Terms of Use

Please read these terms of use carefully

By accessing and using the Service (as defined below), you agree to comply with these Terms of Use.

Who we are and what this agreement does

We are AirPay Global Limited (Company Number 11824264) of 148 Bradford Road, Wakefield, West Yorkshire, United Kingdom, WF1 2AP (AirPay): Our software enables you to make in-car payments for transportation services via your preferred payment service provider to your Transportation Provider using your mobile phone as permitted under these terms (the Service).

Your privacy

We only use any personal data we collect through your use of the Service in the ways set out in our privacy policy unless you are using a specific service to which a different privacy policy applies, for example Apple Pay, Google Pay, PayPal, etc. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Terms of Use

We do not provide transportation services. Transportation services are provided to you under your contract with the company from which you booked the transportation services (the Transport Provider) and to which we are not a part. These Terms of Use (Terms) apply to your use of the Service defined above but not to the booking or transportation service provided by your Transport Provider or to the separate terms of your payment service provider.

Additional terms also apply

Depending on which payment service provider you choose, the ways in which you can use the Service may also be controlled by the rules and policies of your chosen payment service provider.

Payment

The payment that you make will include the cost of the transportation services and our administration fee for the Service per payment transaction. We have no control over the cost of the transportation services and it is your responsibility to ensure that you are fully informed as to such costs. We accept the following payment methods: Card payments (Visa, MasterCard, American Express, Diners Club, Maestro) PayPal, Apple Pay, Google Pay. Your payment will only be complete when we’ve sent you a confirmation by SMS and after the full price has been paid. Once we have received payment from you, we will remit the full cost of the transportation service to your Transport Provider retaining only the administration fee for each transaction. If you pay using a credit or debit card that’s linked to a bank account set up in a different currency, you may be charged a fee by your bank (for example, commissions).

Refunds

We may permit changes to a Booking by a Passenger on whose behalf the Booking was made, and you acknowledge that you are liable for all Charges and Additional Charges for the Booking as changed. If a Booking change or changes results in a full or partial refund to you, we will credit the Card used to make the Booking. Furthermore, any cancellations of bookings made by the drivers/fleets or airpay will result in a full refund, if payment taken, or monies released if taken as a pre-authorisation/pre-capture.

Support for the service and how to tell us about problems

Support. If you want to learn more about the Service or have any problems using it please take a look at our support resources at https://www.air-pay.co.uk/support

Contacting us (including with complaints).

If you think the Service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@air-pay.co.uk.

How we will communicate with you.

If we have to contact you we will do so by telephone or by SMS, using the contact details you have provided to us.

You must be over 18 to accept these terms and use the service

You must be 18 or over to accept these terms and use the service.

Support for the Service and how to tell us about problems

Support. If you want to learn more about the Service or have any problems using it please take a look at our support resources at https://www.air-pay.co.uk/support. Contacting us (including with complaints). If you think the Service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@air-pay.co.uk or call them on +44 (0)1134660053. How we will communicate with you. If we have to contact you we will do so [by telephone, email or by SMS], using the contact details you have provided to us. You must be 18 to accept these terms and use the Service You must be 18 or over to accept these terms and use the Service.

Changes to these terms

We may need to change these terms or the Service to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you notify you of a change when you next start the Service. If you do not accept the notified changes, please do not to use the Service.

If someone else owns the phone or device you are using

If you use the Service on a phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device By using the Service, you agree to us collecting and using technical information about the devices you use the Service on and related software, hardware and peripherals to improve our services to you.

We are not responsible for other websites you link to The Service may contain links to other independent websites or application programming interfaces which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites.

Acceptable use restrictions

You must: not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service; not use the Service in any unlawful manner, for any unlawful purpose, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service or any operating system; not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

Intellectual property rights

All intellectual property rights in the Service throughout the world belong to us (or our licensors) and the rights in the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. We are not liable for business losses. The Service is for private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not responsible for events outside our control. We are not liable if our provision of the Service is prevented or delayed by an event outside our control.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution (CEDR) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

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