Terms and Conditions - Mobility Exchange

By accessing and using the “mobilityexchange.co” website (“this Website”) you agree to observe and be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions, you should exit this Website immediately.

When purchasing any goods and services through our website you agree to observe and be bound by the following Terms and Conditions.

Information about us

This website is owned and operated by Mealing Taxis Limited.

We are registered in England and Wales under registration number 04524636, and our registered office is at 3rd Floor Marlborough House, 298 Regents Park Road, Finchley, London, England, N3 2SZ .

Our principal place of business is at Unit 2, Vernon Village, Mount Vernon Hospital, Rickmansworth Road, Northwood, Middlesex, HA6 2RN.

Our VAT number is 789 2248 79.

You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website.

1. Interpretation

1. In these terms and conditions:

(a) “we” means Mealing Taxis Limited; and

(b) “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.

2. Disclaimer

This Website is designed for information purposes only and you acknowledge that you are solely responsible for the use of it.

The contents of this website do not constitute legal or other professional advice. Any visitors to this site should seek appropriate legal guidance before coming to any decision or taking or refraining from taking any legal action.

Whilst we will take all reasonable care to ensure that the content on this Website is accurate, complete and up-to-date we do not guarantee or represent that the content and/or facilities available or accessible via this Website will always be accurate, complete or up-to-date or that access to it will be uninterrupted.

Before you rely on information found on this Website, you must verify this information with the appropriate sources.

3. No warranties

This Website and its contents are provided on an “as is” basis and without any representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom or otherwise) as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness of this Website or its content or that the Website or the content will be provided uninterrupted, error free or free from viruses, trojan horses or other harmful material.

To the fullest extent permitted by law, we shall not be liable to any person or entity for any loss or damage including any consequential or indirect loss or damage or loss of profit which may arise in tort, contract or otherwise and arising out of or in relation to the use of any content on this Website or access to this Website or its unavailability.

4. Intellectual property rights

The intellectual property rights (including but not limited to copyright, design rights, trade marks and patents) in this Website and the content posted on this Website remain the property of Mealing Taxis Limited or the rightful content owner as the case may be. All such rights are reserved. Except as permitted under applicable law you may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create derivative works derived from this Website or the content or any part thereof without the prior written permission of Mealing Taxis Limited.

5. Links

This Website may contain links to other websites solely for the convenience of users of this Website. If you use these links you will leave this Website. Mealing Taxis Limited does not endorse any such linked sites and assumes no responsibility for the contents of any other website to which this Website offers links.

You may not link to any part of this website without prior written consent from Mealing Taxis Limited and we reserve the right to withdraw such consent at any time.

6. Email correspondence

Our emails have a legal disclaimer contained on them. Any email sent by, or on behalf of Mealing Taxis Limited or Mobility Exchange, is confidential, legally privileged, and is sent for the personal attention of the intended recipient only. If you have received an email in error you are asked to delete it immediately. Any opinions or advice contained in any email and any attachments are subject to the governing client engagement letter, our Terms of Business and/or related communications. Opinions, conclusions and other information in any email and any attachments which have not been prepared by Mealing Taxis Limited or Mobility Exchange are neither given nor endorsed by it.

7. Privacy Policy and Cookies

We process all personal data collected through this Website in accordance with our Privacy Policy. By accepting these terms and conditions you warrant that you have read and understood our privacy policy Please click here to view.

When you purchase services and/or goods from us you will be required, before completing the purchase, to confirm that you have read and agreed these terms and conditions and that you have read, understood and agree to our privacy policy.

8. Amendments

Mealing Taxis Limited reserves the right at any time and without any notice to remove, amend or vary any of the content which appears on this Website, including these Terms and Conditions. You must check these Terms and Conditions regularly for any such changes.

8. Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

9. Subscription Account Services and Products

9.1 Alongside general use of our website, these terms and conditions shall govern the sale and purchase of subscription account services and products through our website.

9.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

9.3 You warrant and represent to us that you contract with us under these terms and conditions exclusively in the course of a business and not as a consumer.

10. Order Process

10.1 The advertising of subscription services and products on our website constitutes an “invitation to treat” rather than a contractual offer.

10.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 10.

10.3 To enter into a contract with us to purchase a subscription account service or product from us, one of the processes described in either section 10.4 or 10.6 must be followed.

10.4 To purchase directly from the website the following steps must be taken: you must add the subscription account service or product(s) you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

10.5 You will have the opportunity to identify and correct input errors prior to making your order.

10.6 You can also purchase a subscription or product from us by completing our online enquiry form. A member of our staff will contact you directly via telephone or email as directed by you, after which your order will be taken and a link to a payment method sent to you. On confirmation of full payment we will send you an initial acknowledgement. Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

11. Subscription Account Services

11.1 There are two types of subscription account services offered by us: Basic and Premium.

11.2 To be eligible for a subscription account service, you must be resident or situated in the United Kingdom.

11.3 You must not allow any other person to use your subscription account service, and you must notify us in writing immediately if you become aware of unauthorised use of your subscription account service.

11.4 You must not use any other member’s account except where you have the express permission of that member to use the subscription account service.

11.5 When you register for a subscription account service you will be provided a user identification (a Mobility Exchange membership number) which is unique to your account.

11.6 You will be provided with a password which you can change by making a written application to do so.

11.7 You must keep your password confidential, and you must tell us immediately if you think your password may have been shared with another person whether deliberately or by accident.

11.8 You are responsible for the use of your password on our website and may be held liable for any losses caused by your failure to keep your password safe or to notify us if it is compromised.

11.9 The specific nature of services available to you through the subscription account service, whether you are a Basic or a Premium member, will be made known to you at the time of ordering and again at the time of notifying you of the successful creation of your subscription account.

12. Cancellation, suspension, upgrading and automatic renewal of Subscription Account Services.

12.1 We may:

(a) edit your account details;

(b) temporarily suspend your account; and/or

(c) cancel your account at any time at our discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided to you after the date of such cancellation. We will give you reasonable notice of any cancellation under this Section 12.1

12.2 You may cancel your subscription account service at any time. You will not be entitled to any refund of your current yearly subscription fee if you cancel your account in accordance with this Section 12.2.

12.3 We may from time to time vary the benefits of our subscription account services and where we do this we shall provide you with written notification of the changes.

12.4 Providing that, in our reasonable opinion, such a variation results in a substantial loss of value or functionality you shall have the right to cancel your subscription and receive a refund of any amounts paid to us in respect of any period of subscription after the date of the cancellation.

12.5 You may choose to upgrade your subscription account service from Basic to Premium at any time by notifying us in writing of your wish to upgrade or by ordering through the website. Your new account period will run for one year from the date of the upgrade and this date will become your new subscription account service renewal date.

12.6 It is not possible to downgrade a subscription service account from a Premium service mid-way through a subscription period but you can cancel your subscription as detailed in Section 12.2 and then immediately apply to create a new Basic subscription. Your new account period will run for one year from the date of the creation of the basic subscription and this date will become your new subscription account service renewal date.

12.7 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription account service fee unless you have cancelled your subscription before this date by either:

(a) using the online cancellation tools, or

(b) notifying us in writing of your wish to cancel your subscription.

13. Products.

13.1 The following types of products are or may be available on our website from time to time: Safe.Cab Vehicle Scan, Safe.Cab Booking Hubs, Safe.Cab Jobs Board.

13.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

14. Your content: licence

14.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for incorporation into any product or for use in connection with the creation of any product, or when using the Mobility Exchange online forum.

14.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to incorporate your content into products to be supplied to you and to use, reproduce, store, adapt, publish, translate and distribute your content insofar as reasonably necessary for that purpose.

14.3 You grant to us the right to sub-license the rights licensed under Section 14.2.

14.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete your content, refuse to supply products incorporating your content and/or decline to incorporate your content into any product.

15. Rules about your content

15.1 You warrant and represent that your content will comply with these terms and conditions.

15.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

15.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

16. Your content: liability

16.1 You acknowledge that you are solely responsible for supplying your content to us and for ensuring that your content is of sufficient quality and in an appropriate format for its intended use.

16.2 Subject to Section 25.1, we will not be in breach of any warranty or representation, including the warranties and representations set out in Section 25.2, and will not be otherwise liable to you in respect of any expense, loss or damage arising out of your content or the incorporation of your content into products.

17. Prices and fees

17.1 Our prices and/or fees are quoted on our website.

17.2 We will from time to time change the prices and/or fees quoted on our website, but this will not affect contracts that have previously come into force.

17.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

17.4 It is possible that prices and/or fees on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price and/or fee will be notified to you before the contract comes into force.

17.5 In addition to the price and/or fee of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

18. Payments

18.1 You must, during the order process, in accordance with sections 10.4 or 10.6, pay the prices and/or fees of the subscription account service(s) or product(s) you order.

18.2 Payments may be made by any of the permitted methods specified on our website or provided to you by our representatives from time to time.

18.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the subscription account service(s) and/or product(s) ordered and/or by written notice to you at any time cancel the contract of sale for the subscription account service(s) and/or product(s).

18.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 18.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 18.4.

19. Credit accounts

19.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 19.

19.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 14 days following the date of our invoice.

19.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.

19.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:

(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or

(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,

without prejudice to our other legal rights or rights under these terms and conditions.

20. Deliveries

20.1 Our policies and procedures relating to the delivery of products are set out in this Section 20.

20.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

20.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 10 working days following the date of the order confirmation; however, we do not guarantee delivery by this date.

20.4 We will only deliver products to addresses on the UK mainland.

21. Risk and ownership

21.1 The products you purchase from us will be at your risk from the time of delivery.

21.2 Ownership of a product that you purchase from us will pass to you upon the later of:

(a) delivery of the product; and

(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

21.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

21.4 Until ownership of a product has passed to you:

(a) you must store the product separately from other goods; and

(b) you must ensure that the product is clearly identifiable as belonging to us.

22. Warranties and representations

22.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

22.2 We warrant to you that:

(a) we have the right to sell the subscription account service(s) and/or product(s) that you buy;

(b) the subscription account service(s) and/or product(s) we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c) you shall enjoy quiet possession of the subscription account service(s) and/or product(s)you buy, except as specified in these terms and conditions;

(d) the subscription account service(s) and/or product(s) you buy will correspond to any description published on our website; and

(e) the subscription account service(s) and/or product(s) you buy will be of satisfactory quality.

22.3 All of our warranties and representations relating to the supply of subscription account service(s) and/or product(s) are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 18.1, all other warranties and representations are expressly excluded.

23. Use of Safe.Cab products and Forum

23.1 You warrant that use of all Safe.Cab products is, and always remains, entirely at your risk.

23.2 You warrant and understand that you will only use Safe.Cab products in a way that does not affect the safety of your vehicle, your passengers, yourself or any other person at any time.

23.3 To the maximum extent permitted by applicable law and subject to Section 25.1, you agree to indemnify us against any loss caused as a result of your use, in any way, of the Safe.Cab products.

23.4 You agree not to pass bookings made directly with you through the Safe.Cab QR booking system to another driver, vehicle owner or operator who is not a Safe.Cab registered driver, vehicle owner or operator.

23.5 You agree to use the Mobility Exchange online forum for purposes in connection with your business as a professional driver and, when doing so, to act at all times in a fit and proper manner.

23.6 You agree that when using the Safe.Cab forum your username will be displayed for other registered users to see.

24. Breach of product warranty

24.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 22.2, please contact us to discuss the issue and arrangements for the return of the products.

24.2 If products you purchase from us do not conform with the warranties set out in Section 22.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

24.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:

(a) we will not refund the purchase price or exchange the product;

(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

25. Limitations and exclusions of liability

25.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

25.2 The limitations and exclusions of liability set out in this Section 25 and elsewhere in these terms and conditions:

(a) are subject to Section 25.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

25.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

25.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

25.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

25.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

25.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

25.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:

(a) £1 000 000; and

(b) the total amount paid and payable to us under the contract.

26. Order cancellation

26.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any material breach of that contract.

26.2 We may, subject to applicable law, cancel a contract under these terms and conditions by written notice to you if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

26.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

27. Consequences of order cancellation

27.1 If a contract under these terms and conditions is cancelled in accordance with Section 26:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 9.3, 16.2, 18.4, 19.2, 19.4, 21, 25, 30, 31, 32, 33, 34 and 35 will survive termination and continue in effect indefinitely.

28. Scope

28.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

28.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

28.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

29. Variation

29.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

29.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

30. Assignment

30.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

30.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

31. No waivers

31.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

31.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

32. Severability

32.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

32.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

33. Third party rights

33.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

33.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

34. Entire Agreement

34.1 Subject to Section 25.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

35. Law and jurisdiction

35.1 These terms and conditions shall be governed by and construed in accordance with English law.

35.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

36. Statutory and regulatory disclosures

36.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

36.2 These terms and conditions are available in the English language only.

36.3 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.