General Terms of Use Kab Driver App for Taxi Contractors and Taxi Drivers
Taxi Driver/Ireland/Valid as of: January 2017
of Kab Ltd., Portershed, Eyre Square, Co. Galway, Directors of the Company: Richard Commins, email: contact@kab.ie.
Preamble
The use of the Kab Driver App by taxi contractors or the taxi drivers working for them and registered under their names, respectively, (the "User") shall be governed by the following General Terms of Use. All User shall be licensed SPSV (small public service vehicle) licensed vehicle driver. All taxi transportation services (also referred to as “journey”) dispatched by Kab must be made by SPSV licensed vehicles as taxis, hackneys or limousines (hereinafter collectively referred to as “taxi”). By using the Kab Driver App for the first time and each time the User logs in to the Kab Driver App, the User agrees to these General Terms of Use.
NOTE: The User shall also be bound by the regulations applicable to them within the scope of the use of the services of Kab in particular by any applicable local taxi transportation laws, tariffs and tariff rules relating to transportation by taxi. The User may accept transport orders only to the extent and insofar as admissible in accordance with the applicable provisions.
1. Kab Services
1.1 Kab procures potential passengers looking for a taxi using kab and/or courier services for taxi contractors or taxi drivers registered under their names, respectively. Procurement is effected by means of the Kab driver App software, which Kab provides to the User for this purpose for web-enabled mobile end-devices, in particular smartphones, (hereinafter: "End-devices") in accordance with these General Termsof Use. The procurement services rendered by Kab and the terms thereof shall not be covered by these General Terms of Use.
1.2 The User shall be solely responsible for Internet access, technical requirements, and the configuration and capability of the End-device for using the Kab Driver App, and for the required software being up to date, at their own expense.
2. Availability
2.1 The User shall have no right to the continuous and uninterrupted availability or operation of the Kab Driver App and it is provided on an "as is" and "as available" basis. However, Kab shall endeavor to achieve maximum possible availability and to resolve any disruptions as quickly as reasonably possible.
2.2 In such circumstances, Kab is entitled to discontinue the services offered via the Kab Driver App temporarily in whole or in part, even without prior notice to the Users individually. Information in this regard shall be provided for a period of three months via the homepage at www.kab.ie.
3. General Contractual Obligations of the User
3.1 Prior to using the Kab Driver App, the User must register with Kab, and furnish complete and accurate information as specified in the registration process and shall ensure that all such information is kept accurate and complete by notifying Kab of any updates by email to conact@kab.ie.
3.2 The User may only use the Kab Driver App if the User is in possession of all required licenses necessary `to provide taxi services and observes and fulfills all statutory requirements in relation to taxi services (including, but not limited to SPSV licenses). In the event that the User is not in possession of such licenses him/herself, the User may only use the Kab Driver App for the drivers registered with "kab" under his/her name that fulfill the aforementioned requirements.
3.3 The End-device required for using the Kab Driver App shall be installed permanently in the taxi and all applicable legal requirements, including but not limited to, local road traffic regulations shall be complied with while using the End-device.
3.4. The User shall use the Kab Driver App only for lawful purposes and as permitted by these General Terms of Use. The User shall not:
3.5 The User agrees and acknowledges that Kab shall not be liable, and accepts no responsibility, for any matter related to the behavior of other Users or passengers or potential passengers of any Users.
4. Software
4.1 The User shall use the Kab Driver App so as not to impair, overload or damage it and not to jeopardize or bypass the intended purpose of the Kab Driver App. The User shall neither personally nor through third parties bypass or modify the security precautions of the Kab Driver App.
4.2 All intellectual property rights in the Kab Driver App shall remain with Kab. The User acknowledges that it has no right to have access to the Kab Driver App in source-code form. The Kab Driver App provided to the User must not be copied, modified, regressed, decompiled, reverse engineered and/or distributed.
4.3 The User shall keep his/her user name and password safe and shall not disclose them to third parties or provide them with access to the Kab Driver App. The User shall be solely responsible for the confidentiality and security of his/her account. Any unauthorized third-party use must immediately be reported to Kab.
4.4 Kab reserves the right to modify the software at any time in order to further develop the software and improve it in terms of quality.
5. Responsibility for Contents
5.1 The responsibility for contents or contents published on or transferred via Kab's Driver App and Kab website shall be solely borne by the publishing party. Said publishing party is obliged to follow the law maintaining proper morals and imperative objectiveness. Kab shall not assume any liability whatsoever for such third-party contents.
5.2 Any User generated content must not be harmful, unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, hateful, racially or ethnically offensive, or otherwise objectionable in accordance with any Kab content policies which may be in place from time to time.
5.3 Kab has the right, and may be obliged by law, to remove any User generated content that violates section 5.2. However, Kab is not required to verify the content. Any reliance on third party generated content, such as reviews, is solely at the User's risk and the User agrees that Kab shall have no liability relating to the accuracy, truthfulness or veracity of any such third party content. Kab assumes no responsibility for any third party content published on or transferred via the Kab Driver App and will not be liable to the User for any loss or damage that may arise in relation to any reliance on such third party content.
5.4 Kab may immediately delete any publication violating the above rules.
6. Tracking, Third-Party Information
6.1 For the provision of the aforementioned services, the current location of the passenger looking for a taxi and the User participating at the respective time are tracked, provided that the tracking function has been activated.
6.2 Any personal data of passengers or potential passengers that is transferred or revealed to a User via the Kab Driver App must not be used by the User for any purposes other than providing the procurement service and must not be disclosed to third parties by the User without the prior consent of Kab.
7. Exclusion from Use
7.1 In the event of any breach of obligations arising from applicable law or contractual agreements, the User may be temporarily or permanently excluded from the use of the Kab Driver App and the entire service or from individual partial services at the sole discretion of Kab.
7.2 The User may also be temporarily or permanently excluded from the Kab Driver App and/or all or some of the service(s) if the User does not fulfill its obligation to pay the remuneration in due time, revokes the direct debit authorization given or does not carry out transport after having accepted a trip or after having received an Advance Reservation, as that term is defined in the General Terms and Conditions (Kab Procurement Framework Agreement) for Taxi Contractors , without a valid and acceptable reason and without furnishing proof thereof.
8. Termination
8.1 In addition to clause 7, either party may terminate this agreement with immediate effect, and without giving any reason, at any time by giving notice (email and push message shall suffice). For the purpose of this clause, it is sufficient if the User simply uninstalls the Kab Driver App from his/her End-device.
9. Rating System
9.1 The User agrees that the passengers transported by the User may rate the services rendered by the User (driver and vehicle).
9.2 The User further agrees to these non-anonymized ratings being published on the homepage www.Kab.com and the Kab Driver App for the time the User participates in the Kab service.
10. Liability
10.1 Nothing in these General Terms of Use shall exclude or limit any way the liability of either party:
1. for death or personal injury caused by negligence;
2. for fraud or fraudulent misrepresentation; or
3. for any matter for which it would be illegal or unlawful to exclude or limit, or attempt to exclude or limit, a party's liability
10.2 Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these General Terms of Use, Kab accepts no liability for any losses (whether direct, indirect or consequential) incurred by the User and whether caused by tort (including negligence) or for breach of contract or otherwise, even if foreseeable, including (without limit) for any:
10.3 In the event that Kab is found to be liable to the User for any reason, the sums payable to the User in respect of such liability shall not in any circumstances exceed €1,200.
10.4 The User shall defend, indemnify and hold harmless Kab against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with use of the Kab Driver App including, but not limited to, any claim by a third party in connection with the provision of the transportation services by the User.
10.5 The User must immediately notify Kab of any actual or threatened claim under clause 10.3 and provide Kab with all relevant information relating to the claim.
11. Final Provisions
11.1 These General Terms of Use together with the documents referred to herein constitute the entire agreement between the parties with respect to its subject matter. Should any provision of these General Termsof Use be invalid or unenforceable or should they contain a gap, this shall not affect the validity of the remaining provisions. Instead of the invalid provision or for the fulfillment of the gap a provision shall be incorporated to give effect to the purpose of these General Terms of Use.
11.2 The venue for any and all legal disputes arising out of or in connection with this Agreement for all parties involved shall be the Irish courts.
11.3 The contractual relationships shall be governed by Irish law.
11.4 The User may not assign or transfer these General Terms of Use without Kab's prior written consent. Any attempt by the User to assign or transfer these General Terms of Use, without such consent, will be void. Kab may assign or transfer these General Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these General Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.4 Kab reserves the right to amend these General Terms of Use upon reasonable notice to the User, provided that the User shall be entitled to refuse any such amendment and terminate the agreement upon the provision of written notice. If the User does not exercise its right to termination within four weeks after notification of such amendment, it shall be deemed to have accepted such amendment. The relevant applicable General Terms of Use are always available online at www.Kab.com.
11.5 Any notices or other communications required under these General Terms of Use, including those regarding any amendment to these General Terms of Use, will be in writing and given: (i) by Kab via e-mail (in each case to the address that the User provides during the registration process) or (ii) by posting on the Kab Driver App or website at www.Kab.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
11.6 The failure of Kab to enforce any right or provision of these General Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Kab. Except as expressly set forth in these General Terms of Use, the exercise by either party of any of its remedies under these General Terms of Use will be without prejudice to its other remedies under these General Terms of Use or otherwise.
September 2017
©Kab Ltd.
Kab Ltd.
Portershed, Eyre Square, Co. Galway
Managing Director: Richard Commins
email: contact@Kab.ie
www.Kab.ie
General Terms and Conditions (Kab Procurement Framework Agreement) Taxi
Contractors/Ireland/Valid as of: September 2017
of Kab Ltd., Portershed, Eyre Square, Co. Galway, Ireland (hereinafter: "Kab"), Directors of the Company: Richie Commins, email: contact@kab.ie.
NOTE: This General Terms and Conditions only apply to multi-vehicle-contractors which employ licensed SPSV (small public service vehicle) licensed vehicle driver and individual-contractors who are a licensed SPSV licensed vehicle driver (hereinafter “taxi contractor”). All taxi transportation services (also referred to as “journey”) dispatched under this agreement must be made by SPSV licensed vehicles as taxis, hackneys or limousines (hereinafter collectively referred to as “taxi”). The taxi contractor or the taxi drivers registered under its name, respectively, shall also be bound by the regulations applicable to them within the scope of the use of the services of Kab, in particular by any applicable local laws, tariffs and tariff rules relating to transportation by taxi. They may accept transport orders only to the extent and where admissible in accordance with the applicable provisions.
1. Kab Services
1.1 Kab procures potential passengers looking for a taxi using Kab and/or courier services for taxi contractors or taxi drivers registered under their names, respectively. Procurement is effected by means of the "Kab" software, which Kab provides to the taxi contractor or the taxi drivers working for it and registered under its name, respectively, for this purpose (see General Terms of Use Kab Driver App).
1.2 In addition to the mere procurement service, Kab offers taxi contractors the possibility to collect the fares owed by individual passengers procured via Kab on a non-cash basis via the "Kab" software by electronic direct debit system, by credit card, PayPal or other payment methods (hereinafter collectively: "Kab-Payment Trip"), provided that the passenger concerned is entitled to order or use, respectively, a Kab-Payment Trip. The persons entitled to order or use, respectively, a Kab-Payment Trip are registered with Kab and will be assigned an individual authorization method (e.g. Password, PIN or TAN) for purposes of processing and authorizing the payment transaction relating to a Kab-Payment Trip.
1.3 Kab shall provide the taxi contractor and the taxi drivers working for it and registered under its name (see Section 2.1) with the "Kab" software for web-enabled mobile end-devices, including smartphones, (hereinafter: "End-devices") required for using the services in accordance with the general terms of use applicable to the software.
2. General Contractual Obligations of the Taxi Contractor
2.1 Prior to using the services of Kab, the taxi contractor must register with Kab, and furnish complete and accurate information as specified in the registration process. Doing so, the taxi contractor, inter alia, states whether it intends to use the procurement services as an individual contractor (the taxi contractor is the sole driver of the taxi company registered with Kab) or as a multi-vehicle contractor (the taxi contractor registered with Kab has at least two taxi drivers registered with Kab on its payroll or has one taxi driver on its payroll in addition to the taxi-driving contractor himself/herself). It further submits the data of the taxi drivers that are to make use of Kab's procurement service via the "Kab" software on its behalf and confirms and warrants that it has received all necessary consents from the taxi drivers to share this information with Kab. Upon registering, the taxi contractor authorizes the registered taxi drivers to make use of Kab's procurement services in its name and for its account in accordance with these General Terms and Conditions.
2.2 The taxi contractor shall ensure that the transport orders procured by Kab will be exclusively handled by its own taxi drivers registered with Kab and that these taxi drivers are aware of and comply with these General Terms and Conditions. The taxi contractor shall inform Kab without undue delay if its contractual relationship of a taxi driver registered with Kab under its name has been terminated.
2.3 The taxi contractor further undertakes to ensure that the "Kab" software will exclusively be used by taxi drivers registered under its name that are in possession of all required licenses for taxi transportation and fulfill and comply with all statutory requirements relating to taxi services. The taxi contractor shall further ensure that the taxi drivers registered under its name will act in accordance with the general terms of use with respect to the "Kab" software. The taxi contractor shall further ensure that the End-device required for using the "Kab" software will be installed permanently in the taxi and that all applicable legal requirements, including but not limited to, local road traffic regulations are complied with while using the End-device.
2.4 The taxi contractor is further obliged to (and shall ensure its taxi drivers shall) update the status of the respective taxi (free or engaged) in the activated "Kab" software at all times, so that participating potential passengers can always identify the current status of the taxi via the "Kab" software.
2.5 A legally binding contract of carriage is entered into between the taxi contractor (represented by one of the taxi drivers working for it, as the case may be) and the passenger through the use of the "Kab" software when the "ACCEPT" button is pressed. The settlement of the taxi trip is solely made between the taxi contractor and the passenger in accordance with the contractual and statutory provisions (taxi tariff).
3. Special Obligations of the Taxi Contractor with Respect to the Processing of Payments (Cash-Payment Trip/Kab-Payment Trips)
3.1 When accepting a Kab-Payment Trip, the taxi contractor or the taxi driver registered under its name, respectively, is obliged to duly effect transport without immediate payment. Upon completion of a Kab-Payment Trip, the taxi contractor (or the taxi driver acting on its behalf, as the case may be) shall obtain confirmation that the passenger is authorized to pay via Kab Payment, as well as confirmation of the gross fare (inclusive of VAT, if applicable) and a potential gratuity payable via Kab Payment (hereinafter: "Payment Amount") by having the passenger performed his/her authorization method and thereby agreeing to the Payment Amount and the method of payment. The taxi contractor is obliged to pay any VAT payable on the fare in accordance with the statutory provisions, if applicable.
3.2 The taxi contractor shall not issue any receipts/invoices to passengers for Kab-Payment Trips procured by Kab. These receipts/invoices shall be sent to the passenger by Kab or one of its cooperation partners electronically or by mail. The taxi contractor hereby authorizes Kab and its cooperation partners to invoice the fare payable for a Kab-Payment Trip in its name, inclusive of VAT, if applicable.
If a trip is not a Kab-Payment Trip and if a passenger does not opt for the possibility to pay for the fare on a non-cash basis via the "Kab" software (e.g. if the passenger pays in cash), the taxi contractor shall issue a proper receipt/invoice for the passenger itself upon the latter's request.
3.3 The taxi contractor hereby assigns to Kab all claims arising in favour of the taxi contractor from Kab-Payment Trips that have been confirmed by the passenger pursuant to Section 3.1. Kab hereby declares vis-à-vis the taxi contractor its acceptance of the assigned claims relating to transportation and/or courier services with respect to Kab-Payment Trips.
3.4 Kab shall assume the credit risk for any claims duly assigned.
3.5 The taxi contractor shall be responsible for the providing proof of the valid existence of the assigned claims. In the event that an assigned claim does not exist, the taxi contractor shall be liable to Kab for the payment of the relevant amount.
4. Special Obligations of the Taxi Contractor in the Case of Advance Reservations
4.1 Kab passengers may make an advance reservation for transportation by a taxi contractor via Kab (hereinafter: "Advance Reservation"). Kab will forward the taxi order commissioned as an Advance Reservation by a Kab passenger to the taxi contractors. By accepting the Advance Reservation, the taxi contractor shall perform the transport order in accordance with the passenger's reservation.
4.2 The taxi contractor shall be free to accept an Advance Reservation. However, once it has confirmed acceptance of the Advance Reservation of a Kab passenger, the taxi contractor is obliged to duly carry out the Advance Reservation in accordance with the Kab passenger's reservation, i.e. to pick up the Kab passenger at the agreed place at the agreed time and to transport the passenger to the desired destination.
4.3 If the taxi contractor is unable to carry out the Advance Reservation accepted by it through no fault of its own for reasons outside of its control occurring after having accepted the Advance Reservation, it is obliged to cancel the Advance Reservation in the Kab driver app without undue delay. Kab will then offer this Advance Reservation to other taxi contractors. The taxi contractor is obliged to use all reasonable efforts to find a substitute taxi contractor who will accept the renewed Advance Reservation.
4.4 In the event that third parties, in particular Kab passengers making Advance Reservations, assert claims against Kab or its affiliated enterprises to the effect that the taxi contractor canceled an accepted Advance Reservation or did not carry out the trip reserved in advance at all or did not carry it out in a timely manner, the taxi contractor shall notwithstanding Clause 10 fully indemnify Kab against such claims (as well as any damages and losses arising therefrom, including the appropriate costs for the legal defense).
5. Remuneration and Settlement of Accounts
5.1 For every successful procurement of a passenger via the "Kab" software, the taxi contractor shall pay the agreed procurement fee, the amount of which shall be determined on the basis of the relevant applicable schedule of fees, which is available at www.Kab.com (as amended and notified to the taxi contractor from time to time).
5.2 Kab finally undertakes to pay a purchase price in the amount of the Payment Amount for each claim assigned by the taxi contractor to Kab pursuant to Section 3.3 of this Agreement.
6. Settlement and Payment
6.1 Settlement of the charges relating to the services rendered by Kab and settlement of the purchase price for the claims assigned pursuant to Section 3.3 shall be effected directly with the taxi contractor. Settlement shall be effected within six weeks from the end of the journey.
6.2 Kab shall set off against the total amount owed by the taxi contractor pursuant to Section 5 against the purchase price for assigned claims incurred in the same settlement period and any other claims of the taxi contractor against Kab from remunerations granted by Kab in this period of time (e.g. for outdoor advertising) and any claims of Kab against the taxi contractor regardless of any procurement that became due in this period of time.
6.3 Any difference outstanding after this set-off shall be payable without any deductions within seven (7) days after receipt of the invoice. Payment on the part of the taxi contractor shall be effected by SEPA direct debiting, on the part of Kab by bank transfer to the account designated by the taxi contractor vis-à-vis Kab.
6.4 The invoice shall be sent to the taxi contractor by email.
6.5 Objections to the correctness of the monthly invoice shall be made in writing within six weeks after receipt of the invoice. Failure to make any objections within this time period shall be deemed as acceptance of the invoice. Kab shall notify the taxi contractor of this acceptance period upon invoicing. The taxi contractor may also request the correction of the invoice after the six-weeks' period has expired; however, in this case it must furnish evidence to prove that the invoice was incorrect.
6.6 Upon registration, the taxi contractor will authorize Kab to debit the remuneration owed by it from its account by SEPA direct debit mandate. The taxi contractor undertakes to vest Kab with a respective SEPA direct debiting authority. The completed form "SEPA direct debit mandate" is to be signed by the taxi contractor as the account holder and is to be handed over personally or sent to Kab by mail or fax. A shortened period of one bank business day shall apply to the SEPA direct debit advance notices. The taxi contractor is entitled to revoke the SEPA direct debit mandate given to Kab at any time.
7. Availability
7.1 The taxi contractor shall have no right to the continuous and uninterrupted availability of Kab's services. However, Kab shall endeavor to achieve maximum possible availability and to resolve any disruptions as quickly as reasonably possible.
7.2 In such circumstances, Kab is entitled to discontinue its services temporarily in whole or in part, even without prior notice to users individually. Information in this regard shall be provided for a period of three months via the homepage at www.Kab.com.
8. Exclusion From Use
8.1 In the event of any breach of obligations arising from applicable law or contractual agreements, the taxi contractor and the drivers registered under its name may be temporarily or permanently excluded from the use of the entire services or from individual partial services at the sole discretion of Kab.
8.2 A taxi contractor and/or the registered drivers may also be temporarily or permanently excluded from the service if the taxi contractor does not fulfill its obligation to pay the remuneration in due time, revokes the direct debit authorization given or does not carry out transport after having accepted a trip or after having received an Advance Reservation without a valid and acceptable reason and without furnishing proof thereof.
8.3 If the taxi driver/taxi contractor or a driver registered under its name cancels an accepted Advance Reservation without having been forced to do so through no fault of its own or if the taxi driver/taxi contractor fails to cancel the Advance Reservation without undue delay when being unable to carry out the transportation through no fault of the taxi driver's/taxi contractor's own or if the taxi driver/taxi contractor fails to use all reasonable efforts to find a substitute taxi driver who will accept the newly offered Advance Reservation, Kab is entitled in its sole discretion to exclude the taxi driver/taxi contractor from the procurement of taxi transportation or Advance Reservations for an indefinite period of time.
9. Termination of the Agreement
9.1 This Framework Agreement is of unlimited duration and both parties are entitled to terminate this Framework Agreement in whole with immediate effect, and without giving any reason by providing written notice (e-mail shall suffice).
9.2 The Framework Agreement shall end automatically in whole without a notice of termination being required if neither the taxi contractor itself or all of the taxi drivers registered under the name of a taxi contractor are no longer authorized by applicable licensing laws to provide transportation with taxis. Termination under clause 9.2 shall only be applicable to a taxi driver who is no longer authorized to provide transportation services.
9.3 Kab is entitled to terminate this Agreement with respect to parts of Kab's services, in particular the services Kab-Payment and Kab Advance Reservations, without giving any reason at any time in text form.
10. Liability
10.1 Subject to clause 10.2 and 10.3, Kab's maximum aggregate liability under or in connection with these General Terms and Conditions (including in relation to a taxi contractor's or a taxi driver's use of any services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €1,200.
10.2 Kab shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for: (i) any economic losses (including loss of revenues, profits, contracts, data, business or anticipated savings); (ii) any loss of goodwill or reputation; (iii) any special or indirect or consequential losses; (iv) losses and/or damage not caused by its breach; (v) the actions or inactions of any passengers; (vi) the actions or inactions of other drivers; or (vii) failure to provide any services or to meet any of its obligations under these General Terms and Conditions where such failure is due to events beyond Kab's control (for example a network failure).
10.3 Nothing in these General Terms and Conditions shall limit or exclude Kab's liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
11. Final Provisions
11.1 These General Terms and Conditions together with the documents referred to herein constitute the entire agreement between the parties with respect to its subject matter. Should any provision of these General Terms and Conditions be invalid or unenforceable or should they contain a gap, this shall not affect the validity of the remaining provisions. Instead of the invalid provision or for the fulfillment of the gap a provision shall be incorporated to give effect to the purpose of these General Terms and Conditions.
11.2 Kab reserves the right to modify its services at any time in order to further develop its services and improve them in terms of quality.
11.3 Furthermore, Kab reserves the right to amend these General Terms and Conditions upon reasonable notice to the taxi contractor, provided that the taxi contractor shall be entitled to refuse any such amendment and terminate the agreement upon the provision of written notice. If the taxi contractor does not exercise its right to termination within four weeks after notification of such amendment, it shall be deemed to have accepted such amendment. The relevant applicable General Terms and Conditions are always available online at www.Kab.com.
11.4 The contractual relationships shall be governed by Irish law.
11.5 Exclusive venue for any and all legal disputes arising out of or in connection with this Framework Agreement for all parties involved shall be the Irish courts.
11.6 The taxi contractor may not assign or transfer these General Terms and Conditions without Kab's prior written consent. Any attempt by the taxi contractor to assign or transfer these General Terms and Conditions, without such consent, will be void. Kab may assign or transfer these General Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these General Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.7 Any notices or other communications required under these General Terms and Conditions, including those regarding any amendment to these General Terms and Conditions, will be in writing and given: (i) by Kab via e-mail (in each case to the address that the taxi contractor provides) or (ii) by posting to on the Kab website at www.Kab.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
11.8 The failure of Kab to enforce any right or provision of these General Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Kab. Except as expressly set forth in these General Terms of Use, the exercise by either party of any of its remedies under these General Terms and Conditions will be without prejudice to its other remedies under these General Terms and Conditions or otherwise.
As of: September 2017 ©Kab Ltd.
Schedule of fees of Kab Ltd.
Taxi dispatch service: 9% of the Payment Amount
As of: September 2017
Kab Ltd.
Portershed, Eyre Square, Co. Galway
Managing Director: Richie Commins
email: contact@Kab.com
www.Kab.com
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