terms of service

User Terms And Conditions

DEFINITIONS

“Channel/s” shall mean the following proprietary media employed to conduct the day to day business of the company; "Hire App" means the software application and related services provided by Advance Cars to you pursuant to terms and conditions set forth in its terms and conditions. "Website/s" shall mean heathrow-airport-transfers.net, advancecars.org. “Telephone” shall mean both land based and mobile device/s to conduct the transfer of data. “E-mail” shall mean the established online electronic transfer of messages used by Advance Cars to conduct its day to day business.

"Booking Service/s" means the services set forth, which shall be provided to you by Advance Cars.

“Service/s” Shall mean the assistance of the transportation of person/s, belongings material/s or otherwise qualifying item/s, goods as per the discretion of the service provider in accordance with current movement of goods legislation of England and Wales.

”Customer”, “Client”, “user”, “you” and “your” shall mean any individual, in a capacity as personal or otherwise, accessing, interacting and using the company’s “channel/s” to make a request to use a service/s or to assist in fulfilling the service/s as offered by the company via the channel/s.

“The Company” Shall mean Advance Cars Cedar House Eastheath Avenue Wokingham RG41 2PR

“Operator” Shall mean any service provider as defined by these terms and conditions who duly hold the necessary licence to operate as a service provider as per the terms and conditions of the services offered by the company.

“driver/s”

Shall mean one or both of the following;

(1)self-employed this term shall mean any individual registered with Her Majesty’s Revenues And Customs as a self-employed individual and licensed by a local authority as a private hire driver, hackney carriage driver, dual driver or Private Hire School and Community Services Driver or same like interoperation by a licensing authority of the type of licensing titles mentioned beforehand in this paragraph, who uses the channel/s offered by the Company, to avail themselves together with an appropriately qualifying vehicle and offer their use to carry out services as per the company service offerings on a self-employed basis.

(2)Employed, shall mean any individual being licensed by a local authority as a private hire driver, hackney carriage driver, dual-driver or Private Hire School and Community Services Driver or same like interoperation by a licensing authority of the type of licensing titles mentioned beforehand in this paragraph who uses the channel/s offered by the Company to conduct the supply portion of the service offerings of the company and is directly employed by the company by way of an employment contract as per a defining contract.

"Booking Service/s” or “booking" means the service/s offered by the company, which shall be offered to you as per the said terms and conditions.

"PHV" means private hire vehicle.
"HCV" means hackney carriage vehicle.
“PHS&CSV” means Private Hire School and Community Services.

“Vehicle” shall mean a suitably fit for purpose vehicle licensed by a local licensing authority in accordance with that local authority’s licensing policy.

"Service provider” or “Transportation Provider" means a provider of transportation services, including any drivers licensed to carry out the services offered by the company.

“Dispatche/r” shall mean the means of allocation of bookings, automated or otherwise, that the company has received and accepted instruction. The Dispatcher has access to the driver/s to perform this action so as to fulfil the company’s obligation.

GENERAL CONDITIONS OF USE AND SALE
Article 1:object
The present "general conditions of use and sale" are intended to provide a l framework for the procedures for making the company’s service offerings available and for applying them.

"Channel/s" and their use by the "Client" and by the "Driver". The general conditions of use and sale must be accepted by any user wishing to access the various media made available by the Company primarily the channel/s. They constitute the accepted understanding between the Company and the user.

Access to channel/s by the user means the users acceptance of these terms and conditions of use and sale. In case of non-acceptance of the general conditions of use and sale stipulated in these terms and conditions, the user must renounce access to the services offered by the Company.

The Company reserves the right to modify unilaterally and at any time the content of these general conditions of use and sale. The Company proposes "Client" and "driver" that it will designate, its services of putting in relations with drivers ("driver") with a view to transporting them to the destination communicated (hereinafter the "Service").

ARTICLE 2: Legal notice – The channels are the property of Advance Cars Cedar House Eastheath Avenue Wokingham RG41 2PR

ARTICLE 3:: Access to service/s channel/s is free of charge anywhere, at any time, to the "Customer" and the "Driver" with Internet access.

All costs incurred by the “driver(1)”to access the service (hardware, software, Internet connection, etc.) are their responsibility.

All costs incurred by the “driver(2)”to access the service (hardware, software, Internet connection, etc.) are the company’s responsibility.

The Channel/s of service offerings are accessed by the user by registering as per the channel/s requirement which are requested as per the process of registration.

The unregistered user does not have access to the services reserved for "Customers" and "Drivers".

The Company implements all the means at its disposal to ensure quality access to its services. Any event due to a case of force-majeure (unforeseeable circumstances that prevent the company from fulfilling its contract) resulting in a malfunction of the network, the server or the channel/s of service does not engage the responsibility of the Company. Access to the services via the channel/s may at any time be interrupted completely or partially, suspended, modified without notice for maintenance or for any other requirement. The "Customer" or the "Driver" undertakes not to claim any compensation following the interruption, suspension or modification of this contract.

The Company undertakes to restore services and access to them as soon as technically feasible. In this situation, the "Customer" and the "driver" will be informed punctually about the progress and the estimated timeframes for the restoration of the services.

ARTICLE 4: Intellectual Property

Brands, logos, signs, photos, images, and other site content and applications are protected by the Intellectual Property Code and more particularly by copyright. The "Customer" and the "driver" must request the prior authorization of the Company for any reproduction, publication, copy or dissemination of the different contents. The "Customer" and the "Driver", undertake to use the content of the channel/s strictly limited to inline with the business of the company. Use of the content for unauthorized commercial purposes is strictly prohibited. Any content posted by the "Customer", the "driver" is their sole responsibility. The "Client" and the "Driver" undertake not to put on line content that may be harmful to interests of the Company or third parties in any or form. Any legal action taken by an aggrieved third party against the channel/s will be borne by the "Customer" or the "driver", who engaged in actions to bring about the circumstance. The content published by the "Customer" or the "Driver", may be at any time and for any reason deleted or modified, and without these receiving any justification and notification prior to the deletion or modification of this published content.

ARTICLE 5: Personal Data

The information requested when registering for the site or application, is necessary and mandatory for the creation of the account "Customer" or "driver".

The Company assures the "Customer" and the "driver", the collection and processing of personal information is in accordance with the company’s privacy policy.

ARTICLE 6: Liability and force-majeure

The sources of information disseminated on the channels are deemed reliable. However, the "Customer" and the "Driver" alone assume full responsibility for information and content they publish. The "Customer" and the "Driver" make sure to keep their username and password secure. Any disclosure of identifier and password, regardless of its form, is prohibited. The "Customer" and the "Driver" assume the risks associated with the use of their username and password. The Company declines all responsibility. Any use of the service by the "Customer" or the "Driver" directly or indirectly resulting in detriment to the company the responsible party will be held responsible and will be made liable as to compensate the Company as a result of such actions. An optimal undertaking of the security and confidentiality of the transmitted data is ensured by the Company. The company undertakes to implement all necessary means to ensure the adequate security and confidentiality of data. The responsibility of the Company is limited to the relationship of the "Customer" or "driver". The Company's responsibility cannot be held liable in case of force-majeure or the fact of unpredictable and insurmountable actions by a third party. The Company informs the "Client" and the "Driver" that it may occasionally, in certain cases, resort to partner networks to ensure its service delivery.

ARTICLE 7-1: reservation in advance

The Company undertakes to make every effort to find a driver available to respond to reservations in advance. If, however, the Company fails to satisfy the request, it undertakes to inform the "Client" or the "Driver", at least 20 minutes before the appointment time of the care, of its incapacity of material to satisfy the request. It is then up to the user to make alternative plan/s or to renew their request for alternatives available via the service channel/s.

The "Customer" or the "driver" is notified directly via the service channels/s of the unavailability of a means to fulfil its obligation/. The system of allocating the "drivers” being automatic, the Company cannot be held responsible if the "Customer" or the "driver" is not connected to the service channel/s to be notified of the unavailability of service/s.

ARTICLE 7-2: Immediate request

The Company undertakes to make every effort to find a driver available to meet the immediate demand. The "Customer" or “Driver" is immediately notified if a "Driver" matching the criteria of the immediate request, is available or not (about 5 minutes delay). In case of no availability, the "Customer" or the "driver" can renew their request a few minutes later in case a driver is released. If "Drivers" are available, the application will indicate for each of them the approximate time it will take for it to arrive at the position of "Customer".

ARTICLE: 7-3 Liability and obligations of "Customer"

The "client" agrees to:
- provide accurate information regarding their identity, Email, mobile number, addresses for the places of departure and arrival,
- indicate the desired option (s) for transport,
- the type of vehicle desired,
- the means of payment envisaged,
- indicate the precise date and time for the desired service,
- be connected to the service channel/s at least two hours before the scheduled appointment time, for requests made in advance,
- keep your phone connected to the application after the immediate request,
- keep your phone connected to the service channel/s for the duration of the journey (both for the immediate request and for the request in advance)

The "client" is liable to the "Driver" for any damage/s caused to the service provision mechanism/s during the journey. The user is liable for compensation befitting the damage and its repercussions.

ARTICLE: 7-4: Liability and obligations of "driver"

The "driver" is committed to all requests for transport that it broadcasts, to:
- provide accurate information regarding his identity, Email, mobile number,
- communicate the address for the places of departure and arrival of the client,
- indicate the desired option (s) for the transport of the client,
- specify the type of vehicle desired by the client,
- indicate the means of payment envisaged for the client,
- the driver must specify the precise date and time for which the client requires a service/s,
- he must communicate to the client the necessary information so the client can verify the allocated vehicle. For this the driver sends the client in advance, the reservation number, the registration of a taxi vehicle as well as the driver's telephone number,
- reply to the "Driver" when contacting him,
- also communicate the telephone number of his client to the "Driver" who performs the transport,

ARTICLE 7-5: Cancellation

The "Customer" or "driver" may cancel a reservation in advance via the service channel/s only as long as a "Driver" is not assigned to the journey.
If the "Customer" wishes to cancel a booking while a “Driver" is already assigned to it, and the latter is on the way to go to point of care, the "Customer" must immediately contact the "Driver" by telephone to inform him of the cancellation and to discuss next possible course of action.
The "Driver" can ask if he wishes to be compensated for the time lost and the distance travelled.
Any cancellation not communicated by the "Customer" will make the customer liable to the estimated amount of the journey.
In addition, in this case, depending on the severity of the situation, the "Customer" account may be temporarily suspended or Permanently closed.

ARTICLE 8: Evolution of the contract

The Company reserves the right at any time to modify the clauses stipulated in this contract.

ARTICLE 9: Duration

The duration of this contract is indefinite. The contract has effect with regard to the "Customer" from the first use of the service.

ARTICLE 10: Publication

The site and the application allow the "Customer" to publish service requests and comments to evaluate the quality of the journeys performed. In their publications, the latter undertake to respect the rules of the Netiquette and the rules of law in force. The Company will exercise a moderation on evaluations and reserves the right to refuse to put them online, without having to justify them to "Customer" or "Driver".

ARTICLE 11: Applicable Law and Jurisdiction

English law applies to this contract.

Terms and Conditions Part 1 – Booking Service Terms 1. DEFINITIONS.

"Booking Services" means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by Advance Cars. "PHV" means private hire vehicle. "HCV" means hackney carriage vehicle. "Transportation Provider" means a provider of transportation services, including any drivers licensed to carry out private hire bookings in accordance with the Legislation. "Hire App" means the software application and related services provided by Advance Cars to you pursuant to terms and conditions set forth in Part 2. "Website/s" means = heathrow-airport-transfers.net, advancecars.org. 2. PHV REGULATIONS. Local Government (Miscellaneous Provisions) Act 1976 (the "1976 Act") and any related local government regulations pertaining to the operation of private hire vehicles (all together, the "Legislation"), a booking made by you can only be accepted by a person that holds a relevant operator's licence. . In respect of the 1976 Act Advance Cars is the holder of the operators licence. 3. THE PROVISION OF BOOKING SERVICES BY ADVANCE CARS. Advance Cars provides to you certain booking services (the "Booking Services"). The Booking Services include: 1. Accepting bookings requested by you (which include bookings requested in advance by you using the “scheduled ride" function in the hire app) in accordance with sub-paragraph 4 below, but without prejudice to Advance Cars rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking; 2. Identifying suitable Transportation Providers; 3. Keeping records of bookings; 4. Remotely monitoring trips booked using the Hire App; 5. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Advance Cars, which may be made by email: support@advancecars.org. You are encouraged to provide your feedback if any of the transportation services provided to you by a Transportation Provider do not conform to your expectations; and 6. Managing any lost property queries relating to bookings accepted by Advance Cars, in each case in accordance with any relevant provisions of the Legislation. Pursuant to, and for the purposes of the Legislation, Advance Cars accepts bookings at its registered address and/or operating centre and is subject to all statutory and regulatory obligations and liabilities with respect to that activity. 4. YOUR TRANSPORTATION CONTRACT WITH A TRANSPORTATION PROVIDER. Advance Cars is not a Transportation Provider and does not provide transportation services. Transportation services are provided to you under a contract (the "Transportation Contract") between you and the Transportation Provider that is identified to you in the booking confirmation provided by Advance Cars. The Transportation Provider may be licensed in an area other than where the booking is requested or the transportation services are provided. Advance Cars is not a party to the Transportation Contract and acts as a disclosed agent for the Transportation Provider in communicating the Transportation Provider's agreement to enter into the Transportation Contract. 5. PAYMENT. The Booking Services are provided by Advance Cars to you free of charge. Advance Cars reserves the right to introduce a fee for the provision of the Booking Services. If Advance Cars decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Hire App at your option. The rates that apply for the transportation services provided by the Transportation Provider can be found on the Website and through the Hire App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services. 6. LIMITATION OF LIABILITY. To the extent permitted by applicable law, Advance Cars will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by Advance Cars; a. any booking that has not been accepted; b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Hire App; c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions; d. any loss relating to your business or the business of your employer or any other person; e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that Advance Cars fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services. g. If Advance Cars is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to £250 in aggregate. Nothing in these Terms and Conditions will limit or exclude Advance Cars liability to you for personal injury or death caused directly by Advance Cars negligence. 7. APPLICABLE LAW. The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales. Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales. Part 2 – Terms of Use These Terms of Use (“Terms”) apply to your visit to and your use of the Website and the Hire App as well as to all other information, recommendations and/or services provided to you on or through the Website and the Hire App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above. However, defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified. 1. Contractual Relationship These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications (including the Hire App), websites, content, products, and services (the “Services”) made available by Advance Cars In relation to PHV Bookings, the Services enable you to access the Booking Services provided by Advance Cars described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Advance Cars. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Advance Cars may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason Advance Cars will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, Advance Cars reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in Advance Cars opinion, any delay in such termination would expose Advance Cars or a third party to significant risk of harm or damage. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Advance Cars may amend the Terms related to the Services from time to time. Amendments will be effective upon Advance Cars posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in Advance Cars Privacy and Cookie Policy. Advance Cars may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a Transportation Provider) and such information or data is necessary to resolve the complaint, dispute or conflict. 2. The Services The Services constitute a technology platform that enables users of Advance Cars mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule transportation, logistics, delivery, and/or vendor services with independent third party providers of such services, including independent third party transportation providers (including Transportation Providers as defined in Part 1), independent third party logistics and/or delivery providers under agreement with Advance Cars or certain of Advance Cars affiliates, and/or independent vendors such as restaurants (“Third Party Providers”). Unless otherwise agreed by Advance Cars in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT ADVANCE CARS DOES NOT PROVIDE TRANSPORTATION, LOGISTICS, DELIVERY OR VENDOR SERVICES OR FUNCTION AS A TRANSPORTATION PROVIDER OR CARRIER AND THAT ALL SUCH TRANSPORTATION, LOGISTICS, DELIVERY AND VENDOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY ADVANCE CARS OR ANY OF ITS AFFILIATES. License. Subject to your compliance with these Terms, Advance Cars grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Advance Cars and Advance Cars licensors. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Advance Cars; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Provision of the Services. You acknowledge that portions of the Services may be made available under Advance Cars various brands or booking options associated with transportation, logistics, delivery or vendor services, including the transportation booking brands currently referred to as “HIRE APP” “ADVANCE CARS” “STREET CARS” . You also acknowledge that the Services may be made available under such brands, booking or request options by or in connection with: (i) certain of Advance Cars subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that Advance Cars does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Advance Cars does not endorse such third party services and content and in no event shall Advance Cars be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Ownership. The Services and all rights therein are and shall remain Advance Cars property or the property of Advance Cars licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Advance Cars company names, logos, product and service names, trademarks or services marks or those of Advance Cars licensors. 3. Your Use of the Services User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Advance Cars certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Advance Cars termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Advance Cars in writing, you may only possess one Account. User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation, logistics, delivery or vendor services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. Text Messaging. By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Advance Cars at any time by email; support@advancecars.org You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. Promotional Codes. Advance Cars may, in Advance Cars sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Advance Cars establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Advance Cars; (iii) may be disabled by Advance Cars at any time for any reason without liability to Advance Cars; (iv) may only be used pursuant to the specific terms that Advance Cars establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Advance Cars reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Advance Cars determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. User Provided Content. Advance Cars may, in Advance Cars sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Advance Cars through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Advance Cars, you grant Advance Cars a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Advance Cars business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Advance Cars the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Advance Cars use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Advance Cars in its sole discretion, whether or not such material may be protected by law. Advance Cars may, but shall not be obligated to, review, monitor, or remove User Content, at Advance Cars sole discretion and at any time and for any reason, without notice to you. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Advance Cars does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 4. Payment You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, Advance Cars will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by. Advance Cars You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Advance Cars will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated as soon as practicable by Advance Cars using the preferred payment method designated in your Account, after which Advance Cars will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Advance Cars may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available. As between you and Advance Cars, Advance Cars reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Advance Cars sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Advance Cars will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Advance Cars may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. The current cancellation policy applicable in the UK can be found at “Terms of Service” This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application in some jurisdictions, Advance Cars does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Advance Cars (on Advance Cars website, in the Application, or in Advance Cars marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Advance Cars provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. Repair or Cleaning Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Advance Cars in Advance Cars reasonable discretion, Advance Cars reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Advance Cars to the applicable Third Party Provider and are non-refundable. 5. Disclaimers; Limitation of Liability; Indemnity. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ADVANCE CARS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ADVANCE CARS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ADVANCE CARS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. ADVANCE CARS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF ADVANCE CARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVANCE CARS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ADVANCE CARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVANCE CARS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ADVANCE CARS REASONABLE CONTROL. IN NO EVENT SHALL ADVANCE CARS TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500). ADVANCE CARS SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT ADVANCE CARS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Indemnity. You agree to indemnify and hold Advance Cars and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Advance Cars use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 6. Governing Law; Arbitration. Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. 7. Other Provisions Notice. Advance Cars may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Advance Cars by written communication to Advance Cars address at Advance Cars Cedar House, Eastheath Avenue Wokingham.. General. You may not assign or transfer these Terms in whole or in part without Advance Cars prior written approval. You give your approval to Advance Cars for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Advance Cars equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Advance Cars or any Third Party Provider as a result of the contract between you and Advance Cars or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

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The Law of England And Wales Apply To These Terms And Conditions
Version April 2018