Terms of Use — Pick a Driver

1. About these terms

Pick a Driver (pickadriver.com) is run by [Company legal name] Ltd, a company registered in England and Wales under number [company number], with its registered office at [registered office address] (“we”, “us”). You can contact us at [support email address].

These terms apply between us and each business or individual who creates an account (“you”). By creating an account you accept them. Please read them together with our Privacy Notice.

2. Who can use Pick a Driver

Pick a Driver is a business-to-business service. It is not for passengers or consumers. You may only use it if you are 18 or over and you are:

a private hire or hackney carriage operator holding a valid operator licence from a UK licensing authority; or
a licensed driver who works through such an operator and has that operator's approval to use Pick a Driver.

If you use Pick a Driver for a company, you confirm you're authorised to accept these terms for it.

3. What Pick a Driver does and doesn’t do

Pick a Driver lets operators share journeys they can't cover, and lets other operators and their approved drivers offer to cover them. We provide the software only.

We are not a transport provider or operator. We don't accept bookings from passengers, dispatch vehicles or employ drivers.
We are not a party to any agreement between operators, or between an operator and its drivers or passengers.
The posting operator remains responsible to its own customer for the booking. The supplying operator remains responsible for the driver and vehicle it dispatches.
Each operator is responsible for making sure that any sub-contracting of a booking is lawful and allowed by its licence conditions and its licensing authority. [Solicitor: confirm wording on sub-contracting under the Deregulation Act 2015 s.55 and the London regime.]

4. Your account

Give accurate information and keep it up to date, including your name, business details and licence details.
Keep access to your email account secure: anyone who can open your sign-in links can use your account. Tell us straight away at [support email address] if you think someone else has used it.
Accounts are personal. Don't share them. Each driver must have their own account.
Operators decide which drivers may bid under their name by approving their connection requests. Approving a connection confirms your business relationship with that driver.

5. Licences, insurance and document checks

Before posting, bidding, dispatching or accepting a job, the people involved must upload their operator licence, driver licence, vehicle licence and vehicle insurance, as relevant. Pick a Driver blocks these steps unless the documents have been approved by our reviewers and are valid on the day of the journey.

Our review only checks that a document has been provided, appears to match the details given and is in date. It does not replace the checks each operator must carry out under its licence, and we don't guarantee that any document is genuine or that any person is fit and proper. You must tell us promptly if a licence or insurance policy is suspended, revoked or cancelled.

6. Posting, bidding and confirmation

Posting is free. Describe the journey accurately: pickup area, time, vehicle class, passengers, luggage and how the fare will be paid. Don't include passengers' names, phone numbers or exact addresses in a job.
Bids are the full fare the supplying operator will receive for the journey. A driver bids through their approved operator; operators can also bid directly.
When the posting operator selects a bid, the supplying operator has 15 minutes to accept the terms and dispatch a driver, and the driver then has 15 minutes to accept. These windows end earlier if the pickup time is sooner.
A booking is confirmed only when the driver accepts. If either step is declined, fails or times out, the job returns to the board.
Once a booking is confirmed, the posting and supplying operators must perform it in line with what was agreed, and agree any changes or cancellations directly with each other.

7. Platform fees

The posting operator pays nothing to Pick a Driver.
The supplying operator pays a £2.50 platform fee when it dispatches a driver. The driver pays a £2.50 platform fee when they accept the job.
If the booking isn't confirmed (because a step is declined, fails or times out), or a confirmed booking is cancelled, any fee taken for it is reversed.
Credit. Fees are paid from credit held in your account. Credit can only be used for Pick a Driver platform fees. It can't be withdrawn, exchanged for cash or transferred, and any unused credit lapses if your account is closed. [Solicitor/accountant: confirm treatment of unused paid credit.]
Welcome credit. When your required documents are first approved, we add £10 of welcome credit. It is used before any credit you buy and expires 90 days after it's added. Only one welcome credit is given per account and per licence number. We may withdraw welcome credit obtained by misuse.
If you don't have enough credit for a fee, you can't dispatch or accept that job until you top up.
During the private pilot, all fees are simulated and nothing is charged. We will give you at least [30] days' notice before we start charging, and you will need to accept the payment terms then.
[Solicitor/accountant: confirm whether fees include VAT, how invoices are issued and the payment provider's terms.]

8. Journey fares

The journey fare is paid directly by the posting operator to the supplying operator, on the payment terms shown in the job (prepaid within a deadline, or on agreed credit). We don't collect, hold or guarantee fares. Pick a Driver records when payment is reported and acknowledged and flags overdue payments, but disputes about fares are between the operators involved.

9. How you must use Pick a Driver

You must not:

break the law or your licence conditions, including discrimination, data protection and licensing law;
post jobs you don't intend to honour, place bids you can't fulfil, or misrepresent a vehicle, driver or document;
upload documents that are false, altered or belong to someone else;
use other members' information for anything other than arranging and carrying out jobs through Pick a Driver;
copy, scrape or automate access to Pick a Driver, try to get around its security or limits, or interfere with how it works.

10. Personal data

We handle personal data about you as described in our Privacy Notice. Each operator is the controller of the personal data of its own passengers and staff, and must only share what is needed to carry out a job. [Solicitor: consider whether a data sharing agreement between operators is needed.]

11. Suspension and closing your account

We may suspend or close an account, or cancel an unconfirmed job, if we reasonably believe these terms have been broken, a document is invalid, or it's needed to protect members or passengers. Where we can, we'll tell you why.
While suspended, you can't post, bid, dispatch or accept jobs.
You can close your account at any time by contacting [support email address]. Jobs already confirmed must still be completed or cancelled with the other operator's agreement. We keep some records after closure, as set out in the Privacy Notice.

12. Our responsibility to you

We provide Pick a Driver “as is”. We work to keep it available and secure, but we can't promise it will always be available or error-free, or that any job will be covered.
We aren't responsible for the acts or omissions of operators or drivers, for journeys, for fares, or for the accuracy of what members post.
We aren't liable for loss of profit, revenue, business or goodwill, or for any indirect or consequential loss.
Our total liability to you in any 12-month period is limited to the greater of [£100] and the platform fees you paid us in that period.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't legally be limited.

13. Changes to the service and these terms

We may change Pick a Driver and these terms. If a change to these terms materially affects you, we'll tell you in advance by email or in the app, and ask you to accept the new version before you continue to post, bid or accept jobs.

14. Law and disputes

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. [Solicitor: confirm for members in Scotland and Northern Ireland.] Please contact us first at [support email address] so we can try to resolve any problem.