Operator which You select.
- The price quoted and displayed when booking a Ride may increase if You select optional add-on products identified in Section 7.
- The price quoted will provide an estimated overall price which will be subject to clause 52 and 54.
- You acknowledge, understand and accept that requests for the Partner Driver to perform the ride in a manner different from the Navigation Route (i.e. adding additional stops, requiring the driver to wait parked, changing the overall mileage of the trip and making the driver wait for long periods of time), may incur additional charges which were not otherwise accounted for in the original estimated quote.
- You will be charged a non-refundable Booking Fee every time You request a Ride.
- You acknowledge, understand and accept that when you ride with a Hackney Carriage Partner Driver, the final price for the ride will be the one showed by the taximeter in accordance to the local authority’s regulations. The driver will be able to add the final fare, additional fare (toll fees, congestion charges, airport fees, soiling charges). The final fare might be different from the estimated fare showed in your quotation at the beginning of the ride.
Section 10 – Cancellation policies and fees
- When booking a Ride, You shall be able to cancel the booking subject to this Section 10.
- Under any circumstances, if You cancel a Ride, You will be charged a Cancellation Fee.
- If You cancel an Immediate Booking, You will be able to cancel the booking up to but not including 2 minutes (i.e. 1 minutes 59 seconds) without incurring a Cancellation Fee (but note that the Booking Fee will still be charged as per clause 57). If You cancel the booking 2 minutes or later, You will charged a Cancellation Fee.
- If You cancel a Future Booking, You will be able to cancel the booking up to but not including 20% of the time until pick up (i.e. if pick up is in 1 hour, You will have up to but not including 20% of 1 hour – 11 minutes, 59 seconds – to cancel the booking) without incurring a Cancellation Fee (but note that the Booking Fee will still be charged as per clause 57). If You cancel the booking after 20% of the time until pick up, You will be charged a Cancellation Fee.
- The Cancellation Fee will be charged to Your preferred method of payment method.
- If, when You are charged a Cancellation Fee, You do not have either an allocated card payment method or an Eyes credit balance, You will be required to either add a card payment method or top up Your Eyes credit balance to pay the outstanding balance. Until You pay the outstanding balance, Your Eye Safe Account will be suspended. When a new payment method has been added to the App the outstanding balance will be automatically charged.
Section 11 – Child Seats
- If You order a Ride and You require child seats, You are advised to pre-book a Ride at least 4 hours in advance so as to ensure that the necessary arrangements can be made. Eye Safe make no guarantee that Partner Drivers or PHV Operators will be able to provide vehicles with child seats.
- If You travel with children, You will need to bear in mind that You will need to book a Ride that has a child seat as per statutory requirements.
- If You travel with children, You will be responsible for the safety of the child throughout Your use of the Ride and for fitting and securing the child in the seat.
Section 12 – Termination of Eye Safe Accounts
- By accepting these Terms and Conditions You warrant that You will use Your Eye Safe Account in a manner that is both responsible and compliant with the law. This means that:
- You may not provide access to Your personal account to any other persons or third parties.
- Your use of the Eye Safe Platform will not involve the transportation of any unlawful, dangerous and/or hazardous materials or goods.
- You will not intentionally cause any injury or damage, either to the vehicle or the Partner Driver, while using the Eye Safe Platform.
- If You fail to provide a proof of identity to confirm that You are the owner of the Eye Safe Account from which the ride was booked, Eye Safe retain the right, at their absolute discretion, to block access to Your Eye Safe Account.
- Eye Safe reserves the right to revoke the access to Your Eye Safe Account if it finds it is being used in breach of these Terms and Conditions.
- You may terminate your Eye Safe Account by giving us notice in writing at any time. You will remain responsible for any liabilities relating to matters prior to termination.
Section 13 – Loyalty Scheme (MEye Rank)
- You shall be entitled to participate in Eye Safe’s Loyalty Scheme/Reward Programme when you spend money on the Eye Safe App and undertake Eye Safe App improvement actions such as reporting issues, rating Partner Drivers / PHV Operators and providing feedback.
- After reaching certain thresholds, will allow You to unlock benefits and promotions available under different ranks.
- You will be able to see the benefits available on Your Eye Safe Account under the MEye Rank tab. Your benefits will be based on Your current rank.
- The above may be subject to changes at any time as determined by Eye Safe in their absolute discretion.
Section 14 – Eye Safe Support
74. When using Eye Safe, You will be able to contact the following support channels to deal with any issues relating to Your use of Your Eye Safe Account, Services and Taxi Services. This may include:
- Circumstances whereby You cannot find Your Partner Driver when making a booking. In this case, you will be allowed to message the Partner Driver or PHV Operator through the Eye Safe App to clarify the pick-up location.
- Circumstances whereby You cancel a Ride. You will be able to do so on your Eye Safe Account and reviewing Your booking. Depending on the conditions in which this cancellation occurs, You may be charged a Cancellation Fee (see Section 10 for further information).
- If You encounter a software problem, You should contact the Eye Safe support team on firstname.lastname@example.org or through their official social media channels (Twitter and Facebook).
Section 16 – Limitation of Liability
- Eye Safe shall not be liable to Riders for:
- Any theft or loss of their property or another person’s property during a Ride booked and accepted through Eye Safe.
- Any booking of a Ride that has not been accepted.
- Any losses that could not have been reasonably expected from the breach or negligence of these Terms and Conditions.
- Any loss, cost, damage, expenses or liabilities suffered by any person other than the Rider, resulting from the Rider’s use of Eye Safe.
- Any losses, costs, damages, expenses or liabilities that result from the Rider using Eye Safe, (including loss of revenue, profits, opportunity, employment or business) regardless of such liabilities being or not being reasonably expected to result from Eye Safe’s negligence or breach of these Terms and Conditions.
- Any loss, cost, damage, expense or liability that affects the Rider resulting from the use of Eye Safe Services.
- Eye Safe does not exclude or limit in any way their liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Section 17 – Taxi Services Regulatory Compliance
- Your Taxi Services via Eye Safe are provided by Partner Drivers and PHV Operators who possess the required licenses and licensing requirements to perform the Service under the Private Hire Vehicles Act of 1998, the London Hackney Carriages Act of 1843, the London Cab Order of 1934, the Local Government (Miscellaneous Provisions) Act of 1976 and with other related local government regulations with their respective amendments as appropriate.