Terms of service

• Platform — the Hizke software, including the operator console, dispatch engine, driver application, rider application and associated APIs.
• Operator — the licensed taxi or private hire business that subscribes to the platform.
• Authorised User — a person the Operator permits to access the platform, including staff and drivers.
• Passenger — an end customer who books a journey through the Operator.
• Operator Data — data entered into or generated through the platform by or on behalf of the Operator.

The platform is provided for business use by licensed taxi and private hire operators. To subscribe you must be a business, not a consumer, and you must hold and maintain all licences required to operate in your area.

You are responsible for all activity under your account, for keeping credentials secure, and for ensuring your Authorised Users comply with these terms. Tell us immediately if you believe an account has been compromised.

Hizke provides software. We are a technology supplier. We are not a taxi or private hire operator, a transport provider, an employer or agent of any driver, or a party to any contract between an Operator, a driver and a Passenger.

The Operator is solely responsible for:

• Holding and maintaining its operator licence and complying with the conditions attached to it
• Verifying that every driver holds a valid licence, insurance, MOT and any other document its licensing authority requires, and that vehicles are licensed and roadworthy
• Carrying out its own right-to-work checks and any background checks its licensing authority requires
• The safety, conduct and supervision of its drivers and the journeys it dispatches
• Its obligations to Passengers, including fares, cancellations, complaints and refunds
• Complying with all applicable transport, licensing, employment, consumer and data protection law

Compliance features in the platform — including document expiry tracking and KYC record-keeping — are administrative tools to help the Operator manage its own obligations. They do not verify authenticity, do not constitute legal or licensing advice, and do not transfer any compliance obligation to us.

Fees, billing frequency and any usage limits are set out in your order form or in the plan you select. Unless agreed otherwise:

• Fees are payable in advance and are stated exclusive of VAT, which we add at the prevailing rate
• Subscriptions renew automatically for successive terms unless cancelled before the renewal date
• Payments are collected by our payment provider using the payment method on your account
• We may change our prices on at least 30 days’ written notice, taking effect at your next renewal
• Fees already paid are non-refundable except where these terms or the law say otherwise
• If payment fails, we may suspend access after giving you notice and a reasonable opportunity to pay

You must not, and must not permit any Authorised User to:

• Use the platform for any unlawful purpose, or in breach of any licensing condition
• Dispatch journeys through the platform without holding the licences required to do so
• Attempt to gain unauthorised access to the platform, other customers’ data, or our infrastructure
• Reverse engineer, decompile, copy or create derivative works from the platform, except as permitted by law
• Resell, sublicense or provide the platform to a third party as a service, unless we have agreed a white-label or reseller arrangement in writing
• Upload malicious code, or content that is unlawful, defamatory or infringes another person’s rights
• Interfere with the operation of the platform, circumvent usage limits, or place unreasonable load on it through automated means

We may suspend access without notice where we reasonably believe there is a security risk, unlawful activity, or a breach of this section that risks harm to others.

Each party will comply with applicable data protection law. In respect of Operator Data containing personal data, the Operator is the controller and Hizke is the processor, and processing is governed by our data processing agreement, which forms part of these terms.

Our Privacy Policy explains how we handle personal data for which we are the controller.

The Operator confirms it has a lawful basis for the personal data it enters into the platform, and that it has given the required privacy information to its drivers and Passengers.

Operator Data belongs to the Operator. We claim no ownership of it.

You grant us a licence to host, copy, transmit and display Operator Data only as needed to provide and support the platform, to secure it, and to meet our legal obligations.

We may generate aggregated and anonymised statistics about platform usage — data from which no individual or business can be identified — and use them to operate, improve and promote the platform.

On termination, you may export your data through the platform’s export tools. We will delete or return Operator Data in accordance with the data processing agreement.

The platform integrates third-party services, including mapping, messaging and payment providers. Those services are supplied on their own terms and we are not responsible for their availability, accuracy or acts. Where a third-party service fails or changes, we will make reasonable efforts to restore equivalent functionality.

The platform, its software, design and documentation, and all intellectual property in them, remain ours or our licensors’. We grant you a non-exclusive, non-transferable right to access and use the platform during your subscription, for your own business purposes, subject to these terms.

Feedback you give us about the platform may be used freely and without obligation.

We aim to keep the platform available at all times but do not guarantee uninterrupted service. We may carry out planned maintenance, and will give reasonable notice of maintenance likely to cause significant disruption.

Support is provided on the terms of your plan. Any service level commitment applies only if it is stated in your order form.

Because dispatch is operationally critical, the Operator should maintain a reasonable fallback procedure for taking and allocating bookings if the platform is unavailable.

We warrant that we will provide the platform with reasonable skill and care, and that we have the right to grant the rights in these terms.

Except as expressly stated, the platform is provided “as is”. To the extent permitted by law we exclude all other warranties, including implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the platform will be error free, that dispatch allocations will be optimal, or that mapping, routing or fare estimates will be accurate.

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited.

Subject to that, neither party is liable for loss of profit, loss of revenue, loss of business, loss of anticipated savings, or any indirect or consequential loss.

Subject to the above, each party’s total liability arising in connection with these terms in any twelve-month period is limited to the total fees paid or payable by the Operator in that period.

We are not liable for any loss arising from an incident during a journey, from a driver’s or Passenger’s conduct, or from the Operator’s failure to meet its licensing or safety obligations.

These terms apply from when you first access the platform until your subscription ends.

Either party may terminate a subscription at the end of the then-current term by giving the written notice set out in your order form.

Either party may terminate immediately if the other commits a material breach that is not remedied within 30 days of written notice, or becomes insolvent.

On termination, your access ends, outstanding fees fall due, and you should export any data you need. Sections that by their nature should survive termination will do so.

We may update these terms. For material changes affecting your rights or obligations we will give at least 30 days’ notice, and the change takes effect at your next renewal. Continuing to use the platform after that date means you accept the updated terms.

These terms, together with your order form and the data processing agreement, form the entire agreement between us and supersede any previous arrangements.

You may not assign or transfer your rights without our written consent, which we will not unreasonably withhold. We may assign our rights to a group company or in connection with a sale of our business.

If any provision is found unenforceable, the rest remains in force.

No delay in enforcing a right waives it.

Nobody other than the parties has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

These terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Hizke
Email: hello@hizke.co.uk

A postal address will be published here once the company registration completes. Until then email reaches us fastest.