General Terms for Drivers:

These General Terms for Drivers ("Driver Terms") set out the legal agreement for each transportation provider ("You, Your" or known collectively as "Drivers") governing the use of Pronto Cars London Ltd Driver App provided by Eurosoft Ltd and provision of Journeys (as defined in clause 2.1 below).

Pronto Cars London Ltd
The Driver Terms are a legally binding agreement under which You:
Are granted a licence to use Pronto Cars London ltd application provided by Eurosoft ltd ("Driver App)

Agree, to the extent You agree to do so on any occasion, to provide transportation services to members of the public requesting such services through the Pronto Cars London Ltd

These Driver Terms apply between You and:

Pronto Cars London Ltd (a company registered in the United Kingdom, with company number 07576328

Pronto Cars London Ltd services

pronto cars agree to provide the Software free of charge, for use in accordance with these Driver Terms. The transportation services that You provide to Passengers through the Software shall be referred to in these Driver Terms as "Journeys

The Journeys are solely provided by You, as an independent business undertaking carried on by You, to the Passenger. As such, You are free to provide passenger transport services in your absolute and sole discretion independently from these Driver Terms, including using other software services, whether competitive with Pronto Cars London Ltd or otherwise.

You are responsible for providing all equipment necessary to perform the Journeys, at your own expense. This includes costs such as the vehicle, fuel, tolls and depreciation of the vehicle.

Pronto Cars London Ltd provision for the invitation or acceptance of Journeys is made under PHV Operator’ s Licence number 7473, issued by Transport for London, in accordance with the Private Hire Vehicles (London) Act 1998 and elsewhere by Local Authorities in accordance with the Local Government (Miscellaneous Provisions) Act 1976 ("Operating Licence")

Refund Policy

Applying to Use the Driver App

Prior to downloading the Driver App You must apply to register with Pronto Cars London Ltd. As part of the registration process, You will need to supply Pronto Cars London Ltd with information about Yourself, Your private hire vehicle licence, your vehicle (including insurance and road tax) and other information requested by Pronto Cars London Ltd. This may include a medical certificate, topographical test certificate and any relevant English language test certificate in order to assess Your suitability to use the Driver App. Pronto Cars London Ltd may verify this information with third party providers and in this respect, where required by applicable law or regulations, You provide Your specific consent to Pronto Cars London Ltd seeking this verification.

You will be provided with Driver number and password when registering. These details are personal to You and are not transferable. The Driver number and password are the methods used by Pronto Cars London Ltd to identify users of the Software and so are very important

By submitting your account application, you represent and warrant that:

You can legally enter into an agreement with Pronto Cars London Ltd to use the Software Services;

You have carefully studied, fully understand and agree to be bound by these Driver Terms, including all the obligations imposed on You by these Driver Terms;

all the information presented to Pronto Cars London Ltd by You is, and shall continue to be, accurate, correct and complete

once You have an account to use the Software Services, you will not authorize any other person to use Your account nor transfer it to any other person.

You will not use the Software for unauthorized or unlawful purposes or impair or seek to impair the proper operation of the Software;

You will not copy or distribute the Software or other Pronto Cars London Ltd content

You have, and will continue to have, the right to work in the United Kingdom (including holding a valid National Insurance Number);

You have, and will continue to have, all the necessary permits, licences (including a private vehicle hire licence), insurances, road tax and authorizations to provide the Journeys under these Driver Terms. Where there are 'special conditions' attached to my London Private Hire Driver's License, particularly though not limited to, limitations on the period of time which, or periods, during which I am/am not permitted to provide services, I agree to fully comply by those conditions.

You will, at all times while providing Journeys, have valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the United Kingdom for providing passenger transportation services;

You are, and will at all times be, medically fit to operate a motor vehicle and shall not engage in reckless behavior while driving, including by driving unsafely, operating a vehicle that is unsafe to drive, permitting an unauthorized third party to accompany You in the vehicle while providing Journeys, providing Journeys while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of Passengers or third parties;

You understand that Pronto Cars London Ltd will provide information regarding You, Your Driver account, and Your trip history to law enforcement agencies as Pronto Cars London Ltd deems it appropriate do so in cooperation with investigations or otherwise.

Pronto Cars London Ltd will review Your application and may approve You to be a driver associated with Pronto Cars London Ltd if You meet the necessary criteria.

Pronto Cars London Ltd will continually monitor Your compliance with these Driver Terms, including by verifying Your licences, insurances and information (also with third persons). You agree to

co-operate with Pronto Cars London Ltd and provide any further documents or information requested in order for Pronto Cars London Ltd to conduct such checks; and

Promptly disclose to Pronto Cars London Ltd if there has been any material change in Your circumstances that relate to Your ability, fitness or legal entitlement to offer or perform Journeys or ability to comply with these Driver Terms. For the avoidance of doubt, but without limitation, this will include any revocation of Your driver’ s licence, refusal of insurance, changes to Your eligibility for a private vehicle hire licence, and criminal investigation, charges or convictions.

Where You fail to comply with any of the requirements and/or conditions set out in these Driver Terms, Pronto Cars London Ltd will be entitled to immediately terminate these Driver Terms with You, in which case you will no longer be permitted to use the Software.

Pronto Cars London Ltd Driver App

Once approved to use the Driver App, Pronto Cars London Ltd will send You details of how to download and set up the Driver App as well as a personal account which can be used by You to access the Software.

As long as you comply with these Driver Terms, Pronto Cars London Ltd agrees to allow You to access and use the Software Services in accordance with these Driver Terms, the Pronto cars London Ltd Privacy Policy and the applicable app-store terms (incorporated into these Driver Terms by reference). You may not transfer or sub-license this right to use the Software Services.

In order to use the Software, You must access your personal account in the Driver App using the driver number and password You been given during registration.

Pronto Cars London Ltd will use the Driver App to communicate with You in relation to possible Journeys you may or may not wish to agree to provide to Passengers as part of your business undertaking which are around Your current location and also to remind You of various road rules, send You messages and restrict pick-up areas as per Your licence jurisdiction.

Pronto Cars London Ltd will have the sole authority under its Operating Licence to make provision for the invitation or acceptance of, or to accept, Journey requests from Passengers. Once Pronto Cars London Ltd has accepted, a Journey request from a Passenger, Pronto Cars London Ltd will then seek to allocate this Journey booking to the closest Driver (geographically) to the Passenger to fulfil through the Driver App. If the closest Driver does not acknowledge the booking allocation within a set timeframe or declines to fulfil the Journey booking in the Driver’ s absolute and sole discretion for whatever reason, the booking will then be re-allocated to the next closest Driver (and so on). It will be up to Pronto Cars London Ltd to terminate an accepted private hire booking for a Journey with a Passenger if it cannot successfully allocate a Driver to the relevant Journey. Once You have accepted the allocation of the Journey through the Driver App, all the relevant Journey information will appear in Your Driver App, including the details of the Passenger and the Journey starting point.

In order to priorities Driver and Passenger safety, Pronto Cars London Ltd may (at its discretion) limit Your access to the Driver App where You have been providing Journeys for long periods.

If Pronto Cars London Ltd is made aware that Your behavior has deviated from our Driver Terms, or that you are under investigation for a criminal offence, Pronto Cars London Ltd reserves the right to take action by revoking Your access to your Driver account indefinitely or until Pronto Cars London Ltd sees fit.

Pronto Cars London Ltd will, at all times, retain control and management of the Software ( dispatch services) in order to

Accept and manage Journey bookings as set out in these Driver Terms;

Monitor driver and vehicle profiles;

Monitor, on screen, the location, status and Journey details of all vehicles using the Software Services at any given time;

Provide support services in respect of dispatching;

Report on the Journeys;

Reject certain Passengers if their accounts are in arrears; and

Address complaints and lost property issues including liaison with local law enforcement

If You suspect that Your driver number or password have been copied or stolen, You must notify immediately.

Journey Bookings

Pronto Cars London Ltd will accept Passenger requests for Journeys and then prompt You via the Driver App if a relevant Passenger booking has been generated for a Journey in Your area when You are available. These Passenger bookings will not be exclusive to You, and will also be offered to other Drivers

Pronto Cars London Ltd does not guarantee that the use of the Software will result in You receiving offers for allocations of bookings for Journeys.

You are not obliged to accept any offers for allocations of Journey bookings. Pronto Cars London Ltd encourages You to keep your profile up to date with when You are and are not available, in order to get relevant requests as this helps Pronto Cars London Ltd to offer to allocate, in principle, the bookings for Journeys it has accepted in an efficient manner.

You may cancel a Journey, which you have accepted any time before You begin the Journey by informing the Passenger through the Driver App functionality available on the Software Services. However, Pronto Cars London Ltd will monitor the number and frequency of Journeys You cancel and reserves the right to suspend or terminate Your access to the Software Services where You repeatedly, or consistently, cancel Journeys after You have accepted them.

Your Commitments to Passengers

As a Driver you commit to each passenger that You will provide a high level of service to the Passengers in respect of the Journeys which You agree to provide to the Passengers. In order to maintain Pronto Cars London Ltd integrity and reputation. Pronto Cars London Ltd monitors Your activity on the Software. In the course of You providing the Journeys to the Passengers, You commit to the Passengers that you will:

Convey the Passenger from their collection point to their point of destination in a reasonably direct and efficient manner as You deem fit in your discretion, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);

Comply with all laws and regulations applicable;

At all times be medically fit to operate a motor vehicle, including being free from the influence of alcohol or drugs;

Not engage in reckless behavior while driving or drive unsafely, including by operating a vehicle that is unsafe or illegal to drive or allowing a third party to operate the vehicle;

Act in a professional manner in accordance with the business ethics applicable to providing passenger transportation and endeavor to perform the Passenger’ s request in the best interest of the Passenger;

Not carry weapons (or permit weapons in your vehicle), use or encourage violence, racism or discrimination in any form;

have and maintain valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services.

You acknowledge that Pronto Cars London Ltd has no control over the Passenger. Pronto Cars London Ltd shall have no responsibility or liability with respect to how (or whether) the Passenger uses Your Journeys, including delays or damage to person or property.

You commit to report to Pronto Cars London Ltd any event out of the ordinary, which occurs during the Journey. Pronto Cars London Ltd shall keep a record of all Journey bookings, complaints and lost property.

Identification of Passengers

Before starting a Journey, You must verify that You are providing the Journey to the Passenger shown in the Driver App (or that the Passenger has expressly confirmed that they allow the passenger to use their account).

If You have made a mistake in identifying the Passenger, and the Fare is charged to a person who has not been provided or has not approved the Journey, Pronto Cars London Ltd shall reimburse the Passenger for the Fare paid

Fares

You agree that Pronto Cars London Ltd will quote a fare on your behalf to the passenger

Before accepting an allocation of a Journey booking, You will be provided with an fixed Fare for the Journey The fixed fare will also be provided to the Passenger

Reporting Misconduct

Without affecting any of Pronto Cars London Ltd other rights under these Driver Terms, where Pronto Cars London Ltd has reasonable grounds to suspect that You have committed, attempted to commit, aided or abetted a crime, they shall take all steps deemed necessary in the circumstances, including reporting Your misconduct to the appropriate authorities. You acknowledge that this may include reporting Your conduct to the Police, Transport for London or any other relevant authority and providing that agency with Your details and/or any relevant information Pronto Cars London Ltd holds about the circumstances at issue. Where the misconduct relates to fraud, including fraudulent documents

Rules of Acceptable Use

In addition to the other requirements within these Driver Terms, this clause describes specific rules that apply to Your use of the Software Services (the "Rules of Acceptable Use” ).

When using the Software Services (including, where relevant, during any Journey) You must not:

Circumvent, disable or otherwise interfere with any security related features of the Software Services;

Use the Software Service if Pronto Cars London Ltd has suspended or banned You from using it;

Modify, interfere, intercept, disrupt or hack the Software Services;

Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Software Services or any user of the Software Services’ own equipment;

Collect any data from the Software Services other than in accordance with these Driver Terms;

Collect any data from the Software Services other than in accordance with these Driver Terms;

Submit or contribute any User Content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;

Use any User Content in violation of any licensing terms specified by the owner;

Submit or contribute any information or commentary about another person without that person’ s permission;

threaten, abuse or invade another’ s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or

use any automated system, including without limitation “ robots” , “ spiders” or “ offline readers” to access the Software Services in a manner that sends more request messages to the Software Services than a human can reasonably produce in the same period of time.

Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Driver Terms, and may result in Pronto Cars London Ltd taking all or any of the following actions (with or without notice):

immediate, temporary or permanent withdrawal of Your right to use the Software Services;

Immediate, temporary or permanent removal of any User Content;

Issuing of a warning to You

Legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or

Disclosure of such information to law enforcement authorities, proactively or reactively, as Pronto Cars London Ltd reasonably feel is necessary and in conformity with local legislation.

The responses described in paragraph 10.3 are not limited, and Pronto Cars London Ltd may take any other action they reasonably deem appropriate

Liability

Pronto Cars London Ltd do not make any promise that access to Software will be uninterrupted or error free. To the maximum extent permitted under applicable law, Pronto Cars London Ltd, directors or employees are not liable for the proper functioning of the Software and any loss or damage that may occur to You as a result of Your use of the Software.

Subject to clause 11.5 of these Driver Terms, to the maximum extent permitted under applicable law, Pronto Cars London Ltd, directors or employees are not liable for any loss or damage that You may incur under or in connection with these Driver Terms or as a result of using the Software, including but not limited to:

Any direct or indirect property damage or monetary loss;

Loss of profit or anticipated savings;

Loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;

Loss or inaccuracy of data; and

Any other type of indirect or consequential loss or damage.

You accept that Pronto Cars London Ltd has any liability in relation to the Journeys other than as expressly provided in these Driver Terms.

Nothing set out in these Driver Terms limits or excludes Pronto Cars London Ltd liability to You in relation to

Death or personal injury arising as a result of Pronto Cars London Ltd’ negligence;

Fraud on the part of Pronto Cars London Ltd;

Any other liability that cannot be excluded or limited under applicable law; or

Pronto Cars London Ltd will try to prevent unwelcomed Passengers from using the service. However, Pronto Cars London Ltd is not liable for the actions or non-actions of the Passengers or their co-passengers using the service and/or during any Journeys provided. Pronto Cars London Ltd shall not be liable for any loss or damage that may occur to You as a result of actions or non-actions of the Passengers or their co-passengers at any time.

You are fully responsible and liable for any breach by You of these Driver Terms and/or any other applicable laws or regulations. If Pronto Cars London Ltd or any authority notifies You of a breach, You must stop and remedy such breach immediately.

You agree to fully indemnify and hold Pronto Cars London Ltd, employees and directors harmless from any claims or losses (including liabilities, damages, penalties, fines, costs and expenses of any nature) that they suffer because of Your use of the Software and provision of Journeys, including those claims or losses result from:

Your breach of these Driver Terms or documents incorporated by reference;

Your violation of any law or the rights of a third party, including, without limitation, Passengers, other motorists, and pedestrians, as a result of Your interaction with such third party;

any allegation that any materials that You submit to Pronto Cars London Ltd or transmit through the Software infringe or otherwise violate the rights (including intellectual property rights) of any third party;

Your ownership, use or operation of a motor vehicle or passenger vehicle, including the provision of Journeys; and/or

Any other activities in connection with the provision of Journeys by You

As a self-employed contractor, You are solely responsible for any tax obligations (for example, income tax or employee national insurance contributions) that You incur as a result of providing the Journeys. To the maximum extent permitted by law, you indemnify Pronto Cars London Ltd from all tax liabilities, duties, levies, claims and penalties that they may incur as a result of Your failure to comply with Your tax obligations. If You have any concerns, please seek professional tax and accounting advice.

Term and Termination

These Driver Terms are effective upon Your submission of Your application to register with pronto Cars London Ltd and will continue in full force and effect until terminated by either party in accordance with these Driver Terms.

You may terminate your relationship with Pronto Cars London Ltd at any time by giving Pronto Cars London Ltd 7 (seven) days’ notice in writing. Upon termination, the license granted to You is automatically revoked and You must immediately cease use of the Driver App.

Unless otherwise set out in these Driver Terms, Pronto Cars London Ltd may terminate their relationship with You at any time by giving You at least 3 (three) days’ notice in writing.

Pronto Cars London Ltd are also entitled to immediately terminate their relationship with You and block Your access to the Software (including preventing You from registering a new account) without giving any advance notice if:

You are in of breach of these Driver Terms and/or any applicable laws or regulations; or

You provide poor service (as evidenced by Passenger complaints) and such poor service standards would, in Pronto Cars London Ltd reasonable opinion, bring Pronto Cars London Ltd into disrepute.

Upon termination of Your relationship with Pronto Cars London Ltd by any party for any reason and howsoever caused all rights granted to You under these Driver Terms shall cease and You must cease all activities authorized by these Driver Terms. At such time, You must delete or remove the Software from Your device.

Final Provisions

These Driver Terms shall be governed by, and construed and enforced in accordance with the laws of England and Wales.

Any dispute, conflict, claim or controversy that may arise out of or in connection with these Driver Terms, whether with respect to their existence, validity, interpretation, construction, enforceability, performance, breach, termination or otherwise (and including non-contractual disputes) (any “ Dispute” ), shall be settled by way of informal negotiations wherever possible. If the respective Dispute resulting from these Driver Terms could not be settled through such informal negotiations, then the Dispute shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ ICC Mediation Rules” ). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ ICC Arbitration Rules” ). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be London, England. The language of the mediation and/or arbitration shall be English, unless You do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and Your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

You may not assign these Driver Terms or any of the rights or obligations under these Driver Terms.

You agree that Pronto Cars London Ltd may assign any of its obligations arising under these Driver Terms to any Affiliate Company.

Any notice required to be given to You by Pronto Cars London Ltd will be delivered to the email address associated with Your account, sent by registered mail to the address associated with Your account, Any notice required to be given by You to Pronto Cars London Ltd should be delivered using the registered mail to Pronto Cars London Ltd registered office or by email to the email address on the Website.

If any provision of these Driver Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Driver Terms shall not be deemed a waiver of such term.

Pronto Cars London Ltd may change these Driver Terms at any time by giving You at least fourteen (14) days’ prior notice .. Pronto Cars London Ltd commits to informing Transport for London of any significant changes Pronto Cars London Ltd makes in accordance with Regulation 9(13) of the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 which provides that: 'The operator shall notify the licensing authority of any material changes to its operating model that may affect the operator's compliance with the 1998 Act, these Regulations or any conditions of that operator's licence, before those changes are made.'

Any change shall come into effect and be deemed accepted by You if you continue to use the Software after the expiry of the notice period above.

No provision of these Driver Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Driver Terms.

Date of entry into force of the Driver Terms 01November 2020

Ground Floor Front, 5 Sutherland Avenue, London, W9 2HE