Your User Agreement
Welcome to the User Agreement for Lastminutecabs.com ("User Agreement"). The services available at http://www.lastminutecabs.com/ are provided by Lastminutecabs ("Lastminutecabs", "we", "us" or "our").
This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.lastminutecabs.com (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.
By agreeing to this User Agreement, you also agree that your use of other Lastminutecabs.com web sites will be governed by the user agreement posted on those other web sites.
If you have any questions about this User Agreement, please refer to our User Agreement Frequently Asked Questions.
We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out in section 6 below.
This User Agreement is effective on 01 March 2006 for new registering users and is otherwise effective on 01 March 2006 for all users registered prior to 22 December 2005.
1. Membership Eligibility.
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Lastminutecabs.com members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
2. User ID
You must choose a User ID and password on completion of registration.
The registered user will be contractually liable for the payment on all transactions made under that User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person.
3. Status of Lastminutecabs.
3.1 Lastminutecabs is neither a taxi operator nor an auctioneer, we only act as an agent for various registered and licensed taxi operators and private hire service providers. Although we are commonly referred to as an online taxi auction web site it is important to realize that we are not a traditional auctioneer. Instead, the Site acts as a venue which allows registered users to offer, sell, and buy taxi or private hire journeys, at any time, from anywhere to anywhere, in a variety of price formats. We do not review listings provided by users, we never possess the journeys offered through the Site and we are not involved in transactions between buyers and service providers. As a result, we have no control over the quality, safety or legality of the journeys listed, the truth or accuracy of the listings, the ability of the service providers (taxi or private hire firm or individual taxi or private hire driver) to offer journeys or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase of any journey is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and service providers (taxi or private hire firm or individual taxi or private hire driver) actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
3.2 Restrictions on Journeys. You must not offer, sell, bid for, or buy any journey for unaccompanied minors, as this venue is not suitable for this type of passenger.
3.3 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Lastminutecabs cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User feedback system will also help you to evaluate the user with whom you are dealing. Please refer to our Sitemap for more information and services.
3.4 Feedback. You must not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site and your other activities on the Site based upon the level of your feedback. If you earn a net feedback rating of -4, your right to use our services will be suspended, and you will be unable to list or bid. Feedback ratings are not designed for any purpose other than for facilitating trading between Lastminutecabs users, and you agree that you shall not market or export your Lastminutecabs feedback rating in any venue other than a Lastminutecabs website. We do not allow you to import feedback from other websites to Lastminutecabs because such feedback does not reflect your reputation within the Lastminutecabs community.
3.5 Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Lastminutecabs (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
3.6 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Lastminutecabs is not responsible for the acts or omissions of users on the Site.
4. Bidding and Buying.
As a buyer, you have a legal obligation to complete a transaction with a seller:
a). if you purchase a journey through one of our fixed price formats; or if you are the highest bidder at the end of an auction-style listing (meeting the applicable maximum or minimum bid or reserve requirements and including any bid that becomes the highest or lowest bid after a valid bid retraction) and your bid is accepted by the service provider or potential customer.
By bidding on a journey you agree to be bound by the conditions of sale included in the journey description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the journey description or departure time after a bid is placed, a clear typographical error is made, or you cannot authenticate the service provider’s identity or service provider is an unlicensed taxi or private hire driver. Please refer to our Bid Retraction Policy for further clarification. As buyer, you must ensure that you are legally able to bid for and buy any journey that you bid for.
5. Listing and Selling.
5.1 Listing Description. If you are a service provider, you must ensure that you are legally able to deliver each journey included in a listing on the Site, and that it is lawful to sell such journey to UK residents or (if the buyer is resident overseas) that it is lawful to sell such journey to a person resident in the buyer's jurisdiction. You must describe your journey on offer and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, relevant to the sale of that journey and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.
5.2 No Cancellation. You as a service provider acknowledge that we will commence supplying our services to you as soon as you have registered and listed a potential journey, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.
5.3 Binding Bids. A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reverse auctions, at or below the maximum price) must complete the transaction with the highest or lowest bidder on completion of the listing, unless: (a) the buyer fails to meet the conditions of the seller's listing (such as payment method); or (b) the seller cannot authenticate the buyer’s identity.
5.4 Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
5.5 Manipulation. You must not manipulate the price of any item or interfere with other user's listing(s). Without limitation, you must not: (a) bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf; (b) contact bidders in a listing where items are listed for sale in order to offer similar items to the bidders in that listing; or (c) make bids or make any payment using a false User ID.
5.6 A Service provider (Taxi or Private Hire Car) may only offer or bid on one contract per journey. Multiple contract occupancy is not permitted. Failure to comply will result in immediate suspension of access to the Site.
6. Fees.
Joining Lastminutecabs.com and bidding on journeys is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We do not charge fees for listing journeys for sale through our Site and when you list an journey you have an opportunity to review and accept the fees that you will be charged on a successful completion. Our fees are described in our Fees and Credits Policy which forms part of this User Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.
6.1 Fees
Lastminutecabs.com will deduct 10% of the final auction or buy it now price on a successful conclusion to a listing
7. V.A.T.
V.A.T. All journeys may be subject to V.A.T. It is the responsibility of individual or company service providers to make provision for and deal with their own V.A.T. obligations as all payments may be liable for V.A.T.
7.1 Invoices for VAT, where applicable, are to be requested from the taxi or private hire service provider.
8. Your Information.
8.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the Lastminutecabs.com service including the registration, bidding, listing or feedback process (including, without limitation, any description of journeys listed), any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
8.2 Restrictions Your Information and your activities on our Site must not:
a). be false, inaccurate or misleading;
b). be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c). infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d). be fraudulent or involve journeys in unlicensed vehicles;
e). be in breach of any applicable laws or regulations (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising);
f). create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
g). link directly or indirectly to services that: (i) are prohibited under this User Agreement; (ii) are concurrently listed for sale on a website other than Lastminutecabs.com (this does not prevent linking to or advertising an Lastminutecabs.com item from another website); or (iii) you do not have a right to link to or include;
h). contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
i). cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
You must not list any journey on the Site (or complete any transaction initiated using the Site) that, by paying to us the final value fee, could cause us to violate any applicable law.
8.3 Licence To enable Lastminutecabs.com to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
8.4 Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Lastminutecabs.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Lastminutecabs.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
8.5 Your Use of Other Users' Information. In order to facilitate interaction among all Lastminutecabs.com community members, our service allows you limited access to other users' contact information. As a seller you have access to contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the contact information of the service provider.
By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an Lastminutecabs.com-related communication or Lastminutecabs.com-facilitated transaction, you may only use such information for: (a) Lastminutecabs.com-related communications that are not unsolicited commercial messages and relate to your genuine participation in an Lastminutecabs.com-facilitated transaction, (b) using services offered through Lastminutecabs.com (e.g. escrow, insurance, postal and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
Lastminutecabs.com and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Lastminutecabs.com employee or a Lastminutecabs.com user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Lastminutecabs.com users, please send an email to the Administration Team via Contact Us.
8.6 Use of Email Tools. You may not use the email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
9. Breach.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your service listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
10. Transfer of Data
We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. The laws on holding personal data in the UK are stringent and Lastminutecabs.com will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.
11. No Warranty.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
12. Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.
13. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
14. Notices.
Unless otherwise explicitly stated, notices to Lastminutecabs.com must be sent by registered mail to Administration Office Lastminutecabs.com
2 1 Inverness Terrace, Broadstairs, Kent, CT10 1QY, United Kingdom and notices to you will be sent to the email address that you provide to Lastminutecabs.com during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
15. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from English law, including laws governing what can be legally offered, sold or purchased. There may be additional legal requirements, relating to (for example) the requirement to hold a Licence to buy or sell certain services relating to transport, or to register a transfer in a Central Registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of transport services. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
16. Dispute Resolution.
Disputes between you and Lastminutecabs.com regarding our services may be reported to Lastminutecabs.com Customer Support.
We encourage you to report all disputes between users to your local licensing authority or law enforcement body.
17. Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
18. Unlicensed Service Providers
Lastminutecabs reserves the right to check the licensing and eligibility of any service provider. Any provider found to be unlicensed will be blocked from the site immediately and reported to the relevant Council Licensing Authority for operating as an unlicensed taxi or private hire provider.
19. General.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Lastminutecabs.com, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Lastminutecabs.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
This Agreement will prevail over any conditions of sale imposed by a seller and our Privacy Policy, Outage Policy, Board Usage Policy, Non-Binding Bid Policy, Listing Policy, Prohibited, Questionable & Infringing Item Policy, and Unpaid Item Policy, are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice.
If you have an additional question about this subject or if you would like to ask a question on another subject, please use the Contact Us page; or write to: -
LastMinuteCabs.com
2/1 Inverness Terrace
Broadstairs
Kent
CT10 1QY
Telephone: Emergency Number 07733 594 847
Copyright © 2006 Lastminutecabs.com. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the Lastminutecabs.com User Agreement and Privacy Policy.