GENERAL TERMS & CONDITIONS

(JUPITER CARS & COURIERS LIMITED)

Travis Morley Associates Limited © 2022-2023 Version 1.1 (November 2022)

TERMS & CONDITIONS

APPLICATION

These Terms & Conditions govern the provision of Jupiter Cars & Couriers Limited services to its Customers and Courier Customers and the nature of the relationship between Jupiter Cars & Couriers Limited and its Customers or Courier Customers.

Notwithstanding any other agreements, policies or related documents which these Terms & Conditions reference, Jupiter Cars & Couriers Limited and its Customers or Courier Customers agree these Terms & Conditions represent the totality of the relationship between Jupiter Cars & Couriers Limited and its Customers or Courier Customers.

The Terms & Conditions herein supersede all previous terms and constitute a legally binding agreement between Jupiter Cars & Couriers Limited and its Customers or Courier Customers.

DEFINITIONS

“Additional Charge(s)” means ancillary monies paid by Customers or Courier Customers (which includes, but is not limited to, surcharges, cancellation charges, parking charges, emission zone charges and congestion charges).

“Communication Software” means a mobile application, accessed using a Mobile Device, which transmits Private Hire Booking or Courier Service details using telecommunication or navigation software (that is to say software or programs capable of sending and / or receiving data in any form (including, but not limited to, credit or debit card payments, voice telephony, cellular data, wireless data, SMS and MMC messages, digital or analogue radio signals)) licensed or otherwise supplied to the Customer or Courier Customer for the performance of a Transportation Service or Courier Service.

“Company” means Jupiter Cars & Couriers Limited of 101 Jolyon House, Amberley Way, Hounslow, Middlesex, TW4 6BH (Company Registration No. 08288771).

“Courier Customer(s)” means any person or business making requesting or in receipt of a Courier Service from the Company.

“Courier Service(s)” means the carriage of Courier Customer goods or items by the Company from collection point to destination point.

“Credit Account Application Form” means the form prescribed by the Company to be completed by a Customer for an Account.

“Customer(s)” means any person who makes a Private Hire Booking, including all associated passengers to that private hire booking, for a Transportation Service.

“Fare(s)” means the money paid by a Customer for the provision of a Private Hire Booking and Transportation Service or a Courier Customer for the provision of a Courier Service.

“Licensing Authority” means Transport for London (as specified within section 36(b) Private Hire Vehicles (London) Act 1998, section 154 and Schedule 21 Greater London Authority Act 1999).

“Mobile Device(s)” means a portable wireless handheld device owned by the Customer or Courier Customer that enables connection to a telecommunications network for the transmission and receipt of voice, video or other data and can be used in conjunction with the Communication Software.

“Private Hire Booking(s)” means the same as that defined within section 1(4) Private Hire Vehicles (London) Act 1998.

“Private Hire Licensing Law” means, but is not limited to, the Private Hire Vehicles (London) Act 1998, Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000, Private Hire Vehicles (London PHV Driver’s Licences) Regulations 2003 and Private Hire Vehicles (London PHV Licences) Regulations 2004.

“Private Hire Operator” means the same as that defined within section 1(1)(b) Private Hire Vehicles (London) Act 1998.

“Private Hire Vehicle(s)” means the same as that defined within section 1(1) Private Hire Vehicles (London) Act 1998.

“Private Hire Vehicle Driver(s)” means the same as that required within section 12 Private Hire Vehicles (London) Act 1998.

“Terms” means this document and incorporates any other agreements, policies or related documents referenced herein.

“Transportation Service(s)” means the conveying, using a licensed Private Hire Vehicle driven by a licensed Private Hire Vehicle Driver, of a Customer and / or belongings from a collection point to destination point in accordance with a Private Hire Booking made by, for or on behalf of that Customer.

NATURE OF RELATIONSHIP – PRIVATE HIRE BOOKING SERVICE(S)

The Company is an incorporated company carrying on an independent business as a Private Hire Operator inviting, and accepting, Private Hire Booking(s).

The Customer is a person making a Private Hire Booking with the Company for Transportation Services.

The Company is principal for the purposes of Regulation 9(14) Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000 (as amended).

COMPANY OBLIGATIONS – PRIVATE HIRE BOOKING SERVICE(S)

The Company shall, as a licensed Private Hire Operator, invite and accept Private Hire Bookings in accordance with Private Hire Licensing Law.

The Company shall confirm to the Customer its acceptance of a Private Hire Booking in accordance with Private Hire Licensing Law.

The Company will, in accepting a Private Hire Booking from a Customer, engage a Private Hire Vehicle Driver(s) and Private Hire Vehicle(s) for the Transportation Service(s).

The Company shall determine at its discretion the manner of performance of the Private Hire Booking and Transportation Service(s).

The Company reserves the right, subject to Private Hire Licensing Law (including, but not limited to, the Equality Act 2010 (as amended)), to refuse a Private Hire Booking request or withdraw a Transportation Service.

CUSTOMER OBLIGATIONS – PRIVATE HIRE BOOKING SERVICE(S)

The Customer shall ensure all information provided to the Company for a Private Hire Booking is accurate and correct.

The Customer shall pay a Fare to the Company in consideration of the Private Hire Booking and Transportation Service.

The Customer shall pay any Additional Charge(s), howsoever incurred, to the Company, at a reasonable rate specified by the Company from time to time, for the following:

Airport parking expenses incurred during the Transportation Service(s).

Cancellation of a Private Hire Booking by the Customer after engagement, or commencement, of the Transportation Service.

Congestion or Ultra Low Emission Zone (ULEZ) charge expenses incurred during the Transportation Service.

Surcharge(s) in respect of the following:

Private Hire Booking(s) and Transportation Service(s) requiring transit outside of normal business hours.

Private Hire Booking(s) and Transportation Service(s) requiring transit during periods of peak demand.

Variations to Private Hire Booking(s) and Transportation Service(s), from that accepted in the original Private Hire Booking, at the request of the Customer.

Waiting time resulting from acts or omissions by the Customer during provision of the Transportation Service.

Acts or omissions by the Customer during provision of the Private Hire Booking(s) and Transportation Service(s) resulting in expense or loss by the Company.

The Customer shall, unless otherwise agreed by the Company, make payment of the Fare and Additional Charges upon completion of the Transportation Service.

The Customer Fares and Additional Charges shall, in the circumstances at Clause 5.4, be collected by the Company collecting a credit or debit card payment using the Communication Software.

The Customer may raise complaints about the Private Hire Booking or Transportation Service in writing (subject to Private Hire Licensing Law) and submit it to the Company’s offices at 101 Jolyon House, Amberley Way, Hounslow, Middlesex, TW4 6BH.

COMPANY OBLIGATIONS – COURIER SERVICE(S)

The Company offers at its exclusive discretion a Courier Service.

The Company shall confirm to the Courier Customer its acceptance of a Courier Service.

The Company will, in accepting a Courier Service request, engage a suitable driver and vehicle for the purpose of performing the Courier Service.

The Company shall determine at its discretion the manner of performance of the Courier Service(s).

The Company accepts no liability, in accordance with Clause 10.2, for any damage caused to the goods or items of a Courier Customer during the Courier Service or otherwise whilst in transit.

CUSTOMER OBLIGATIONS – COURIER SERVICE(S)

The Courier Customer shall ensure all information provided to the Company for a Courier Service is accurate and correct.

The Courier Customer shall pay a Fare to the Company in consideration of the Courier Service.

The Courier Customer shall pay any Additional Charges, howsoever incurred, to the Company, at a reasonable rate specified by the Company from time to time, for the following:

Airport parking expenses incurred during the Courier Service.

Cancellation of a Courier Service by the Courier Customer after engagement, or commencement, of the Courier Service.

Congestion or Ultra Low Emission Zone (ULEZ) charge expenses incurred during the Courier Service.

Surcharges in respect of the following:

Courier Service(s) requiring transit outside of normal business hours.

Courier Service(s) requiring transit during periods of peak demand.

Variations to Courier Service(s), from that accepted in the original Courier Service, at the request of the Courier Customer.

Waiting time resulting from acts or omissions by the Courier Customer during provision of the Courier Service.

Acts or omissions by the Courier Customer relating to the Courier Service(s) resulting in expense or loss by the Company.

The Courier Customer shall, unless otherwise agreed by the Company, make payment of the Fare and Additional Charges upon completion of the Courier Service.

The Courier Customer Fares and Additional Charges shall, in the circumstances at Clause 7.4, be collected by the Company collecting a credit or debit card payment using the Communication Software.

The Courier Customer shall ensure all goods or items to be carried using the Courier Service comply with all applicable laws (including, but not limited, to the UN Model Regulations on the Transport of Dangerous Goods Rev.22 (2021)).

The Courier Customer may raise any complaints about a Courier Service in writing and submit it to the Company’s offices at 101 Jolyon House, Amberley Way, Hounslow, Middlesex, TW4 6BH.

FORCE MAJEURE

The Company and Customer or Courier Customer shall, upon being affected, forthwith inform the other party of the matters constituting force majeure and keep the other party fully informed of the continuance and of any change of circumstances whilst such force majeure continues.

The Company shall not be liable for any breach of its obligations resulting from a cause beyond its control including but not limited to fire, weather, strikes, insurrection, riots, embargoes, shortage of materials, delays in transportation, requirements of civil or military authority, war, civil unrest or terrorist action.

The Company shall not, in the circumstances at Clause 8.2, be liable for any delay in performance or non-performance of any of its obligations due to force majeure.

COMMUNICATION SOFTWARE & USER LICENCE

The Company agrees to licence for the purposes outlined in Clause 4 and Clause 7 to the Customer or Courier Customer the Communication Software.

The Customer or Courier Customer agrees to use the Communication Software in accordance with all terms and conditions (including applicable End User Licence Agreement (EULA) or related third party agreements) under which it is supplied and will be liable for all damage and impairment to the Communication Software resulting from actions or omissions by the Customer or Courier Customer.

The Company reserves the right to make changes to the Communication Software licensed to the Customer or Courier Customer from time to time and to change the terms on which it is licensed.

INSURANCE

The Company will maintain in respect of the Company’s business all necessary insurance policies required by, but not limited to, Private Hire Licensing Law.

The Customer or Courier Customer accepts sole responsibility for ensuring proper insurance coverage for the transit by the Company of any of the Customers or Courier Customers goods or items.

INTELLECTIAL PROPERTY

These Terms do not constitute a contract for the sale or transfer of ownership rights of any material (including Communication Software) supplied by the Company to a Customer or Courier Customer.

The Company retains ownership of, pursuant to the Copyright, Designs and Patents Act 1988, any and all material (including Communication Software) supplied by the Company.

DATA PROTECTION

The Company will abide by all relevant provisions set out in the General Data Protection Regulation (GDPR) (EU) 2016/679 (as incorporated by the Data Protection Act 2018).

The Company will present the Customer or Courier Customer with a copy of the Company’s Privacy Policy pursuant to Article 12 General Data Protection Regulation (GDPR) (EU) 2016/679.

The Company is registered with the Information Commissioner’s Office (Registration Number ZB414488).

JURISDICTION

These Terms are governed by, and subject to, the laws of England.