CabPay User Agreement

CabPay User Agreement Key Definitions

"Acquiring Bank" means each of the financial institutions Cabvision Network Limited (“Cabvision”) partners with to process your Card payments, including your CabPay transactions.

"CabPay App" means the CabPay software application for merchants, which Cabvision currently makes available from time to time in Apple App Store, Google Play or other similar outlets.

"CabPay Transaction" means an electronic payment processed via the Cabvision Card Reader.

"Cabvision Card Reader" means the electronic payment device that we exclusively provide to you to use in connection with your use of the CabPay App.

“Cabvision Network Limited” means the United Kingdom based company registered under company number 07120589 whose registered office is located at: Langley House, Park Road, London N2 8EY.

"Card Companies" means a company or group of financial institutions that issue rules that govern electronic payments via bank card and payment networks including Visa, MasterCard and American Express.

“Chargeback” means an electronic payment that might be queried and recalled by the Acquiring bank due to not being recognised by Cardholder, Bank or for fraudulent activity and or other.

“Contactless Transaction” means a transaction made using the contactless induction technology in the Cabvision Card Reader (including, but not limited to, a Card or smart phone/device transaction using Near Field Communication (NFC) technology through the Cabvision Card Reader).

“Electronic Payment” means a payment made by a customer using a credit or debit card, contactless card or any Near Field Communications payment method or other electronic cashless payment system.

“Keyed Transaction" means a Card transaction where Cardholder does not use Chip ‘n’ Pin or Magnetic Swipe via the Cabvision Card Reader, but instead inputs the payment cards Primary Account Number directly in to the Smart Device.

“Privacy Policy” means the privacy policy that can be found at www.cabvision.com.

“Self-employed” means an individual who owns or operates an unincorporated business to carry out a trade or business as a sole proprietor.

“Sole trader” means a person who is the exclusive owner of a business, entitled to keep all profits after tax has been paid and is liable for all losses.

"Warranty" means the warranty offered to you by the manufacturer for the Cabvision Card Reader.

CabPay User Agreement

This CabPay User Agreement (“CabPay Terms”) is a contract between you (“you”) as self-employed or as a sole trader and Cabvision Network Limited whose Registered Office is Langley House, Park Road, London N2 8EY (“Cabvision”, “we” or “us”) and applies to your use of the Services to accept electronic payments from credit cards, debit cards and smart devices using the Cabvision Card Reader and Cabvision Software (“CabPay”).

You must read, agree with and accept all of the terms and conditions contained in these CabPay Terms. By purchasing the Cabvision Card Reader and/or using the CabPay App, you acknowledge that you have agreed in full to these Cabvision Terms as described herein.

1. Product Description

CabPay is a Mobile Point of Sale (“Mpos”) payment solution for taxi drivers, which allows you to accept payments by credit cards, debit cards and smart devices (“Electronic Payments”). CabPay can only be used to accept the type of electronic payments that are specified by Cabvision, the list of acceptable credit and debit cards could change at Cabvision’s sole discretion at any time and without notice.

2. The Application and Approval Process

The application and approval processes will usually be carried out through the CabPay website but can be carried out in person at one of Cabvision’s operating centres, locations are displayed at www.cabvision.com. Your use of the CabPay App is dependent on your downloading of the Cabvisiondriver App from either the Apple Store or Google Play, your full acceptance of the end user license agreement associated with the CabPay App, your obtaining a Cabvision Card Reader, and your holding a valid taxi license issued by a local authority, such as Transport for London. Cabvision will determine at our sole discretion whether you will be approved to use the CabPay App. If we reject your application, Cabvision are not obliged to disclose the reason for the refusal. Your approval will be strictly limited to processing electronic payments in the United Kingdom, and your use of CabPay shall be limited to processing transactions in that country or jurisdiction and for exclusively processing of taxi fares. If you are not a licensed taxi driver, you should not proceed with this application.

There is no fee to download the CabPay App. You must download and use the most recent version of the CabPay App that is available in store, including downloading and installing any updates that become available periodically.

In addition to agreeing to these Cabvision Terms, you will be required to provide certain personal and business information in order for you to register for CabPay. As a minimum, you shall be required to provide a minimum of two forms of personal identification such as photo identification (Passport or Driver’s License), proof of address, such as utility bill or council tax or bank statement dated within the past three months and a valid taxi license issued by a local authority such as Transport for London to enable us to complete the Credit Check as set-out in Clause 3 herein.

3. Credit Check

By signing up to the CabPay App, you are providing us with written instructions and authorisation to obtain your personal report from a credit reference agency. You are also authorising us to obtain your personal report at any time we reasonably believe there may be an increased level of risk associated with your processing of electronic payments via the CabPay App. You further agree to allow Cabvision to obtain from a third party your credit history and financial information about your ability to perform your obligations under this User Agreement. Cabvision may periodically review your credit and other risk factors of your Account (reversals and chargebacks, customer complaints, other claims etc.) on an ongoing basis and manage your account accordingly. Cabvision will store, use and disclose the information obtained on request, in conformity with Cabvision’s GDPR Policy.

At any time, if so requested, you irrevocably agree to comply with our requests to verify your identity to allow us to reduce the risk of fraud or otherwise comply with anti-money laundering or any other legal requirements. We reserve the right to deny or restrict your use of the CabPay App if you fail to comply with these requests.

4. Using CabPay

To process a card-present transaction using the Cabvision Card Reader request that the customer inserts the card into the Cabvision Card Reader and enters their PIN code. If the card does not have a chip, they should use the magnetic swipe located at the back of the card, You must obtain the customer’s signature and follow the onscreen instructions to complete the transaction. The CabPay App shall prompt you as to what verification is necessary, based on a customer’s card, however if a customer’s card includes an electronic chip, you must always look to obtain Chip and Pin authorisation before using the magnetic swipe as a back-up and obtaining a signature.

You may also process a Contactless Transaction using the Cabvision Card Reader, however you may not process a Contactless Transaction with a value exceeding the prevailing amount limit for that transaction set by any Acquiring Bank or Card Companies.

You must not under any circumstances use the Cabvision Card Reader to process Keyed Transactions (i.e. a card not present transaction). If an electronic payment fails to process and you wish to attempt an alternative method to accept the electronic payment, you must refer such to the Cabvision help-desk on 0207 655 6970 Option 1. For the help-desk to process an electronic payment on your behalf, you hereby warrant that you have physically seen the customers card and that the cardholder is present.

5. Fees

You agree for Cabvision to deduct the following fees for processing electronic payments processed on your behalf via the CapPay App:

6. Settlement of Card Payments

Cabvision endeavours to settle all card transactions the next day, six-days per week (excluding Sundays and Bank Holidays) but cannot warrant the Settlement date, as this process is handled by third party bank(s). User understands that Settlement is subject to the performance of third-party bank(s) and that Cabvision cannot accept any responsibility for the failure of the bank(s) to provide such services, which could result in a delay to User receiving their payments.

7. Replacing your Cabvision Card Reader

If you purchase a Cabvision Card Reader you may return it, at your cost, for any reason, within 30 days of receipt of delivery; provided that it is returned to us undamaged, in perfect working order and in the original packaging in which you received it. You may arrange for a return of your Cabvision Card Reader by contacting Cabvision’s Customer services 0207 655 6970 who shall provide return instructions.

If your Cabvision Card Reader does not work or stops working and it is under Warranty, you may request a replacement Cabvision Card Reader by contacting Customer Service. Unless we advise otherwise, you must return your original Cabvision Card Reader within 7-days. This may be either using the prepaid envelope provided with your replacement Cabvision Card Reader or, in some circumstances, we may also request that you deliver your original Cabvision Card Reader to one of our operating premises. Failure to return the original Cabvision Card Reader shall result in you being charged the full cost of the replacement unit. You agree that the replacement reader charge can be deducted directly from any funds that you have processed. The warranty is 12 months from the date of purchase. Unless dead on arrival, your warranty is limited to two replacement devices that you can receive under the Warranty. If dead on arrival, your Warranty is limited to three replacements. For the avoidance of doubt, Cabvision reserves the right to change the Warranty on reasonable notice and we will decide at our sole discretion the validity of any warranty claims under the terms of the Warranty.

8. Lost, Stolen or Disabled Cabvision Card Readers

We reserve the right to disable use of your Cabvision Card Reader remotely if we suspect fraud and/or a breach of these Cabvision Terms or if we otherwise believe there is an increased risk to us by your use of the CabPay App. If your Cabvision Card Reader is lost, stolen or is otherwise no longer required, you must contact Cabvision customer services on 0207 655 6970 to arrange for your device to be disabled. This protects both parties from the risk of fraudulent usage.

Your Cabvision Card Reader may only be associated with a UK bank account. You may not dispose of your Cabvision Card Reader without it first being disabled and your Cabvision Card Reader cannot be passed to another person who is not approved to use it by Cabvision. It is strictly prohibited to use the Cabvision Card Reader in a country other than that in which it is registered.

9. Authorised Users

You are strictly prohibited from allowing third-parties to use the Cabvision Card Reader. If you share your vehicle, then the person that you share with must complete the same anti money-laundering checks as the original user.

It is your responsibility to ensure that your authorised users comply with these CabPay Terms in connection with their use of the Cabvision Card Reader. You agree that at all times, you are liable for the actions or omissions of your authorised users and that you will indemnify and hold us harmless from the actions or inactions of your authorised user in connection with their use or misuse of the CabPay service.

Obtaining valid authorisation (such as a validly entered PIN) may assist you in defending against a Chargeback in the event that a customer subsequently claims that it did not authorise a transaction. Prior to processing any card-present transaction, You must enter the taxi fare in to the CabPay App so that the taxi fare is clearly displayed to the customer for the service that you have provided the Customer.

You must also provide customers with a printed receipt on-demand should they require one. If so requested, you may issue Customer with an electronic receipt via email rather than a paper receipt. It is your responsibility to obtain your customer’s consent prior to using the CabPay App to send them a receipt via email.

CabPay will normally be available at all times. However, we cannot warrant that the CabPay service will be free of interruptions, delays or errors. From time to time, we need to perform upgrades and maintenance to our service which may result in it being unavailable for a period. We will try to provide you notice of any planned maintenance, but you acknowledge and agree that there may be circumstances where this is not possible. CabPay will use all reasonable endeavours to provide the service at all times and if it is not available, then electronic payments can be processed via the 24/7 help-desk on 0207 655 6970 Option 1.

10. Mobile Compatibility

Using the CabPay App requires you to have a compatible mobile device. Cabvision do not warrant that CabPay will be compatible with your mobile device. If you have a compatible mobile device but this has been modified contrary to the manufacturer’s software or hardware guidelines, then you may not use CabPay on your modified device.

11. Third Party Services

Your use of CabPay will rely on third-party services (such as those of a mobile network operator, a broadband internet provider, an internet security provider a wireless (WiFi) network provider). These third parties may charge you fees for accessing CabPay (e.g. for service access or data use) and it is your sole responsibility to pay such fees. We cannot accept any responsibility for the operation (including reliability) or security of such services, for your inability to use CabPay as a result of their service or for your breach of the terms of your contract with that third party as a result of using CabPay.

12. Privacy

The Cabvision Privacy Policy (found on the Cabvision website) applies to your use of CabPay. The protection of your personal information is extremely important to Cabvision. We do not share data with third parties.

13. Account Reserves and other Actions

If we believe there may be a high level of risk associated with your Cabvision Account, we may take certain actions in connection with your Account and/or your use of the CabPay App. These are as follows: Cabvision in our sole discretion may place a Reserve on funds held in our Account when we believe there may be a high level of risk associated with activity with your Cabvision Card Reader. In relation to CabPay, this may include (without limitation) an unusual level of customer refunds, Chargebacks, Keyed Transactions or use of the help-desk. If your CabPay Account is subject to a Reserve, we will provide you with notice specifying the terms of the Reserve. We may change the terms of the Reserve and Settlement Process at any time by providing you with notice of the new terms. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that we determine as necessary to protect against the risk of fraud associated with your Cabvision Account.

We may take other reasonable additional actions we determine are necessary to protect against the risk associated with your Cabvision Account including requesting additional collateral from you such as a personal guarantee or limiting the functionality of your Cabvision Card Reader to accept only certain electronic payments or types of payments such as Chip ‘n’ Pin.

In order to determine the risk associated with your Cabvision Account, we may request at any time, and you agree to provide promptly any information about your personal circumstances, or trading condition. We reserve the right to reassess your eligibility if fraud on your account is a regular occurrence or you lose your right to operate as a taxi-driver.

If at our sole discretion we reasonably believe that you have breached the terms of your Cabvision Agreements, we may take action to restrict your use of the CabPay App.

14. License Grant

If you have downloaded and are using the CabPay software application, Cabvision grants you a revocable, non-exclusive, non- transferable license to use the CabPay software in accordance with the documentation. This license grant includes the software and all updates, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all Cabvision documentation accompanying the CabPay Services. If you do not comply with our implementation and use requirements you will be liable for all resulting damages suffered by you, us and any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights (including Intellectual Property), title and interest to Cabvision’s software are exclusively owned by Cabvision and or our Partners.

15. Data Security

You are fully responsible for the security of cardholder data in your possession or control as a result of our using the CabPay App. You agree to comply with all applicable laws and rules (including but not limited to PCI and Licensing Authority) in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as “Data”).

Unless you receive the express consent of your customer, you may not retain, track, monitor, store or otherwise use Data beyond the absolutely necessary scope of the specific electronic transaction. Further, unless you obtain in writing the express consent of Cabvision, you agree that you will not use nor disclose the Card Data for any purpose other than to support payment for your services as a taxi driver. Card Data must be completely removed from your systems (or if in manuscript, shredded), and any other place where you might under abnormal circumstances store Card Data, within 24 hours after you receive an authorisation decision unless you have received the express consent of your customer to retain the Card Data for the sole purpose of processing recurring payments (in which case the Card Data must be safely stored). To the extent that Card Data resides on your systems and other storage locations, it should do so only for the express purpose of processing your transactions. All Data and other information provided to you by Cabvision in relationship to the CabPay service and all Card Data will remain the property of Cabvision, its Acquiring Bank or the Card Companies, as appropriate.

You agree to restrict use and protect access to your Cabvision password and log-on ID. You warrant not to share this information with any third-party.

You agree (as a “Sub-Merchant” and/or “Authorised User”) of Cabvision to comply with the terms of Cabvision’s General Data Protection Regulations that shall prevail over any conflicting terms in this Agreement relating to data protection and privacy.

16. Cabvision’s Use of Data

We will use your information in accordance with our Privacy Policy. For the avoidance of doubt, you authorise us to provide information regarding your business and individual transactions to third parties for the purpose of facilitating the acceptance and settlement of your transactions and in connection with other relevant actions, including Chargebacks, refunds, disputes, adjustments and other enquiries.

Cabvision may record and store the location data where the electronic payment was processed in an effort to assist with fraud prevention and to help defend any Chargebacks. At Cabvision’s sole discretion, we may retain data from the App. For the avoidance of doubt, Cabvision do not share any data with third parties unless required to do so by law.

17. Notice

We will provide you with notices regarding CabPay in accordance with the provisions of the Cabvision User Agreement. Such notice will be considered to be received by you within 24 hours of the time it is posted or emailed to you.

18. Indemnity

You agree to indemnify and hold Cabvision harmless from claims that are raised by a third party against us that result from your use of the CabPay Service in violation of these Cabvision Terms.

19. Transaction Reports

Cabvision shall make available daily, weekly or monthly Transaction Reports relating to your transactions including transaction costs for those card transactions processed via the CabPay App. Limited transaction data is also available to you from within the CabPay App. Transaction reports are only downloadable from the Cabvision Drivers Portal and will not be provided as a hard copy or by post.

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