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Terms & Conditions

General Terms and Conditions

Preamble

The following sets forth the general terms and conditions (the “Terms”) between Glint Limited (c/o Global Advisors, 2 Hill Street, St Helier Jersey JE2 4UA) trading as “goto” (“goto") and the users of its Website at https://withgoto.com (the “Site”) and of the services, features, content or applications offered by goto (collectively with the site, the "Service"). By using the Site and the goto application (the “App”) and/or the Service, features, content or applications offered by goto, you agree to be bound by these Terms. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties in respect of the use of the Services.

Description of the Service

goto provides the App for internet-enabled portable devices (“Smartphones”) via which users can access and order taxi services in various locations, subject to availability at the location of the user. All use of the Service is subject to these Terms. The Service are offered without cost to you, except where local law or regulation provides that taxis ordered via radio dispatch service or via the internet must levy a surcharge. The term “without cost to you” does not in any way affect your obligation to pay the fare for any taxi services ordered via the Service but refers only to your use of the Service in order to obtain such taxi services. Depending on your location and applicable law and/or regulations, goto may also offer you the possibility of paying your taxi fare electronically via the App installed on your Smartphone, using goto Payment. Separate terms and conditions, which follow these Terms, apply to goto Payment transactions.

DISCLAIMER. GOTO DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER OR TAXI COMPANY. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ORDERED AND SCHEDULED THROUGH USE OF THE APP. GOTO OFFERS INFORMATION AND A METHOD TO OBTAIN TAXIS FOR TRANSPORTATION. GOTO HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY TAXI DRIVERS AND/OR TAXI COMPANIES. TAXI DRIVERS THAT USE THE SERVICE AND THE APP TO OBTAIN FARES ARE NOT EMPLOYEES, AGENTS OR AFFILIATES OF GOTO. GOTO TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF TAXI DRIVERS WHO USE THE APP. THE QUALITY OF THE TRANSPORTATION SERVICES ORDERED THROUGH THE USE OF THE SERVICES AND THE APP IS ENTIRELY THE RESPONSIBILITY OF THE TAXI DRIVER OR TAXI COMPANY PROVIDING SUCH TRANSPORTATION SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE, THEREFORE, THAT BY USING THE APP YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by goto, each of which is incorporated by reference and each of which may be updated by goto from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by goto from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.

Registration

In order to use the Service, you are required to register with goto and represent, warrant and covenant that you provide goto with accurate, truthful, and complete registration information (including, but not limited to your telephone number, e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your goto account. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your goto password. You shall never use another user's account without such other user's prior express permission. You will immediately notify goto in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 16 years old. goto may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Service in any way.

Access to the Service

Subject to these Terms of Use, goto may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. The Service shall include, but not be limited to, any services goto performs for you, any applications offered by goto that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App WorldTM, or Google Apps Marketplace) authorised by goto, as well as the offering of any materials displayed or performed on or through the Services.

goto Content

The Service contains Content specifically provided by goto or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, goto grants each user of the Site and/or Service a worldwide, non-exclusive, non- licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from goto, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

Third Party Sites and Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under goto's control, and you acknowledge that goto is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by goto or any association with its operators. You further acknowledge and agree that goto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination

goto may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by contacting the account team via the help section in the app or by emailing [email protected]. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

The service is provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. except as expressly provided herein and to the fullest extent permitted by applicable law, goto expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property right. goto makes no warranty that the service will be uninterrupted, timely, secure or error free. goto, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. your use of the site, service, content and add-to link is solely at your own risk. some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Indemnification

You shall defend, indemnify, and hold harmless goto, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of goto). goto reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with goto in asserting any available defenses.

Limitation of Liability

To the fullest extent permitted under law, goto will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to the services, even if goto has been advised of the possibility of such damages. Nothing in these terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, goto’s liability will be limited to the fullest extent permitted by applicable law.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self- regulatory code(s) applicable to your industry. You shall not (directly or indirectly): take any action that imposes or may impose (as determined by goto in its sole discretion) an unreasonable or disproportionately large load on goto's (or its third party providers') infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures goto may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content, except as expressly authorised by goto; decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction; copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; otherwise take any action in violation of goto's guidelines and policies. goto reserves the right to access, read, preserve, and disclose any information as goto reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or government request, (ii) enforce these Terms, including investigation of potential breaches hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of goto, its users and the public.

Evaluations

As part of the Service, you may evaluate the driver and the condition of the taxi you ordered through the Service. You agree that all such evaluations will be objective and fair. You acknowledge and agree that your evaluations may be published on the App and that such evaluations may be accessible to other users of the Service. To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations.

Responsibility for Contents

The sole responsibility for the content published and transmitted in the App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, goto shall be authorised to delete the same immediately.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Jersey. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the Courts of Jersey. Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability

These Terms of Use are the entire agreement between you and goto with respect to the Service and use of the Site, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and goto with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that goto will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, goto must provide you with written notice of such waiver through one of its authorised representatives.

Copyrighted Material, Application and Trademark Information

goto’s product names, service names, slogans or logos referenced on goto’s websites (including the Site) and/or in the App are trademarks or registered trademarks of goto. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners. All of the information, content, and materials offered by goto are protected by copyright and other applicable laws of Jersey and/or of the United Kingdom and other countries. Drivers may not copy, publicly display, modify or distribute such material without goto’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon. All right, title and interest in and to the App and the Service is and will remain the exclusive property of goto and, where applicable, its licensors. The Application is protected by copyright, trademark and other laws of Jersey and of the United Kingdom and other countries.

Relationship of the Parties

goto and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

Miscellaneous Severability

If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

Amendments

goto reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after goto makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at https://withgoto.com or in the App itself on the Terminal Device.

Entirety

This agreement shall constitute the complete and exclusive agreement between goto and the Driver. The use of the App is expressly made conditional on the Driver’s consent to these Terms.

No Waiver

The failure of goto to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

Contact.

You may contact goto by email at [email protected] and by post at Glint Limited (c/o Global Advisors, 2 Hill Street, St Helier Jersey JE2 4UA).

Payment Terms and Conditions

Preamble

The following terms and conditions (the “Payment Terms”) apply in addition to the General Terms and Conditions (the “Terms”) separately agreed between the parties and concern the manner in which the payment for transportation services may be made. In case of a conflict between the Payment Terms and the Terms, the provisions of the Payment Terms shall prevail. Defined terms used in the Payment Terms have the same meanings assigned to them in the Terms. goto offers you the possibility of settling certain fares procured via the Service via direct electronic payment. A precondition to use goto Payment is that the taxi driver has also agreed to participate in the goto Payment service. Payment may be made via the App per electronic direct debit system, credit card charge, PayPal or other payment methods (collectively hereinafter "goto Payment").

Subject Matter

The subject of these Payment Terms is the performance of transportation services via taxi and electronic payments via goto Payments. Any transportation that is paid for via goto Payments is hereinafter referred to as a “goto Payment Ride.” When registering, you shall determine the manner by which payment shall be made. Available payment methods are credit or debit card (Visa, Mastercard, AMEX, Discover and Maestro). The choice of payment method may be changed at any time by you via the Site or the App. In the event you have provided goto with several alternative payment methods, you will be able to choose which payment method you wish to use for each goto Payment Ride prior to authorising payment. goto reserves the right to offer different payment methods or stop offering any payment method at any time for any reason or for no reason. Users who chose to accept jobs paid via goto Payment are also bound by these terms.

Term and Termination

This Agreement shall commence upon acceptance of your application to participate in goto Payment and shall be remain in effect indefinitely until terminated in accordance with the provisions set out below. The agreement may be terminated by either party at any time, with or without reasons by written notice. After termination of this Agreement, you shall no longer be able to order goto Payment Rides. Notwithstanding the termination of this agreement, all unsettled claims for payment you authorised will be paid out to the Taxi Driver or Taxi Company that provided you with any goto Payment Ride prior to termination.

Your Obligations and Indemnification

You are not obliged to pay all fares via goto Payment. However, if you so choose, you will have the option of paying for your fare electronically but you must make that choice prior to ordering a taxi via the App and you will at that time become obliged to pay the fare via goto Payment. Upon completion of the trip, the Taxi Driver/Taxi Company shall obtain confirmation that you are authorised to pay via goto Payment, as well as confirmation of the amount due for the fare (plus any surcharges permitted by local law or regulation) and a possible gratuity to be paid via goto Payment (hereinafter "Payment Amount"), by having you confirm the fare through the App, and agreeing to the amount of the fare and the method of payment. By choosing a goto Payment Ride, you agree that you may not receive a printed receipt, except to the extent that written printed receipts are required by local law or regulation. goto will confirm your payment via email to the email address you provided upon registration. goto reserves the right to suspend your account temporarily or permanently, at its sole discretion, in the event that goto believes that your password may have been compromised. In such cases, goto shall inform you by notice to the email address associated with your account at the earliest possibly opportunity, if possible before your account is suspended. You are responsible for maintaining all accounts (credit/debit cards) in such a manner as to ensure that the goto Payment amount billed through the App is covered. In the event that payment is refused by your bank or credit/debit card provider, you are responsible for any and all expenses, including collection expenses and reasonable legal fees, incurred by goto as a result. goto assumes no responsibility or liability for any payment errors not caused by goto’s own negligent acts or omissions. In the event of errors with respect to electronic payments, you must contact your bank, credit/debit card provider, as the case may be, to resolve such issues. In the event that payments are delayed due to your fault, except for delays caused by an event of force majeure as defined in these Payment Terms, goto reserves the right to charge interest in the amount of five percent (5%) or the maximum statutory interest rate, whichever is higher, in addition to a processing fee of £5.00. In addition, in the event that goto suffers damages in excess of the amounts collected pursuant to this section, goto shall not be barred from claiming such additional damages. You agree to indemnify, defend and hold goto, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable legal fees, resulting from (i) any breach of the Payment Terms, breach of any warranty under the Payment Terms or any activity related to access to or use of your goto account (including negligent or wrongful acts or omissions) by you or any third party accessing the goto Payments service using your account and/or (ii) any contravention of any law or regulation committed by you while using the App or the Service.

Users accepting jobs settled by goto Payments will receive the ride fare as a credit to their account balance. On a users balance reaching the minimum withdrawal, users may request to withdraw funds from their available balance to one of the payment methods attached to their account. A user's available balance is calculated as the sum of job fares, minus fees from any jobs which were not paid through goto Payments. Available balance does not include driver promotions, bonus payments, referral fees or disputed payments, as any additional balance is calculated at the time of withdrawal. Minimum withdrawal is set on a case-by-base basis by goto based on your region, booking entity affiliation and payment provider,

Warranties and Limitation of Warranties

The legal liability of goto under the Payment Terms is limited to damages arising from goto’s own gross negligence or willful misconduct. goto is entitled to discontinue the goto Payment service temporarily or permanently, with or without informing you, though every reasonable effort will be made to inform you of any interruptions in its service in advance. Information in this regard shall be available via the Site https://withgoto.com. The goto Payment Service is provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. except as expressly provided herein and to the fullest extent permitted by applicable law, goto expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property right. goto makes no warranty that its service will be uninterrupted, timely, secure or error free.

Limitation of Liability

For the purposes of this Section, "goto" shall include goto and its subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data. To the fullest extent permitted under law, goto will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to the taxi driver/taxi company’s or any driver’s use of the goto Payment Services, even if goto has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. This warranty gives the taxi driver/taxi company specific legal rights, and the taxi driver/taxi company may have other rights that vary dependent upon the relevant jurisdiction.

Relationship of the Parties

goto and Taxi Driver/Taxi Company are independent contracting parties and nothing in the Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

Miscellaneous Severability

If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Payment Terms will continue in effect.

Amendments

goto reserves the right to change the Payment Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after goto makes any such changes, you agree to be bound by the revised Payment Terms. The general terms and conditions may be consulted at any time online at https://withgoto.com or in the App itself on the Terminal Device.

Entirety

This agreement shall constitute the complete and exclusive agreement between goto and you. The use of the App in connection with goto Payments is expressly made conditional on your consent to these Payment Terms.

No Waiver

The failure of goto to enforce any right or provision of the Payment Terms will not be deemed a waiver of such right or provision.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under the Payment Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

Governing Law

The parties agree that the Payment Terms and any claims hereunder shall be governed by and subject to the laws of Jersey.

Driver Terms and Conditions

Preamble

The following sets forth the general terms and conditions (the “Terms”) between goto and taxi drivers (“Driver” or “Drivers”). By using the goto App, Drivers agree to be bound by these Terms.

These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties in respect of the use of the App and/or the Service and shall apply in preference to and supersede any and all other terms and conditions submitted by the Driver.

Nothing herein changes the applicability of any local law or regulation pertaining to the transportation of Passengers in taxis. Drivers are bound by such laws and regulations, in particular the laws and regulations pertaining to minimum and maximum charges for such transportation.

1. Service of goto

1.1. The Driver shall register with goto, furnishing accurate information, before using the services of goto. Upon successful registration, the Driver shall be entitled to use the App and the Service in accordance with these terms and conditions and applicable laws, rules and regulations.

1.2. Goto shall provide the Driver with the App and certain services for internet-enabled portable terminal devices such as smart phones (“Terminal Devices"). The App may be provided via a download link.

1.3. Using the App, the Driver may use the Service, subject to availability, to receive transportation orders through the Service and the associated option to be contacted directly by potential Passengers looking for a taxi through the App (“Passengers"). The location of the Driver will be displayed after localisation and can be followed by the Passenger via the App on a map. Driver specific information, which may include the Driver’s name, the taxi’s registration and/or license plate number, vehicle make, model, colour, type and number of taxi registration plate, PSV license number, current location, (only while in ride), speed and evaluation rating will be displayed on the Passenger’s Terminal Device.

1.4. The scope of the Service and use of the App does not include the use of the required internet connection. Goto does not provide internet access as part of the Service nor does goto provide or maintain the networks over which the Service is provided. It is the Driver’s sole responsibility to arrange for internet access and to configure the Terminal Device for use with the App. All associated costs and fees are the Driver’s sole responsibility.

1.5. To the extent permitted by applicable law or regulation, there is no charge to the Passenger for placing an order for transportation via the App.

1.6. Subject to applicable law or regulation, goto considers that a legally binding contract of carriage is entered into between the Driver and the Passenger through the use of the App when the "ACCEPT" button is pressed by the Driver. The taxi journey shall be billed to the Passenger in accordance with contractual and statutory provisions in effect in the jurisdiction in which the taxi is operated.

2. Billing for the goto service

2.1. The Driver shall be charged a fee of 5% of the charge made by the Driver for each ride arising as a result of the use of the Service (the “Fee”). Where applicable, Drivers are obligated to disclose all and any charges to their employer.

2.2. The Fee will be deducted at source by goto from the payment made by the passenger via the App.

2.3. An invoice detailing the payments received by a Driver shall periodically be sent to the Driver by goto by email.

3. Revisions, Changes and Updates to the App

3.1. Goto reserves the right to revise, change and/or update the App in any manner in order to develop it further and improve it qualitatively. It is the Driver’s responsibility to ensure that the latest version of the App is installed on the Driver’s Terminal Device.

4. Availability; Limitation of Warranties

4.1. Subject to these Terms, goto shall provide the App as well as associated billing and invoicing services and warrants that the App shall substantially conform to the specifications set forth in the documentation and shall function substantially as intended. Goto's sole obligation under this warranty shall be limited to using reasonable efforts to ensure such conformity and operation and to supply Driver with a corrected version of the App as soon as practicable after discovery of an error as the case may be. This warranty shall be void if the App is modified without the written consent of goto.

4.2. The Driver shall have no claim to the continuous and uninterrupted availability of the App or the Service. Goto does not warrant (a) that operation of the App shall be uninterrupted or error free, or (b) that functions contained in the App shall operate in the combination which may be selected for use by Driver or meet Driver's requirements. Goto shall take reasonable steps to achieve maximum possible availability and to rectify any faults in the App as quickly as possible.

4.3. Under no circumstances shall goto be liable for the acts or omissions of passengers using the App, which are transported by the Driver.

4.4. Goto is entitled to discontinue the Service temporarily or permanently, with or without informing the Drivers, though every reasonable effort will be made to inform Drivers of any interruptions in its service ahead of time. Information in this regard shall be available via the website https://withgoto.com.

4.5. The Service and App are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. To the fullest extent permitted by applicable law, goto expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property right. Goto makes no warranty that the Site, the App or any services will be uninterrupted, timely, and secure or error free.

5. Limitation of Liability.

5.1. For purposes of this Section 5, goto shall include goto and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

5.2. To the fullest extent permitted under law, goto will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to a Driver’s use of the application or the Site or the Service, even if goto has been advised of the possibility of such damages. The foregoing limitation applies to damages arising from (i) use or inability to use the application, the Site or the Service; or (ii) any other matter relating to the App, the Site or the Service.

6. General Obligations of the Driver

6.1. The Driver warrants that they are in possession of all licenses and approvals necessary for the transportation of passengers by taxi. The Driver shall furnish evidence of such licenses and approvals prior to commencing use of the App. A Driver who is an employee of a taxi company or fleet operator shall ensure that the employer approves the use of the App. Any changes with respect to the Driver’s authorisation to provide transportation services or the employer’s approval of the use of the App shall be provided to goto in writing immediately upon coming to the attention of the Driver.

6.2. The Driver shall at all times furnish all personal information correctly and completely and shall keep this information updated at all times.

6.3. The Driver shall not use the App in a manner that impairs, overload or damages the App and shall not, or permit others to, circumvent any security or anti-piracy features of the App, nor shall the Driver circumvent or modify the safety precautions of the App.

6.4. All intellectual property rights to the App shall be retained by goto. The Driver may not copy, modify, reverse engineer, disassemble or distribute the App provided to him.

6.5. The Driver shall keep their username and password safe and confidential and shall not disclose them or grant access to the App to any third party. The Driver shall bring any unauthorised use by third parties promptly to the attention of goto.

6.6. The Driver agrees to indemnify, defend and hold goto, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of the Driver’s account or any negligent or wrongful acts or omissions by the Driver or any third party accessing the Service using such Driver’s account and/or (ii) any violation of law or regulation committed by the Driver while using the App or the Service.

6.7. The Driver shall inform goto completely and promptly in the event that the Driver receives any information that any third party has brought or intends to bring a claim for damages against goto resulting from the Driver’s use of the App or the Service.

6.8. Any personal data of other App users and/or participants in the Service that is transferred or otherwise made known to the Driver shall be kept confidential by the Driver and shall not be disclosed to third parties, except with the prior written consent of the other participant or as may be required by applicable law or regulation or pursuant to a court order.

7. Obligation to Accept a Transportation Order

7.1. The Driver shall accept available transportation orders from Passengers subject to applicable law or regulation, provided that the App is activated in the taxi and the Driver’s vehicle is not currently engaged in the transportation of another passenger.

7.2. The Driver shall update the status of their taxi (whether the taxi is free or engaged) in the activated App at all times, to permit potential Passengers to identify the current status of the taxi.

8. Termination of the Agreement/Exclusion from Use

8.1. These Terms shall be effective the date of signature by the Driver and shall continue indefinitely until terminated pursuant to the provisions of this Section 8.

8.2. The agreement entered into between goto and the Driver may be terminated at any time by either party with immediate effect and without specifying any reasons.

8.3. The agreement shall terminate automatically, without any requirement of notice, in the event the Driver is no longer authorised to provide transportation via taxis.

8.4. The Driver may be suspended temporarily or excluded permanently from the use of the Service for material breaches of the obligations arising under applicable law or regulation and/or these Terms or any other binding agreements between the parties.

8.5. The Driver’s right to use the App and the Service may also be suspended, at the sole discretion of goto, for example, if the Driver fails to carry a passenger after accepting a transportation order or after an advance order has been placed and accepted by the Driver.

Evaluations

9.1. The Driver agrees that Passengers may evaluate the Driver and the vehicle. Goto makes no warranties or representations that the evaluations provided by Passengers will be objective or fair. They are by definition matters for the Passengers to submit.

9.2. The Driver acknowledges and agrees that Passenger evaluations may be published on the App as the Driver participates in the Service and uses the App and that such evaluations shall be accessible to Passengers having ordered transportation services. To the fullest extent permitted by applicable law or regulation, the Driver hereby waives any and all privacy rights that the Driver may have with respect to the publication of Passenger Evaluations.

10. Responsibility for the Contents

10.1. The sole responsibility for the content published and transmitted in the App or on the Site by the Driver (such as the Driver’s name and any slogan they wish to add) shall lie with the Driver publishing the same. All content shall comply with legal and statutory requirements and the requirements of decency, decorum and objectivity.

10.2. If any publications breach the above-mentioned regulations, goto shall be authorised to delete the same immediately.

11. Copyrighted Material, App and Trademark Information.

11.1. Goto’s product names, service names, slogans or logos referenced on goto’s websites and/or in the App are trademarks or registered trademarks of goto. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

11.2. All of the information, content, and materials offered by goto are protected by copyright and other applicable laws of Jersey, the United Kingdom and other countries. Drivers may not copy, publicly display, modify or distribute such material without goto’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon.

11.3. All right, title and interest in and to the App and the Service provided is and will remain the exclusive property of goto and its licensors. The App is protected by copyright, trademark and other laws of Jersey, the United Kingdom and other countries.

12. Relationship of the Parties

12.1. Goto and the Driver are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

13. Miscellaneous

13.1. Severability. If any part of these Terms is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

13.2. Amendments. Goto reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after goto makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at https://withgoto.com or in the App itself on the Terminal Device.

13.3. Entirety. This agreement shall constitute the complete and exclusive agreement between goto and the Driver with respect to the subject matter of these Terms. The use of the App is expressly made conditional on the Driver’s consent to these Terms.

13.4. No Waiver. The failure of goto to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.5. Force Majeure. Goto shall not be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

13.6. Governing Law. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the laws of Jersey.