CALL US ON: 020 8509 9999 / 020 8509 1111
ADVANCE CARS TERMS AND CONDITIONS
Terms & Conditions, including our Privacy Policy. Your use of the Site indicates that you accept these Terms & Conditions, regardless of whether or not you choose to register with us. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. Any such amendments shall come into effect immediately once posted, therefore it is your responsibility to periodically review this page. Your continued use of the Site will be deemed acceptance of any such amended Terms & Conditions. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY ADVANCE CARS LTD (THE “COMPANY”).
1.LICENCE
1.1 You are permitted to print and download extracts from the Site solely for your lawful, personal, non-commercial use on the following basis: (a) no text, documents, graphics or other content on the Site are modified in any way; (b) no graphics on the Site are used separately from accompanying text; and (c) the Company’s copyright notice and this permission notice appear in all copies. 1.2 Unless otherwise stated, the copyright and other intellectual property rights in all material and content on the Site (including, without limitation, text, images, web pages, sound, software (including code, interface and website structure), video, photographs and graphical images, and the look and feel, design and compilation thereof) are owned by the Company or its licensors. For the purposes of these Terms & Conditions, any use of extracts from the Site other than in accordance with paragraph 1.1 above for any purpose is prohibited. For the avoidance of doubt, you agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by the Company or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, make available to any person, or create derivative words of such material or content. If you breach any of these Terms & Conditions, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. 1.3 The Company is the owner and/or authorised user of all trademarks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant to you any right, title, interest or licence to any such intellectual property accessed on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited. 1.4 Subject to paragraph 1.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. 1.5 Any rights not expressly granted in these Terms & Conditions are reserved.
2.SERVICE ACCESS
2.1 While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company will not be liable if for any reason the Site is unavailable at any time or for any period. 2.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
3.VISITOR MATERIAL AND CONDUCT
3.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Site will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 3.2 You are prohibited from posting or transmitting to or from the Site any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or (d) which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 3.3 You may not misuse the Site (including, without limitation, by hacking it). 3.4 The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2 or 3.3.
4.LINKS TO & FROM OTHER WEBSITES
4.1 Any links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. The Company has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. 4.2 If you would like to link to the Site, you may only do so on the basis that you link to (but do not replicate) the home page of the Site, subject also to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of the website Advance Cars Ltd; (b) you do not create a frame or any other browser or border environment around the Site; (c) you do not in any way imply that the Company is endorsing any products or services other than its own; (d) you do not misrepresent your relationship with the Company nor present any other false information about the Company; (e) you do not otherwise use any Advance Cars Ltd trademarks displayed on the Site without express written permission from the Company; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. 4.3 The Company expressly reserves the right to revoke the right granted in paragraph 4.2 for breach of these Terms & Conditions and to take any further action it deems appropriate. 4.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 4.2.
5.REGISTRATION
5.1 Each registration is for a single user (which may be either an individual or company) only. The Company reserves the right to make it impermissible for you to share your user’s name and password with any other person or with multiple users on a network. 5.2 Responsibility for the security of any passwords issued rests with you.
6.ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails to the Company (for example, emails to Customer Service) via the Site, you are communicating with the Company electronically. The Company may communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
7.INDEMNIFICATION
In addition to paragraph 4.4, you will indemnify the Company against any loss, damage or cost incurred by the Company arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify the Company against any claims that information or material which you have submitted to the Company is in violation of any law or in breach of any third-party rights (including, without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with the Company in any such defences.
8.DISCLAIMER
8.1 While the Company endeavours to ensure that the information on the Site is correct, the Company does not warrant the accuracy and completeness of the material on the Site. The Company may make changes to the material on the Site, or to the products, services and prices described in it, at any time without notice. The material on the Site may be out of date and the Company makes no commitment to update such material. 8.2 The material on the Site is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have an effect in relation to the Site.
9.BOOKINGS
It is a policy of Advance Cars Ltd not to accept bookings for unaccompanied children under the age of 14 years of age. If, for any reason, a customer has a complaint against a driver or a member of our office staff, they can either telephone 0208 509 9999 or alternatively go to the contacts section of our website where they will be able to register the complaint. Or write to us at: Advance Cars Ltd, 94 Hoe Street, Walthamstow, London, E174QS. In nearly all cases your complaint will be dealt to your complete satisfaction. If, however you feel that we did not handle your complaint satisfactory you can contact our licensing body: TFL Complaints Details of Advance Cars Ltd and all other licensed private hire operators can be found at www.tfl.gov.uk
10.DRIVER RECEIPTS
Advance Cars Ltd is a booking agency and we act as agents for the drivers (the principles) and therefore the following terms and condition apply. If you require a receipt for your journey, we must advise you that drivers are self-employed and not vat registered. Therefore, any receipt given for cash or credit card payment will not include vat or have vat added. Account work carried out on behalf of Advance Cars Ltd Limited will have VAT added at the applicable rate.
11.LIABILITY
11.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and any other of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Site or your downloading of any material from the Site or any websites linked to the Site. 11.2 Nothing in these Terms & Conditions shall exclude or limit the Company’s liability for; (i) death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 11.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.PRICE TARIFF
Advance Cars Ltd up to date price tariff can be accessed on request
13.CREDIT CARD BOOKINGS
The credit card booking is taken from the customer by Advance Cars Ltd on behalf of the driver and Advance Cars Ltd. Advance Cars Ltd will charge a handling administration charge. Advance Cars Ltd will dispatch a driver to carry out the booked journey. Advance Cars Ltd cannot refund any fare if the booking is cancelled and the driver has been dispatched. Advance Cars Ltd will record the contract order between the customer and Advance Cars Ltd to establish fault and if required will forward a copy of this recording to the customer or any other relevant party.
14.WITHHELD NUMBERS
We can and do accept calls from withheld numbers. However, our booking agents will request you to provide your telephone number which can and will be verified, before cars are dispatched. We recommend you remove number privacy before calling to ensure a smooth service. We reserve the right to refuse service if a genuine number is not provided at the time of booking.
15.ENTIRE AGREEMENT
These Terms & Conditions, including the Privacy Policy, constitute the entire agreement between you and the Company in relation to its subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever. The failure by the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, you and the Company nevertheless agree that the court should endeavour to give effect to the intentions reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
16.GOVERNING LAW & JURISDICTION
These Terms & Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts
17.ADVANCE CARS LTD – INTEGRATED POLICY STATEMENT
The Integrated policy of Advance Cars Ltd, has been developed to control the provision of a private hire car service for the carriage of people and light goods. Thus, enabling the organisation to provide a high-quality professional service to its client base, working within those clients’ own guidelines and specifications, and complying with all legal obligations, and any other requirements that the company may adhere to. The company aim to understand and respond to the needs of its clients and the community they serve, where applicable, in a sustainable way. It is the objective of the management system to enable continuous improvement and at all times to prevent pollution and operate in a safe and responsible manner, in turn improving the effectiveness of the management system and client service offered. All personnel are trained in the operation of the management system. All incidents where the specified requirements are not achieved, be it customer complaint, health and safety accident or environmental incident are reported investigated and rectified promptly. The performance of the Management System will be compared against the objectives of the organisation at the company’s management review meetings. All staff are responsible for safeguarding their working environment and the natural environment by following defined procedures, standards and good practices, together with reporting any deficiencies to line management. The Senior Management, are responsible for implementing this policy and arrangements for quality, health safety, and environmental management in their respective areas of responsibility. They must: ◦ provide sufficient resources for effective implementation of the policy ◦ ensure that environmental responsibilities are assigned to appropriate staff members ◦ provide information on key aspects of performance at business/site level for internal use ◦ develop improvement program’s and monitor their implementation The Managing Director and Quality and Environmental Manager are responsible for the day-to-day management of the system, responsibilities include; ◦ periodic reviews and audits of facilities and activities to ensure compliance with this policy ◦ monitoring developments in health safety, and environmental issues that impact on the company providing support and advice on all matters relevant to its operations ◦ promoting workable procedures and encouraging initiatives to implement this policy ◦ keeping staff and other relevant stakeholders informed of the efforts to improve its performance ◦ interpreting and implementing this policy, and advising on updating it as required.
18.GENERAL
The terms and conditions set out herein shall apply between the Company and the party whose name and address is set out in the Account Application Form (“the Customer”) and shall apply to the provision of any and all carriage, courier or delivery services (“the Services”) undertaken by the Company for the Customer during the continuance of this Agreement and any and all other terms, warranties and/or conditions implied by statute and/or common law and hereby expressly excluded to the fullest extent permitted by law.
19.CHARGES
19.1 The charges payable by the Customer for the Services (“the Courier Charges”) shall be at the rate specified in the Company’s schedule of charges as in force, a current copy of which is attached hereto. 19.2 A service charge will be added to all invoices.
20.ALTERATIONS TO THE TERMS & CONDITIONS
The Company reserves the right to alter or vary these terms and conditions at its absolute discretion upon giving reasonable notice to the Customer and without prejudice to the generality or the aforesaid the Company reserves the right to change the Courier Charges. No representations made or variations in or additions to these terms and conditions or warranty given by any person acting or purporting to act on behalf of the Company shall have any force or effect whatsoever unless confirmed in writing by an authorised officer of the Company.
21.INSURANCE
The Company does not have insurance for goods or property (of whatsoever nature) in transit (in transit for other purposes of this clause being from the time the goods or property are collected by the Company up to and including delivery thereof), and the Customer is advised to affect such insurance as the Customer deems necessary for the carriage of goods and/or property by the Company. ◦ 1. LIMITATIONS & EXCLUSIONS 21.1 The Company shall not undertake the carriage or delivery of:- 21.1.1 money or securities (whether cash, cheques, bankers drafts, bonds, share certificates or in any other form), antiques, precious metals, furs, or jewellery (in any form whatsoever) of whatever amount or value. 21.1.2 any goods or property (of whatsoever nature) of an intrinsic value of more than £100 21.1.3 any goods or property of a hazardous, dangerous, inflammable, explosive or noxious nature, or are illegal to possess under existing English Law, and/or 21.1.4 any goods or property (of whatsoever nature) which may deteriorate in transit. UNLESS the Customer has prior to the commencement of the Service in respect of such goods or property expressly notified the Company as to the nature and value of the same and a Director of the Company has expressly agreed in writing that the Company shall carry and deliver the same on such terms and conditions as the Company may reasonably require AND in the event that the Company undertakes the Service in respect of such goods or property without first having expressly agreed to do so as aforesaid, the Company shall have no liability whatsoever for loss or damage to the same however arising.21.2 The Company shall be entitled to destroy or dispose of goods or property referred to in clauses 21.1.3 and 21.1.4 in such manner as the Company thinks fit if in the Company’s opinion it is proper to do so and the Company shall account to the Customer for money it receives (if any) on such destruction or disposal in excess of the costs incurred by the Company in so disposing of or destroying the goods or property 21.3 Without prejudice to the provisions of clause 21.1 the Company shall not in any event be liable directly or indirectly for:- 21.3.1 consequential loss (whether for loss or profit or otherwise) and/or 21.3.2 loss, damage and/or breakage to China, glass ceramics or other breakables whether arising from the acts, omissions or negligence of the Company and/or its employees and/or agents or arising otherwise howsoever. 21.4 Without prejudice to the generality of clauses 21.1 and 21.3 in particular the Company shall not be liable for any loss and/or damage arising directly or indirectly from:- 21.4.1 breakdown, accident, adverse weather conditions. 21.4.2 any act or omission on the part of the Customer. 21.4.3 any clause, act or circumstance beyond the control of the Company (including, without limitation, any strike, (official or not) lock-out or other form of industrial action or labour dispute, governmental regulations, legal restrictions, pandemic, embargoes, fire, flood, Act of God, any consequence of riot, war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, acts of terrorism, rebellion, military or usurped power, confiscation, requisition or destruction of or damage to property by or upon the order of or in the name of any Government or public local authority.) 21.4.4 inadequate or inappropriate packaging of goods, or incorrect or inadequate labelling or instructions received from the customer and/or 21.4.5 the Company being prevented or hindered from delivering the goods or property 21.5 Without prejudice to the generality and effect of the foregoing provisions of this clause 8 the liability of the Company for each delivery or courier service undertaken by the Company howsoever arising and whether direct or indirect and including but not limited to liability arising from the acts, omissions or negligence of the Company and/or its employees and/or agents or arising otherwise howsoever shall in any event be limited to the lesser of:- 21.5.1 £150 or 21.5.2 the intrinsic value of the goods or property comprised in such delivery or courier service 21.6 The provision of clauses 21.3, 21.4, 21.5 and 23 apply to liability for loss or damage to goods or property and do not apply to liability for death or personal injury.
22.DELIVERY
22.1 The Company shall use reasonable endeavours to deliver the Customer and the Customer’s goods or property on time , however time for delivery shall not in any event be of the essence and the Company makes no warranty that the Customer or Customer’s goods or property shall be delivered within the Customers stipulated time period (if any) and/or within any time period stated by the Company unless expressly agreed in writing by a Director of a Company. 22.2 In the event that the Company is unable for whatever reason to deliver the Customer or the Customer’s goods or property then the Company reserves the right to charge the Customer for any and all costs and expenses incurred in doing so and/or for any costs or storage of the goods or property.
23.CLAIMS
Without prejudice to the foregoing provisions of this Agreement the Company shall not in any event be liable for any loss and/or damage howsoever arising including but not limited to liability arising from the acts, omissions or negligence of the Company and/or its employees and/or agents and arising otherwise howsoever unless the Customer has notified the Company (with reasonable particularity) as to the nature and extent of such loss or damage within 15 working days of the date upon which the same occurred.
24.LEIN
Without prejudice to the Company’s rights hereunder or arising otherwise howsoever, the Company reserves the right to exercise a lien over the Customer’s goods and/or property pending payment in full or outstanding invoices.
25.TERMINATION
25.1 This Agreement may be terminated by either party by one month’s notice in writing to the other. 25.2 In the event of the Customer being in breach of any of the terms and/or conditions of this Agreement the Company shall have the right (without prejudice to any other rights it may have) to terminate this Agreement or suspend provision of the Services, or suspend the Customer’s account facility, forthwith and without notice.
26.RESOLUTIONS OF DISPUTES & GOVERNING LAW
The parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.
27.ENTIRE AGREEMENT
This Agreement contains all the terms agreed by the parties regarding the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing, and no representation undertaking or promise shall be taken to have been given or be implied from anything said or written prior to this Agreement except as expressly set out in this Agreement.
28.NOTICES
Any notice to be given by any party to the other under this Agreement shall be sufficiently served if left at or sent by prepaid registered post or recorded delivery service or telefax or telex to the party to be served at. It’s address as set out in this Agreement or such other address as it may notify for such purpose and shall be deemed to have been served when so left or sent by telefax or telex or in the case of posting 24 hours after the same was posted. In proving service by post it shall only be necessary to prove that the communication was contained in an envelope which was duly posted in accordance with this clause.
29.WAIVER
No forbearance, indulgence or failure by the Company to enforce or to exercise, at any time or for any period of time, any term of or any right arising pursuant to this Agreement shall constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect the Company’s right later to enforce or exercise it.
30.SEVERABILITY
The invalidity or unenforceability of any term of or any right arising pursuant to this Agreement shall not in any way affect the remaining terms or rights.
31.PROTECTING YOUR SECURITY
You agree that we may use Personal information provided by you in order to conduct appropriate antifraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.