Terms & Conditions
- a. The terms "The Company", "Ourselves", "We" and "Us", collectively refer to PiXL Tech Limited.
- b. The terms "Client", "You" and "Your" refers to you, the person accessing the website or the Pixi Smartphone App and accepting the Company’s terms and conditions.
- c. "Service" includes both the website, www.pixi.cab, and the Pixi Smartphone Apps.
2.ACCEPTANCE OF TERMS
This website is owned and operated by PiXL Tech Limited, whose registered office is Pixl Tech Limited, Laird Business Centre, 320 Laird Street, Chester CH41 8ER United Kingdom. PiXL Tech Limited is registered as a limited company in England and Wales with company number 09347105.
Our contact email is: email@example.com
4.CHANGES TO SERVICES
PiXL Tech Limited reserves the right to:
- a. change or remove (temporarily or permanently) the Services provided by the Website the Apps or any part of it without notice and you confirm that Pixl Tech Limited shall not be liable to you for any such change or removal; and
- b. change these Terms and Conditions at any time, and your continued use of the Service following any changes shall be deemed to be your acceptance of such change.
- a. All copyright, trademarks and all other intellectual property rights in the Service and its content (including without limitation the Website and App designs, text, graphics and all software and source codes connected with the Service) are owned by or licensed to www.pixi.cab or otherwise used by www.pixi.cab as permitted by law.
- b. In accessing the Services, whether through the website or the Apps, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
- a. You agree that neither Company nor its group companies, directors, officers or employee shall be liable for any direct and/or indirect and/or incidental and/or special and/or consequential and/or exemplary damages, resulting from the use and/or the inability to use the service and/or for cost of procurement of substitute goods and/or services or resulting from any goods and/or data and/or information and/or services purchased and/or obtained and/or messages received and/or transactions entered into through and/or from the service and/or resulting from unauthorized access to and/or alteration of user's transmissions and/or data and/or arising from any other matter relating to the service, including but not limited to, damages for loss of profits and/or use and/or data or other intangible, even if Company has been advised of the possibility of such damages.
- b. Access to the Service is permitted for personal use only. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- c. To the extent permitted by law, The Company will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Service.
- d. The Company makes no warranty that the functionality of the Service will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- f. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of The Company for death or personal injury as a result of the negligence of The Company or that of its employees or agents.
- g. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages and/or losses and/or causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
- h. In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
7.ACCEPTABLE WEBSITE USE
- a. You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- b. You may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
You unilaterally agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against The Company arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
9. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
10. LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
11. DISCLOSURE OF DATA
By using this site or the Pixi Smartphone apps, you hereby provide The Company with full, irrevocable authority to provide data concerning your name, mobile telephone number, pick-up time and journey to the Pixi pool of taxi drivers in your location. This data will be used to select your taxi driver from the Pixi taxi pool and will enable the taxi driver to pick you up at the chosen location and take you to your destination. No other data about you will be disclosed to the pool of taxi drivers or your specific taxi driver.
12. NON AGENCY
Pixi is provided to licenced taxi operators in all areas that we provide taxi for hire services. The website site and the Pixi Smartphone app provide you with access to a large number of licenced taxi drivers in your locality. Your contract for the hire of a taxi with your taxi driver is governed by the local authority. The Company is not a party to that contract. The Company therefore accepts no liability whatsoever for any loss(es) that you suffer as a result of your contract with your taxi driver. In no event shall The Company, its officers, directors or employees be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any financial or personal injury or property damage, resulting from your use of a taxi driver contacted through the Site or the Pixi Smartphone App. Notwithstanding the above, in the event that a court or other authority finds that The Company is liable, in whole or in part, you will hereby indemnify The Company against any loss(es) suffered by yourself as a result of the respective taxi journey. To the fullest extent permitted by law you acknowledge and agree that The Company will not be liable to you or any third party for any consequential or incidental losses (including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and/or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) resulting from your use of this Site or the Pixi Smartphone App.
13. DISCLOSURE OF DATA TO LEGAL AUTHORITIES
The Company reserves the right to disclose data concerning your use of our services to any legal authority where it is obliged to do so by law, regulation or governmental request. The Company will not be obliged to notify you of any such disclosure.
14. FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
17. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you hereby submit to the exclusive jurisdiction of the England and Wales courts.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement and/or the use of the Pixi Smartphone applications indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
PiXL Tech Limited last updated 7th July 2020