1. Introduction
1.1 This service (as described in more detail in clause 2.1) (the Zoom Service) is owned and operated by Matriks Limited (trading as Zoom). References to we, us, our and Zoom are to Matriks Limited. References to you and your are to customers of the legal entity that owns and operates the Sites (as defined in clause 2.1 below) and the business they relate to (the Taxi Company).
1.2 These terms and conditions (Terms) apply to your use of the Zoom Service. By using the Zoom Service you are deemed to agree to these Terms. If you do not agree to these Terms or the Privacy Policy, please do not continue to use the Zoom Service. A breach of these Terms may result in your use of the Zoom Service being suspended.
1.3 We reserve the right to modify these Terms at any time and the version that will apply from time to time will be the version that is current and displayed on our website so please ensure that you check this page periodically for any updates. These Terms were last updated in February 2017.
1.4 For the avoidance of doubt, we are simply the provider of a technology solution. These Terms do not govern the relationship between you and the Taxi Company. Any representations made on the Sites, any any failure or delay to make pick-ups or drop-offs and any other matters outside of Zoom’s control are the responsibility of the applicable Taxi Company and Zoom will have no responsibility or liability to you for any loss or damage incurred by you in respect of such matters.
1.5 If you wish to contact us for any reason, including to make a complaint, please use the contact details provided below.
2. The Zoom Service
2.1 The Zoom Service is a white-label service which enables you to make online taxi booking enquiries via the Taxi Company’s customer-facing mobile applications (including, but not limited to, iOS Passenger App and Android Passenger App) (together, the Sites).
2.2 We may update or modify the Zoom Service from time to time in our sole discretion.
2.3 You acknowledge that, in providing the Zoom Service, Zoom will simply be passing information received from the Taxi Company to you (and vice versa). Zoom shall have no responsibility for verifying or checking the accuracy or completeness of that information. Zoom’s only obligation to you in respect of that information is to ensure that the relevant information is relayed to the same level of accuracy as received from you or the Taxi Company, as applicable.
3. Acceptable Use Policy
3.1 It is your responsibility to ensure that your computer system or device meets the necessary requirements to use the Zoom Service. Zoom takes no responsibility for your inability to use the Zoom Service owing to your failure to ensure that your system or device complies with such requirements.
3.2 When using the Zoom Service, you agree not to:
3.2.1 breach any applicable law, regulation or code of conduct or infringe the rights (including intellectual property rights) of any person;
3.2.2 impersonate any other person;
3.2.3 damage, interfere with or disrupt the Zoom Service in any way;
3.2.4 knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of the Zoom Service;
3.2.5 decrypt, extract, reverse engineer or decompile the Zoom Service;
3.2.6 include any portion of the Zoom Service in any other software program;
3.2.7 develop methods to enable unauthorised parties to access and/or use the Zoom Service;
3.2.8 use the Zoom Service in a way that may damage our reputation;
3.2.9 use the Zoom Service in any manner to compete with Zoom or build products or services that compete with the Zoom Service;
3.2.10 remove any identification or notices of any proprietary or copyright restrictions from the Zoom Service or any associated materials; or
3.2.11 publish or send any information on the Sites or via the Zoom Service which:
3.2.11.1 is defamatory, threatening, harassing, invasive of privacy, offensive, racist, discriminatory, obscene, pornographic, misleading, abusive or deceptive or involves phishing, scamming or similar;
3.2.11.2 constitutes unauthorised or unsolicited advertising, junk or bulk email (spamming); or
3.2.11.3 involves commercial activities and/or sales.
3.3 We may, in our sole discretion, terminate your access to and use of the Zoom Service (or any part thereof) without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Zoom Service is unsuitable in any way.
4. Intellectual Property Rights
4.1 All intellectual property rights in or relating to the Zoom Service (including text, graphics, audiovisual content, trade marks, logos, layout, structure and software) are owned by us or our licensors.
4.2 You agree that you will not reproduce, distribute, copy or publicly display any content which is not your own content, except to the extent required for your use of the Zoom Service in accordance with these Terms.
5. Availability of Zoom Service
5.1 Although we endeavour to provide you with the best service possible, we do not guarantee that the Zoom Service will be uninterrupted or error-free all of the time. If you notice an error, please contact us.
5.2 In particular, access to the Zoom Service may be restricted to allow for repairs, maintenance, improvement or for other reasons. In the event that the Zoom Service requires scheduled maintenance, we will endeavour to provide you with prior notice, and we will always endeavour to restore availability of the Zoom Service as soon as we reasonably can.
6. Our Liability
6.1 If we fail to comply with these Terms and you suffer loss or damage as a direct and foreseeable result of such failure to comply, our liability to you shall not exceed £50. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
6.2 We will not be liable to you for:
6.2.1 any indirect or consequential loss;
6.2.2 any loss of profit, loss of business, business interruption, or loss of business opportunity; or
6.2.3 any failure or delay in performing any obligation under these Terms where such failure or delay arises from any cause beyond our reasonable control.
6.3 To the extent permissible by law, all terms, whether imposed by statute or otherwise, that are not expressly stated in these Terms, are excluded.
6.4 Nothing in these Terms shall exclude any liability for death or personal injury caused by our negligence, liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded under applicable law.
7. Indemnity
7.1 You agree to indemnify us against all losses, liabilities, damages, costs and expenses and all claims, actions, suits or proceedings arising out of:
7.1.1 any misrepresentation, act or omission made by you in connection with your use of the Zoom Service;
7.1.2 any non-compliance with these Terms; and
7.1.3 any claims brought by third parties arising from or in connection with your use of the Zoom Service.
8. General
8.1 If any of these Terms, including any part of any term, is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms or the relevant part thereof shall remain in full force and effect.
8.2 No failure or delay by us to exercise or enforce any right or provision in these Terms will constitute a waiver of such right or provision.
8.3 Except as expressly stated in these Terms, nothing in these Terms is intended to confer any rights, remedies or benefits upon any person other than you and us.
8.4 These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
8.5 You confirm that you have not been induced to enter into a contract on these Terms by any prior representations, whether written or oral, except as specifically reproduced in these Terms and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms.
8.6 In these Terms the use of the word “including” shall not limit any preceding category.
8.7 These Terms are governed by and interpreted in accordance with the laws of England and Wales, and we and you hereby submit to the exclusive jurisdiction of the courts of England and Wales in connection with any dispute arising in connection with these Terms.
9. Company and Contact Information
9.1 Company Name: Matriks Limited
9.2 Incorporated in: England and Wales
9.3 Company registration number: 08410016
9.4 Registered Office and Contact Address: The Old Village Shop, Overbury, Nr. Cheltenham, Gloucestershire, GL20 7NT.