PHAT App – Driver Subscription Terms and Conditions
Effective Date: 14th September 2023
These Terms and Conditions (“Terms”) govern your use of the PHAT App platform (“Platform”) and subscription as a driver with PHAT App (“Driver” or “You”). By subscribing to the PHAT App platform, you agree to comply with these Terms. Please read these Terms carefully.
- Subscription Fees and Payments
1.1. As a Driver, you agree to pay a subscription fee to access and use the PHAT App platform.
1.2. The subscription fee options are: £40 per week, payable weekly, or £165 per month, payable monthly.
1.3. Subscription fees are non-refundable and must be paid in full and on time, regardless of holidays, breaks, or any period during which you may not actively use the platform.
- Responsibility for Customer Trips
2.1. You acknowledge and agree that any customer trips assigned to you through the PHAT App platform are your responsibility.
2.2. You must ensure that you fulfill the assigned trips promptly and in compliance with all applicable laws, regulations, and safety standards.
2.3. If a customer has specifically asked for your firm, then it is your responsibility to fulfill their trip. If you cannot fulfill the trip, for whatever reason, it is expected that you arrange suitable cover for them.
2.4. Customer complaints about:
i) The trip: Customer complaints arising due to your own negligence will be investigated and, if suitable, remedied by yourself and/or your company. The PHAT App assumes no responsibility for miscommunication or poor conduct on your behalf.
ii) Your Firm: If a customer complains about you or your firm, then this will be treated seriously. We will conduct an investigation into what happened and, if necessary, arrange a suitable solution to remedy the complaint. This may include refusing further trips from the customer and/or the permanent removal of the driver or firm from our platform. We reserve the right to terminate your subscription permanently and immediately if gross misconduct or illegal activities are evident. Subsequent actions may well include the obligation to inform the local authorities, including the local licensing office and/or the police.
2.5. It is your obligation to ensure that trips are confirmed and pre-called. The customer should know exactly how much they are going to pay, not just for their trip, but for any additional fees for lateness, no-show, or cancellation (if the cancellation is within an unacceptable time period immediately prior to the expected pick-up time.)
2.6. You will be notified by 30 days, prior to the expiration of either or all of your motor certificates of insurance, MOT, Council compliance test (for your vehicle), private hire/hackney carriage licence, and/or operators licence. It is your responsibility to ensure new documents are submitted to us. If you fail to submit to us, the relevant documents, your access may be partially or completely restricted.
- Termination and Cancellation
3.1. PHAT App reserves the right to terminate or suspend your subscription and access to the platform at any time, for any reason, with or without notice.
3.2. You may cancel your subscription at any time. However, no refunds will be provided for any remaining portion of the subscription period.
- Changes to Terms and Fees
4.1. PHAT App reserves the right to modify these Terms, including the subscription fees, at any time without prior notice.
4.2. Any changes to the subscription fees will be effective upon the next billing cycle after the modifications are made.
- Liability and Indemnification
5.1. PHAT App shall not be liable for any loss, damage, injury, or any other claims arising from your use of the platform or services provided to customers.
5.2. You agree to indemnify and hold PHAT App harmless from any claims, liabilities, damages, expenses, and costs (including lawyer and legal fees) arising out of or in connection with your use of the platform or any breach of these Terms.
- Governing Law
6.1. These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.
6.2. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located within the United Kingdom.
By subscribing to the PHAT App platform, you confirm that you have read, understood, and agree to abide by these Terms and Conditions. If you do not agree with any of these terms, you should not subscribe to or use the PHAT App platform.