1.1In these Terms & Conditions the following definitions apply:
"Booking Payment" means a sum of £1.00 paid by a Customer via the Holler Taxi Mobile Application upon the completion of a Customer journey and that is collected by Holler Taxi;
"Business Day" means a day other than a Saturday, Sunday or bank or public holiday;
"Commission" means an amount equal to[10 % ] of any Customer Payment;
"Confidential Information" means any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential or has been identified as such pursuant to the Contract;
"Contract" means the agreement between Holler Taxi and the Customer for the use of the Services incorporating these Terms & Conditions;
"Controller" shall have the meaning given in applicable Data Protection Laws from time to time;
"Customer" means an individual that has booked a Customer journey via the Holler Taxi Mobile Application;
"Customer Payment" means a sum paid by a Customer via the Holler Taxi Mobile Application upon the completion of a Customer journey and that is collected by Holler Taxi;
"Data Protection Laws" means, as binding on either party or the Services:
(b)The Data Protection Act 2018;
(c)Any laws which implement any such laws; and
(d)Any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
"Data Subject" shall have the meaning in applicable Data Protection Laws from time to time;
"Fee" has the meaning given in clause 4.1;
"Force Majeure" means an event or sequence of events beyond any party 's reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake, pandemic, closures resulting from government mandate or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving Holler Taxi's or its suppliers’ workforce, but excluding the Customer 's inability to pay or circumstances resulting in the Customer's inability to pay;
"GDPR" means the General Data Protection Regulation, Regulation(EU) 2016 / 679;
"Holler Taxi" means Holler Services Ltd incorporated and registered in England and Wales(Company Registration Number: 13007561 whose registered office is situated at 75 a Jacobs Wells Road, Bristol, Avon, United Kingdom, BS8 1 DJ.
"Holler Taxi Mobile Application" means the mobile application allowing the Customer to use the functionality as set out in clause 2;
"Holler Taxi Personnel" all employees, officers, staff, other workers, agents and consultants of Holler Taxi, and any of its sub-contractors who are engaged in the performance of the Services from time to time; and
"Individual Driver" means a sole trader who provides taxi services to Customers;
"Intellectual Property Rights" means copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights and, in each case:
(a)Whether registered or not;
(b)Including any applications to protect or register such rights;
(c)Including all renewals and extensions of such rights or applications;
(d)Whether vested, contingent or future;
(e)To which the relevant party is or may be entitled; and
(f)In whichever part of the world existing;
"International Organisation" has the meaning given in the applicable Data Protection Laws from time to time;
"Order" means a Customer’s order for a Customer journey placed by a Customer via the Holler Taxi Mobile Application taking into consideration the Customer’s GPS location data and requested destination;
"Personal Data" has the meaning given in the applicable Data Protection Laws from time to time;
"Personal Data Breach" has the meaning given in the applicable Data Protection Laws from time to time;
"Processing" has the meaning given to it in applicable Data Protection Laws from time to time(and related expressions, including process, processed, processing, and processes shall be construed accordingly);
"Processor" has the meaning given to it in applicable Data Protection Laws from time to time;
"Protected Data" means Personal Data received from or on behalf of the Customer in connection with the performance of Holler Taxi’s obligations under the Contract;
"Services" means the provision of the Holler Taxi Mobile Application for use by the Customer in accordance with the functionality as set out in clause 2;
"Sub-Processor" means any agent, subcontractor or other third party(excluding its employees) engaged by Holler Taxi for carrying out any processing activities on behalf of the Customer in respect of the Protected Data;
"Taxi Firm" means a company which provides taxi services to Customers;
"Terms & Conditions" means Holler Taxi’s terms and conditions of sale set out in this document;
"VAT" means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the Customer’s use of the Services.
1.2In these Terms & Conditions, unless the context otherwise requires:
1.2.1A reference to the Contract includes these Terms & Conditions, the Order, and their respective schedules, appendices and annexes (if any);
1.2.2Any clause, schedule or other headings in these Terms & Conditions are included for convenience only and shall have no effect on the interpretation of these Terms & Conditions;
1.2.3A reference to a ‘party’ means either Holler Taxi or the Customer and includes that party’s personal representatives, successors and permitted assigns;
1.2.4A reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.2.5A reference to a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
1.2.6A reference to a gender includes each other gender;
1.2.7Words in the singular include the plural and vice versa;
1.2.8Any words that follow 'include', 'includes', 'including', ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.2.9A reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form;
1.2.10A reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under the Contract; and
1.2.11A reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.
2.1These Terms & Conditions apply to and form the Contract between Holler Taxi and the Customer.
2.2These Terms & Conditions supersede any previously issued terms and conditions of purchase or supply.
2.3No variation of these Terms & Conditions or to the Contract, shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of Holler Taxi.
2.4These Terms & Conditions shall be binding on the Customer upon the Customer downloading and installing the Holler Taxi Mobile Application on a mobile device.
2.5The Customer may use the Holler Taxi Mobile Application to:
2.5.1Verify the Customer’s account with Holler Taxi;
2.5.2Submit the Customer’s name, telephone number, e-mail address, student ID number
2.5.3Place an Order for a Customer journey, including by searching for:
(a)Specific type of vehicle;
(b)Specific type of location;
(c)Specific unusual journey;
2.5.4Make any amendments to a Customer journey;
2.5.5Review Customer journey history;
2.5.6Submit a rating for a Taxi Firm and / or Individual Driver in respect of a Customer journey or adding a Taxi Firm and / or Individual Driver to a“ favourites” list;
2.5.7Manage GPS location data, favourite destinations, and home address;
2.5.8Manage friend options available in connection with other Customers, including ride share options, any relevant friend incentive scheme offered by Holler Taxi.For the avoidance of doubt, the Customer acknowledges that the Holler Taxi Mobile Application with require access to the Customer’s contact list saved on the Customer’s mobile telephone, and / or the Customer’s contact list saved on any relevant Customer social media account, in order for the Customer to access this functionality of the Holler Taxi Mobile Application;
2.5.9Manage payment referee options in respect of any Customer Payment and Booking Payment that is not able to be completed by the Customer, including the setting of pre-authorised amounts to be used by Customers or the setting of pre-authorised amounts to be used by multiple Customers;
2.5.10Make payment of any Customer Payment and Booking Payment via the payment referee and notifying such referee of such payment;
2.5.11Upon searching for Customer journeys, select the quickest Customer journey;
2.5.12Upon searching for Customer journeys, select the cheapest Customer journey;
2.5.13Split the Customer Payment with other Customers;
2.5.14Search for friends nearby to split cost of journey;
2.6The Customer is not permitted to engage in the following during any Customer journey;
2.6.2The use of alcohol or drugs;
2.6.3Soiling the vehicle;
3.1In consideration of the Fee paid by the Customer to Holler Taxi in accordance with clause 4, Holler Taxi grants to the Customer a non-exclusive licence to use the Holler Taxi Mobile Application, and the Intellectual Property Rights arising out of or in connection with the Holler Taxi Mobile Application, from the date on which the Customer downloads and installs the Holler Taxi Mobile Application on a mobile device, in accordance with clause 2.4, until the date on which the Contract is terminated.
3.2In relation to scope of use:
3.2.1For the purposes of clause 3.1, use of the Holler Taxi Mobile Application shall be restricted to the normal business purposes of the Customer, which shall not include allowing the use of the Holler Taxi Mobile Application by, or for the benefit of, any person or third party.
3.2.2For the purposes of clause 3.1, "use the Holler Taxi Mobile Application" means loading the Software into temporary memory or permanent storage on the relevant mobile device.
3.2.3The Customer may not use the Holler Taxi Mobile Application other than as specified in clause 3.1 and clause 3.2.1 and clause 3.2.2 without the prior written consent of Holler Taxi, and the Customer acknowledges that additional fees may be payable on any change of use approved by Holler Taxi.
3.2.4The Customer may make backup copies of the Holler Taxi Mobile Application as may be necessary for its lawful use.
3.2.5The Customer has no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Holler Taxi Mobile Application in whole or in part.
3.3For the avoidance of doubt, the Customer may not use Holler Taxi Mobile Application in any manner which would allow the Customer to create any software whose expression is substantially similar to that of the Holler Taxi Mobile Application nor use any information arising out of or in connection with the Holler Taxi Mobile Application in any manner which would be restricted by any copyright subsisting in the Holler Taxi Mobile Application.
3.4The Customer shall not, without the prior written consent of Holler Taxi:
3.4.1Sub-license, assign or novate the benefit or burden of this licence in whole or in part;
3.4.2Allow the Holler Taxi Mobile Application to become the subject of any charge, lien or encumbrance; or
3.4.3Deal in any other manner with any or all of its rights and obligations under the Contract.
3.5Holler Taxi may at any time sub-license, assign, novate, charge or deal in any other manner with any or all of its rights and obligations under this licence, provided it gives written notice to the Customer.
3.6The Customer shall notify Holler Taxi as soon as it becomes aware of any unauthorised use of the Holler Taxi Mobile Application by any person or third party.
3.7Marketing and other promotional material relating to the Services are illustrative only and do not form part of the Contract.
4.1The Fee for the Services shall be calculated as follows:
4.1.1The Customer carries out a search for the required Customer journey;
4.1.2The Customer Payment is calculated in accordance with clause 5 in respect of the required Customer journey specified in the search;
4.1.3The Customer places an Order for the required Customer journey via the Holler Taxi Mobile Application;
4.1.4Upon the completion of placing the Order for the required Customer journey, the Customer Payment shall be pre-authorised via the Customer’s credit / debit card or via Apple Pay or Android Payment connected with the Customer’s account.For the avoidance of doubt, a Customer will not be permitted to complete placing an Order where the Customer has insufficient funds necessary for the Customer Payment, and the Customer acknowledges that any funds necessary for the Customer Payment will be frozen in the Customer’s account and will not be available to the Customer to spend on any third party goods or services until such time as the journey is cancelled;
4.1.5The Customer shall make the Customer Payment and the Booking Payment upon the completion of any Customer journey;
4.1.6Holler Taxi shall collect all Customer Payments and Booking Payments made in respect of the Customer journey;
4.1.7The Fee shall equal the total Commission plus the Booking Payments retained by Holler Taxi, and such retention shall be considered payment of the Fee by the Customer.
4.2The Fee is inclusive of:
4.3The Customer shall pay any applicable VAT to Holler Taxi by way of the Holler Taxi Mobile Application.
4.4Holler Taxi may increase or decrease the Commission at any time.
4.5In circumstances where any monies are due to be paid by the Customer to Holler Taxi further to any Fee, time of payment is of the essence.
5.1Taxi Firms and Individual Drivers shall be able to set out the value of the Customer Payments via:
5.1.1The Holler Taxi Mobile Application; or
5.1.2The Taxi Firm’s or the Individual Driver’s booking system integrated with the Holler Taxi Mobile Application.
5.2Customer Payments will typically be calculated on a pence per mile basis, however the Customer acknowledges that the Taxi Firm or Individual Driver may calculate the Customer Payment based on the Taxi Firm’s or the Individual Driver’s booking system integrated with the Holler Taxi Mobile Application.
5.3Customers shall make payment of the Customer Payment applicable to a Customer journey via the Holler Taxi Mobile Application.
5.4The Customer Payment shall be calculated by the Holler Taxi Mobile Application based on the Customer’s Order for a Customer journey.
5.5In respect of any amendments to a Customer journey, the Taxi Firm or Individual Driver will be able to charge for an additional sum in respect of such amendment via the Holler Taxi Mobile Application, such additional sum will form part of the Customer Payment. For the avoidance of doubt, all such additional sums shall be agreed between the Customer and the Taxi Firm or Individual Driver at the time the Customer requests the amendment to the Customer Journey.
6.1Time is not of the essence in relation to the performance of the Services, including, for the avoidance of doubt, the continuing accessibility of the Holler Taxi Mobile Application.
6.2Holler Taxi shall not be liable for any delay in or failure of performance caused by:
6.2.1The Customer’s failure to: be available at requested pick-up location;
7.1Holler Taxi warrants that the Services shall:
7.1.1Conform in all material respects to any description;
7.1.2Be free from material defects in design, material and workmanship;
7.2Except as set out in this clause 7:
7.2.1Holler Taxi gives no warranty and makes no representations in relation to the Services; and
7.2.2Shall have no liability for their failure to comply with the warranty in clause 7.1, and all warranties and conditions(including the conditions implied by ss 12– 16 of the Supply of Goods and Services Act 1982 and ss 13– 15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.
8.1The Customer shall indemnify, and keep indemnified, Holler Taxi from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Holler Taxi as a result of or in connection with the Customer’s breach of any of the Customer’s obligations under the Contract.
9.1The extent of the parties’ liability under or in connection with the Contract(regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 9.
9.2Subject to clauses 9.5 and 9.6, Holler Taxi’s total liability shall not exceed the sum of £1 / value of any individual Customer Payment.
9.3Subject to clauses 9.5 and 9.6, Holler Taxi shall not be liable for consequential, indirect or special losses.
9.4Subject to clauses 9.5 and 9.6, Holler Taxi shall not be liable for any of the following(whether direct or indirect):
9.4.1Loss of profit;
9.4.2Loss or corruption of data;
9.4.3Loss of use;
9.4.4Loss of production;
9.4.5Loss of contract;
9.4.6Loss of opportunity;
9.4.7Loss of savings, discount or rebate(whether actual or anticipated);
9.4.8Harm to reputation or loss of goodwill, including where such harm to reputation or loss of goodwill is as a result of any negative ratings received by the Customer from any Taxi Firm or any Individual Driver.
9.5The limitations of liability set out in clauses 9.2 to 9.4 shall not apply in respect of any indemnities given by either party under the Contract.
9.6Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
9.6.1Death or personal injury caused by negligence;
9.6.2Fraud or fraudulent misrepresentation;
9.6.3Any other losses which cannot be excluded or limited by applicable law;
9.6.4Any losses caused by willful misconduct.
10.1All Intellectual Property Rights that arise out of or in connection with the Holler Taxi Mobile Application are owned by Holler Taxi.
11.1The Customer shall keep confidential all Confidential Information of Holler Taxi and shall only use the same as required to perform the Contract.
12.1The parties agree that the Customer is a Controller and that Holler Taxi is a Processor for the purposes of processing Protected Data pursuant to the Contract. The Customer shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. The Customer shall ensure all instructions given by it to Holler Taxi in respect of Protected Data (including the terms of the Contract) shall at all times be in accordance with Data Protection Laws.
12.2Holler Taxi shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws and the terms of the Contract.
12.3The Customer shall indemnify and keep indemnified Holler Taxi against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by the Customer of its obligations under this clause 12.
12.4Holler Taxi shall:
12.4.1Only process (and shall ensure Holler Taxi Personnel only process) the Protected Data in accordance with schedule 1 and the Contract (and not otherwise unless alternative processing instructions are agreed between the parties in writing) except where otherwise required by applicable law (and shall inform the Customer of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest); and
12.4.2Without prejudice to clause 12.1, if Holler Taxi believes that any instruction received by it from the Customer is likely to infringe the Data Protection Laws it shall promptly inform the Customer and be entitled to cease to provide the relevant Services until the parties have agreed appropriate amended instructions which are not infringing.
12.5Taking into account the state of technical development and the nature of processing, Holler Taxi shall implement and maintain the technical and organisational measures set out in Part 2 of schedule 1 to protect the Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.
12.6Holler Taxi shall:
12.6.1Not permit any processing of Protected Data by any agent, subcontractor or other third party (except its or its Sub-Processors’ own employees in the course of their employment that are subject to an enforceable obligation of confidence with regards to the Protected Data) without the written authorisation of the Customer;
12.6.2Prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under this clause 12 that is enforceable by Holler Taxi and ensure each such Sub-Processor complies with all such obligations;
12.6.3Remain fully liable to the Customer under the Contract for all the acts and omissions of each Sub-Processor as if they were its own; and
12.6.4Ensure that all persons authorised by Holler Taxi or any Sub-Processor to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential.
12.7The Customer authorises the appointment of the Sub-Processors as required by Holler Taxi to carry out the Services and as notified to the Customer from time to time.
12.8Holler Taxi shall (at the Customer's cost):
12.8.1Assist the Customer in ensuring compliance with the Customer’s obligations pursuant to Articles 32 to 36 of the GDPR(and any similar obligations under applicable Data Protection Laws) taking into account the nature of the processing and the information available to Holler Taxi; and
12.8.2Taking into account the nature of the processing, assist the Customer(by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of the Customer’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR(and any similar obligations under applicable Data Protection Laws) in respect of any Protected Data.
12.9Holler Taxi shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the United Kingdom or to any International Organisation without the prior written consent of the Customer.
12.10Holler Taxi shall, in accordance with Data Protection Laws, make available to the Customer such information that is in its possession or control as is necessary to demonstrate Holler Taxi's compliance with the obligations placed on it under this clause 16 and to demonstrate compliance with the obligations on each party imposed by Article 28 of the GDPR (and under any equivalent Data Protection Laws equivalent to that Article 28), and allow for and contribute to audits, including inspections, by the Customer (or another auditor mandated by the Customer) for this purpose (subject to a maximum of one audit request in any 12 month period under this clause 12.10).
12.11Holler Taxi shall notify the Customer without undue delay and in writing on becoming aware of any Personal Data Breach in respect of any Protected Data.
12.12On the end of the provision of the Services relating to the processing of Protected Data, at the Customer’s cost and the Customer’s option, Holler Taxi shall either return all of the Protected Data to the Customer or securely dispose of the Protected Data (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law requires Holler Taxi to store such Protected Data or in connection with clause 14.5. This clause 12 shall survive termination or expiry of the Contract.
12.13The Holler Taxi Mobile Application will make use of location data sent from the Customer’s mobile devices.The Customer can turn off such functionality at any time by turning off the location services settings for the Holler Taxi Mobile Application on the Customer’s mobile devices.If the Customer uses the Services, the Customer consents to Holler Taxi and Holler Taxi’s affiliates 'and licensees' transmission, collection, retention, maintenance, processing and use of the Customer’s GPS location data and queries to provide the Services and improve location-based and road traffic-based products and services.
13.1A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
13.1.1Promptly notifies the other of the Force Majeure event and its expected duration; and
13.1.2Uses best endeavours to minimise the effects of that event.
13.2If, due to Force Majeure, a party:
13.2.1Is or shall be unable to perform a material obligation; or
13.2.2Is delayed in or prevented from performing its obligations for a continuous period exceeding 14 days or total of more than 30 days in any consecutive period of 60 days; the other party may, within 30 days, terminate the Contract on immediate notice/the parties shall, within 30 days, renegotiate the Contract to achieve, as nearly as possible, the original commercial intent.
14.1The Customer may terminate the Contract at any time by uninstalling the Holler Taxi Mobile Application from the Customer’s mobile device.
14.2Holler Taxi may terminate the Contract with 20 Business Day’s notice.
14.3Holler Taxi may terminate the Contract at any time by giving notice in writing to the Customer if:
14.3.1The Customer commits a material breach of the Contract and such breach is not remediable;
14.3.2The Customer commits a material breach of the Contract which is not remedied within  Business Days of receiving written notice of such breach;
14.3.3The Customer has received consistently poor Taxi Firm or Individual Driver ratings as decided by Holler Taxi in its sole discretion; or
14.3.4The Customer has failed to pay any amount due under the Contract on the due date and such amount remains unpaid within 14 Business Days after Holler Taxi has given notification that the payment is overdue.
14.4Termination or expiry of the Contract shall not affect any accrued rights and liabilities of Holler Taxi at any time up to the date of termination.
14.5Upon termination or expiry of the Contract, all Customer data and any relevant Protected Data shall be deleted by Holler Taxi, save in connection with any Customer data and any relevant Protected Data required to identify the Customer and prevent the Customer from resuming use of the Holler Taxi Mobile Application where the Contract has been terminated in accordance with clause 14.3.
14.6For the avoidance of doubt, in the event that the Customer has been excluded from receiving services from a Taxi Firm or an Individual Driver as a result of poor Taxi Firm or Individual Driver ratings, the Customer may communicate directly with the Taxi Firm or the Individual Driver to reinstate the Customer’s receipt of services from such Taxi Firm or Individual Driver.
15.1Any notice given by a party under these Terms & Conditions shall:
15.1.1Be in writing and in English;
15.1.2Be signed by, or on behalf of, the party giving it(except for notices sent by e-mail); and
15.1.3Be sent to the relevant party at the address set out in the Contract.
15.2Notices may be given, and are deemed received:
15.2.1By hand: on receipt of a signature at the time of delivery;
15.2.2By Royal Mail (Signed) post: At 9.00 am on the second Business Day after posting;
15.2.3By Royal Mail (International Tracked & Signed) post: At 9.00 am on the fourth Business Day after posting; and
15.2.4By fax: On receipt of a transmission report from the correct number confirming uninterrupted and error-free transmission; and
15.2.5By e-mail [provided confirmation is sent by first class post]: On receipt of a delivery/read receipt e-mail from the correct address.
15.3Any change to the contact details of a party as set out in the Contract shall be notified to the other party in accordance with clause 15.1 and shall be effective:
15.3.1On the date specified in the notice as being the date of such change; or
15.3.2If no date is so specified, 10 Business Days after the notice is deemed to be received.
15.4All references to time are to the local time at the place of deemed receipt.
15.5This clause does not apply to notices given in legal proceedings or arbitration.
16.1Unless stated otherwise, time is of the essence for any date or period specified in the Contract in relation to the Customer’s obligations only.
17.1The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
17.2Each party acknowledges that it has not entered into the Contract in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract.No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
17.3Nothing in these Terms & Conditions purports to limit or exclude any liability for fraud.
18.1No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Terms & Conditions and is duly signed or executed by, or on behalf of, Holler Taxi.
19.1The Customer may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without Holler Taxi’s prior written consent, such consent not to be unreasonably withheld or delayed/which it may withhold or delay at its absolute discretion.
20.1Holler Taxi shall be entitled to set-off under the Contract any liability which it has or any sums which it owes to the Customer under the Contract or under any other contract which Holler Taxi has with the Customer.
20.2The Customer shall pay all sums that it owes to Holler Taxi under the Contract without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
21.No partnership or agency
21.1The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party's behalf.
22.1The Customer recognises that any breach or threatened breach of the Contract may cause Holler Taxi irreparable harm for which damages may not be an adequate remedy.Accordingly, in addition to any other remedies and damages available to Holler Taxi, the Customer acknowledges and agrees that Holler Taxi is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
23.1If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
23.2If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
24.1No failure, delay or omission by Holler Taxi in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
24.2No single or partial exercise of any right, power or remedy provided by law or under the Contract by Holler Taxi shall prevent any future exercise of it or the exercise of any other right, power or remedy by Holler Taxi.
25.1The Customer shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract.
26.1Except as expressly provided for in these Terms & Conditions, a person who is not a party to the Contract shall not have any rights under the Contracts(Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
27.1The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
28.1The parties 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, the Contract, its subject matter or formation(including non-contractual disputes or claims).
Data processing details
Processing of the Protected Data by Holler Taxi under the Contract shall be for the subject-matter, duration, nature and purposes and involve the types of personal data and categories of Data Subjects set out in this Part 1 of schedule 1.
Any and all information provided by the Customer for the purposes of Holler Taxi and the Customer carrying out the parties’ respective obligations in accordance with these Terms & Conditions.
The duration of the Contract.
The collection, recording, organisation, storage, retrieval, erasure and destruction of Protected Data for the purposes of Holler Taxi and the Customer carrying out the parties’ respective obligations in accordance with these Terms & Conditions.
Name, address, telephone number of the Customer, and any and all information provided by the Customer.
1.Holler Taxi shall implement and maintain the following technical and organisational security measures to protect the Protected Data:
1.1In accordance with the Data Protection Laws, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of the Protected Data to be carried out under or in connection with the Contract, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Protected Data transmitted, stored or otherwise processed, Holler Taxi shall implement appropriate technical and organisational security measures appropriate to the risk, including as appropriate those matters mentioned in Articles 32(1)(a) to 32(1)(d)(inclusive) of the GDPR.
1.2The Customer acknowledges and agrees that Holler Taxi engages a third party service (“Stripe”) for the storage of Protected Data, and accordingly, the Protected Data is stored on servers within the United Kingdom.