General Terms: Passengers

Date when these Terms were last updated: August 2024

This document (which is referred to as the "Terms") sets out how you can access and use the Monochrome apps/website/sites and the relationship between you and us also referred to in this text as ("Monochrome - The Transport App" or “Monochrome”, also referred to as "we", “our” or "us”). By using and accessing the Monochrome apps/website/sites, you must agree to these Terms.

If you do not agree to these Terms, please do not access or use the Monochrome applications, website or site. You can contact us at info@monochromeapp.com

Key points covered are:

• Modification of the Terms and the Monochrome apps/website/sites by us.

• Additional costs (such cancellation and cleaning fees).

• How you should conduct yourself when using the Monochrome apps/website/sites and what will happen if you don't if your access is suspended or terminated.

• An explanation of who and how the Services are delivered to you. As an illustration, we run the Monochrome apps/website/sites and may also offer Services directly through it. The terms of this agreement are split into 3 sections:

Section 1 - General Platform Terms: This outlines how to register for an account, access the Monochrome apps/website/sites, and utilize the Monochrome apps/website/sites. All users of the Monochrome Platform are subject to this.

Full list of topics covered:

1. Glossary of general platforms

2. Our connection with you

3. How to access the Monochrome apps/website/sites and how we can update these Terms or the Monochrome Platform

4. Acceptable Use Policy for the Monochrome apps/website/sites and Your Use of It

5. How use of the Monochrome apps/website/sites can be suspended, when our connection begins, and how it might terminate

6. Our obligation to compensate you for damages

7. Your ideas and original works are yours.

8. Contact, comments, and grievances

9. Settling disputes

10. Additional crucial terms

11. Your data's processing by us

Section 2 - Private Hire Terms: This outlines extra conditions that will apply to you when you use the Monochrome apps/website/sites to seek private hire services from Monochrome.

Full list of topics covered:

1. Private Hire Glossary

2. Taking a Journey

3. Other costs

4. Your responsibilities

5. How to pay

6. Promotional Codes

Section 1: General Platform Terms

1. General Platform Glossary

Throughout these Terms, some words and phrases are capitalized. This means that they have the defined meanings set out below:

"Acceptable Use Policy" means the Policy set out in section 6 of these Terms.

"Account" means the account you use to access the Monochrome platform and request and/or receive Services.

"App" means the Monochrome application enabling you to request and/or receive Services.

"Monochrome platform" means the apps/website/sites on which you can request Services.

"Monochrome Parties" means Monochrome, its group companies and/or any entity that is directly or indirectly under the control of Monochrome, its licensors or its employees and a “Monochrome Party” means any of these.

"Monochrome" means Monochrome Convoy Limited (a limited company incorporated and registered in the United Kingdom with company number 09865072, having its registered office at Unit 407 Oxgate house, Oxgate Lane, London, NW2 7JA).

“Child Safety Policy” means Monochrome’s policy for the safeguarding of children.

“Fraud Policy” means Monochrome ’s policy for the prevention of fraud available,

“Platform Conduct Guidelines” means the guidelines available.

"Policies" means together the Acceptable Use Policy, Child Safety Policy, Fraud Policy, Platform Conduct Guidelines and Privacy Notice (and “Policy” means any one of them).

“Privacy Notice” means the privacy notice available.

"Services" means services offered via the Monochrome apps/website/sites.

"Service Provider" means Monochrome apps/website/sites users who access the Monochrome Platform to provide Services to Users, which excludes the Monochrome Parties.

"Terms" means the entirety of this agreement including the General Platform Terms (Section 1 of these Terms) and the Private Hire Terms (Section 2 of these Terms)

"Users" means those members of the public, including you, who request Services through the Monochrome apps/website/sites.

"User Content" means any text, images, or other information that you provide to Monochrome while using the Monochrome apps/website/sites.

“VAT” means value added tax.

"we", "our" or "us" means Monochrome.

"you” means the party entering into these Terms with us.

2. Our relationship with you

a. You and Monochrome are parties to these Terms. Subject to any expressly mentioned exceptions, We agree to grant you free access to the Monochrome apps/website/sites for use in line with these Terms.

b.  According to relevant laws, Monochrome is regarded as a transport operator/provider and provides transport services for passengers. We therefore accept passenger bookings as a private hire vehicle operator in London and are subject and principal in the contract between us and the passenger. Monochrome retains responsibility for accepting bookings and for providing the transport services or journeys for the customer. Therefore, a passenger's contract for transport services is directly with Monochrome. 

c. Passengers pay fares directly to Monochrome. We do not transfer liability for our obligations to provide transport services under the 1998 Act onto anyone else such as the driver, another operator or any other party. Monochrome takes responsibility in relation to the performance of the contract to provide transport services.

d. An example of this can be for the purposes of private hire legislation and regulation in London, UK. For all transport services Provided by Monochrome, you are contracting directly with Monochrome convoy ltd for the provision of these services, meaning Monochrome will be principal in this contract. 

e. Passenger services which fall under the Jurisdictions such as the Private Hire Vehicles (London) Act 1998 (the 1998 Act) are regarded as services where the operator, Monochrome shall enter into a contractual obligation as principal with the person making the private hire booking ‘passenger’ to provide the journey which is the subject of the booking and any such contractual obligation will be consistent with the 1998 Act and these Regulations.”In this particular use case, Monochrome is Principal in the contract.

f. For Journeys beginning in London, all journeys are regarded as Monochrome provided services. When a passenger makes a booking, Monochrome as a London PHV operator, are aware of our obligation to enter into a contract with the passenger as principal and to stay consistent with Regulation 9(14) of the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 (the 2000 Regulations) and so Monochrome is principal in the contract between Monochrome and the person making the private hire booking.

3. How we might amend these terms or the platform for monochrome

a. We are continually working to update and improve the Monochrome apps/website/sites. This may involve changing or removing specific Monochrome apps/website/sites components, which may have an effect on how you use the platform. If at all possible, we will notify you in advance of any changes we make to the Monochrome apps/website/sites, unless an immediate modification is necessary, such as to address a security threat. You will be deemed to have accepted the modifications if you use the Monochrome apps/website/sites in the future. The Monochrome Platform is always available to you at any moment.

b. Monochrome may also update these terms from time to time. Without giving you prior notice, we reserve the right to alter the terms of the agreement to reflect changes in the law and other regulatory requirements as well as to make a few minor technical changes. You will be informed in advance of any other forms of change. Depending on the proposed change's nature, we will make an effort to give you reasonable and pertinent notice. Before the revised Terms take effect, we will typically give you at least 7 days' notice and explain the rationale for and potential effects of the change on you. Please stop using the Monochrome apps/website/sites if you do not agree with the amended Terms. You will be considered to have approved a modification if you keep using the Monochrome apps/website/sites after it becomes effective.

c. From time to time, we might grant you temporary access to additional beta or test features on the Monochrome Platform. We will inform you of any additional terms and conditions before you sign up.

4. How to Use the Monochrome apps/website/sites

a. You must install the App on your mobile device, be at least 18 years old, and register and set up an Account with a user ID and password in order to access the Monochrome Platform.

b. You can use a third-party service (like Gmail, Facebook) to connect to the Monochrome Platform. You agree that we have permission from that service to access and use your personal information there. Your personal information will be handled in compliance with the Privacy Notice at all times.

c. Your mobile number will be added to our database and linked to the appropriate Account during the installation of the App. You must inform us as soon as possible if your mobile number is no longer in use. Your cell operator may assign the same mobile number to another of their users and allow them access to your data on the App if you fail to notify us of any changes to your number.

d. In order to use your Account and the Monochrome apps/website/sites, you must provide Monochrome with accurate and current credit or debit card information (or other forms of payment that Monochrome  may accept). You attest that the information you supply is true and accurate, and that you are authorised to use the provided credit, debit, or other payment method.

e. You are required to keep your login information private. You should get in touch with us right away using the App if you have any worries that your Account may have been abused.

5. Access to the Monochrome apps/website/sites is your right

As long as you abide by these agreements, the Policies, and the relevant app-store agreements, we will provide you the ability to access the Monochrome apps/website/sites without charging you any fees. Even though you can request Services on behalf of others, Monochrome will treat their actions as your own for the purposes of these Terms, and it is your responsibility to make sure that they do not put you in violation of these Terms. You must not allow anyone else to use your Account to access the Monochrome Platform.

b. You acknowledge that your only right to use the App and any other component of the Monochrome Platform is granted to you in line with these Terms.

6. Acceptable Use Policy

This paragraph explains the Acceptable Use Policy.

a. You are not permitted to do any of the following while using the Monochrome apps/website/sites: 

(i) You are prohibited from altering any apps/website/sites security features; 

(ii) If we have temporarily blocked or restricted your access to the apps/website/sites, you are not permitted to use it; 

(iii) It is forbidden for you to support, engage in, or advocate for any illegal or unlawful behaviour that endangers or harms people or property;

iv. It is not permitted for you to alter, interfere with, intercept, disrupt, or hack the Monochrome apps/website/sites, including by introducing any software viruses, or to use the Monochrome apps/website/sites to commit any fraud against Service Providers, Monochrome Parties, or any third parties, including contractors, credit card issuers and holders, etc.; 

v. You are not allowed to use the Monochrome apps/website/sites to collect any data other than as permitted by these Terms; 

vi. It is prohibited for you to publish or contribute any User Content that is abusive, threatening, vulgar, misleading, or objectionable; 

vii. You are not allowed to submit or contribute any User Content that you do not own or have permission to use; 

viii. You are not allowed to submit or contribute any information or commentary about another person without that person's permission; 

ix. You are not allowed to threaten, abuse, or infringe on another person's privacy; and you are not allowed to cause another person annoyance, inconvenience, needless worry, or be likely to cause such things.

x. You are not permitted to extract, or attempt to extract, any data, digital  artwork from the Monochrome apps/website/sites for your own purposes (such as to create a database); 

xi. You are not allowed to resell any Services that have been provided in connection with your Account; and 

xii. do anything that would be a violation of the Child Safety Policy and/or the Fraud Policy

7. When our relationship starts, how use of the Monochrome Platform can be disabled, and how our relationship can come to an end

a. When you sign up for an Account, these Terms go into effect. They remain in force until terminated by either you or us in accordance with these Terms.

b. You must immediately uninstall the App and stop using the Monochrome apps/website/sites if at any point you believe that you can no longer agree to these Terms or any changes made to the Terms or the Monochrome apps/website/sites.

b. Use the communication tool on the Monochrome Platform to let us know if you want to delete your Account. Please be aware that we might need you to prove your identity before we can access your data or cancel your account.

d. If you violate any of these Terms or the Policies, we may take any of the following actions (with or without notice, depending on the seriousness of the violation) to protect the integrity of the Monochrome apps/website/sites, any Monochrome Party, or the safety of our employees, contractors, or Service Providers:

i. immediate, temporary or permanent removal of any User Content; 

ii. immediate, temporary or permanent withdrawal of your right to use and access the Monochrome apps/website/sites (or access to specific Services); 

iii. issuing a warning to you; 

iv. legal action against you including legal proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or 

v. disclosure of such information to law enforcement.

e. We reserve the right to remove your User Content and any other information we may have about you if the partnership is terminated or we suspend your access to the Monochrome apps/website/sites in accordance with this clause. You will also lose your ability to: 

(i) utilise the Monochrome apps/website/sites; 

(ii) access any content that we or another Monochrome Party may have made available through the Monochrome apps/website/sites; 

(iii) access any content that Service Providers may have made available; and 

(iv) access your User Content.

f. Your obligations to make any payments stipulated in these Terms will not be impacted by the cancellation of your Account or the termination of your usage of the Monochrome apps/website/sites.

8. Our responsibility for losses suffered by you

a. We are only liable to you for damages, losses, and expenses that arise from our failure to uphold our end of the bargain and that either of the Monochrome Parties and you could have reasonably foreseeable at the time this agreement was made. Please be aware that other than the Services that they themselves supply to you, the Monochrome Parties will not be liable to you.

b. We do not promise that the Monochrome apps/website/sites, its features, or content will always be available, uninterrupted, or error-free. If the Monochrome apps/website/sites aren't always fully functional, but will do our best to ensure satisfactory customer service.

c. Section 2 (Private Hire Terms) details further Service-specific damages and expenses for which the Monochrome Parties shall have no liability.

d. The utmost extent authorized by law will be applied to all liability restrictions and exclusions set forth in these Terms. However, nothing in these Terms shall limit or otherwise exclude the liability of the Monochrome Parties for any of the following:

 i. death or personal injury resulting from any Monochrome Party's negligence; 

ii. fraud on the part of any Monochrome Party; or 

iii. any other liability that cannot be excluded or limited by law.

9. Your content and intellectual property

a. By using the Monochrome apps/website/sites, you certify that all User Content you send us complies with the Acceptable Use Policy.

b. Your User Content shall be yours (or the appropriate third party's) to own, not ours. In order to provide access to the Monochrome apps/website/sites (including allowing other Users to view your User Content), you grant us the right to use, copy, distribute, change, publish, translate, licence, sublicense, and otherwise exploit the User Content anywhere and in any format. You must make sure that any third-party content you use in your User Content has granted you the same rights as those outlined above.

c. While we are in no way liable for any such third-party content, we do have the right to keep an eye on user content and reject, refuse, or remove any that we believe violates the acceptable use policy.

d. The Monochrome apps/website/sites, its content, and any associated documentation are all protected by intellectual property rights that belong to us or our licensors and may not be reproduced, distributed, uploaded, or republished in any way without our express written approval. Except for the right to use and access it in accordance with these Terms, you will not own the Monochrome apps/website/sites, its content, or any related materials.

10. Contact, comments, and grievances

a. You can reach us through the App if you have any questions about these Terms or any other document that they refer to.

b. By giving us your feedback, you agree to waive any ownership rights you may have in it so that we can use it and let others use it without restriction or compensation to you.

11. Dispute resolution

You must first get in touch with us via the App if you have any issues with the Monochrome Parties, the Monochrome apps/website/sites, any services, or service providers (such a payment issue). The most advantageous strategy for resolving the conflict will then be discussed and decided upon with you.

12. Other important terms

A. All disputes and the interpretation of these Terms shall be governed by English law. Any dispute resulting from or relating to your use of the Monochrome apps/website/sites or these Terms shall be subject to non-exclusive English court jurisdiction; however, if you reside in Scotland or Wales, you may also bring a claim there.

a. In the event that any term of these Terms is found to be unenforceable, the parties shall replace the unenforceable provision with one that is reasonably close to the intent and economic effect of the unenforceable provision. No provision of the Terms shall be deemed to have been waived by either party's failure or delay in enforcing such provision.

c. These Terms are just between you and Monochrome ; no one else is entitled to any rights under them.

d. Unless otherwise specified, all amounts stated in these Terms include any applicable VAT.

13. How we process your data

We value the privacy of our customers. In order to understand how we handle information about you, please read our Privacy Notice.

Monochrome can also comply with information requests, such as those from law enforcement agencies, if we have a good faith judgment that doing so is mandated by the law, will advance a job of public interest, will have an impact on users, and will be in line with accepted global norms. Anytime we release information, we make sure to document our decision and ensure that we have a valid reason for doing so. More details regarding these disclosures can be found in our Privacy Notice: Passengers.

Section 2: Private Hire Terms

When using the Monochrome apps/website/sites to order and receive private hire services from Monochrome, you will be subject to the extra conditions outlined in this Section 2. You must accept these Private Hire Terms in order to use the Monochrome apps/website/sites to request and receive private hire services. 

The General Platform Glossary definitions listed in section 1 above shall be followed. In the event of a conflict between the Private Hire Terms (Section 2 of these Terms) and the General Platform Terms (Section 1 of these Terms), the Private Hire Terms shall govern.

14. Private Hire Glossary

There are several additional words and phrases that are capitalised throughout these Private Hire Terms. This indicates that the following definitions only apply to the Private Hire Terms:

"Driver" means a properly licensed driver who is authorised to transport a Passenger for Journeys for Monochrome.

"Fare" means the fare amount to be paid by Passengers for Journeys.

"Journey" refers to the private hire transportation service that Monochrome provides to Passengers in accordance with these Private Hire Terms.

"Operator Licenses" means any applicable Monochrome operator licenses

"Passenger" refers to the members of the public, such as you, who use the Monochrome apps/website/sites to request and receive Journeys.

“Service Fee” indicates a service fee that Monochrome will collect from you for each Journey. When a Service Fee is applicable, the estimated Service Fee will be displayed in the App as part of the Fare and will be included in the estimated Fare that is displayed to you in the App. 

“Toll Charge” meaning a surcharge that is imposed as a result of the route taken by a journey, such as a journey over a toll bridge, a journey to or from an airport, or a journey through a specified congestion zone. 

15. Taking a Journey

a. We run the Monochrome apps/website/sites, which enables you to use the App to request, book, receive, and pay for Journeys. If applicable, Monochrome complies with the terms of its applicable Operator Licences while inviting or accepting reservations for Journeys. When your booking is confirmed, we will provide Journeys in accordance with the information you supplied.

b. Depending on your location, payment history, and the availability of the Driver, Monochrome may accept your booking request when you submit it for a Journey.

c. Once your request for a Journey has been approved, a contract for the supply of the Journey in line with these Terms, including our promise to conduct the Journey and your commitment to pay, will be formed between you and Monochrome .

d. In response to your request for a journey, the app will estimate the fare you will pay for the journey's provision, taking into account any applicable service fees and any anticipated toll charges. You could receive an estimation of your arrival time from the app. You will be notified if the estimated fare changes before your journey is verified. The estimates are given solely for your convenience; the actual Fare and arrival time may differ from the estimates, for instance if you change your destination during the trip, if traffic causes the trip to take significantly longer than anticipated, or because of other circumstances (such as when a toll charge is necessary because of a change in route or destination).

f. The exact Fare you have to pay to Monochrome will be determined by the pricing components that are displayed to you in the App. You can use the App to review pricing information that relates to your journey in order to estimate the fare. After your journey is validated, you will always be shown the exact applicable fare element where a pricing element (such price per mile) is provided as a range.

If you are more than three minutes late to meet your driver at the pick-up location, a waiting fee will be applied to your fare. Before you confirm a booking request, the application will display the applicable waiting time fee. Depending on your location or the selected vehicle category, the time before the waiting fee is paid (the "Waiting Period") could occasionally be greater than two minutes; these brief changes to the Waiting Period will be described here.

g. You understand that while receiving the Journey: 

i. the Driver may choose any reasonable route to reach your desired destination; 

ii. you may change your route after consulting with your Driver, in which case your fare may change; 

iii. an extraordinary circumstance (such as a mechanical failure or a civil emergency) may prevent your Driver from completing your Journey.

h. You can contact us through the App at any time to cancel your booking request for a Journey before you start it. If you arrive at the pick-up location after the Driver has arrived, we reserve the right to cancel the Journey. The agreement between you and Monochrome for that Journey will expire in any scenario. A fee, as described in section 16 below, may be charged in the event of a cancellation.

For advice on cancellations, please see our apps/website/sites Conduct Guidelines.

i. Monochrome and/or a Driver may cancel or refuse to complete a journey in accordance with the Child Safety Policy to protect minors.

j. If a Journey is deemed fraudulent in accordance with the Fraud Policy, Monochrome and/or a Driver may cancel or refuse to perform it.

K. Lost Property: If you think you may have left a personal item in a Driver's vehicle, please get in touch with us and provide as much information as you can, and we'll look into your claim.

I. If your journey was not satisfying, do let us know using the app.

16. Other costs

When you approve a request for a journey, you acknowledge that in the following situations, you may be required to pay a cancellation fee of up to £15 equivelent for a planned, pre-booked journey or up to £5 equivalent for all other journeys:

i. if you cancel your reservation more than three minutes after a Driver has been successfully assigned to your journey; 

ii. if you arrive at the pick-up location more than five minutes late and the Driver cancels the journey on behalf of Monochrome. When you arrive more than five minutes late, the driver will be instructed by us to cancel your trip.

When you make a booking request on the app, you will see the cancellation fee that will be charged for your Journey.

b. If you or anyone associated with you soils the vehicle in any way (including by staining it or making it smell), you are required to pay a cleaning fee. The severity of the damage or the expense of cleaning the car will determine the applicable price. Your total cost will not exceed £80. You authorise us to deduct the fee from your credit or debit card if you don't pay it after we notify you.

17. Your responsibilities

a. You consent to abide by the Policies.

b. Because we do not specialise in the transportation of products, you agree not to use our Service to move any items or personal property (including livestock or pets) on your own without sufficient supervision from you. You also agree not to use this service to ship delicate, perishable, fragile, or irreplaceable objects that need for special handling or transportation. If such things are lost or damaged, we will not assume any duty or responsibility.

c. Prior to getting out of the car, you must make sure you have all of your personal items with you. You are responsible for making sure they are safely stowed during the trip. Monochrome is only liable for property loss or damage if it happens as a result of Monochrome 's carelessness; in that instance, Monochrome 's total obligation to you and your fellow passengers for any losses or damaged personal property is set at £250 per occurrence.

d. Additional instances of losses or expenses for which Monochrome  will not be liable to you are as follows since neither Monochrome  nor you could have reasonably anticipated them at the time you and Monochrome  entered into these Terms:

e. plans you make or actions you take in connection with a Journey, such as plans for subsequent travel; or damage to or loss of fragile or perishable products.

This is not an exhaustive list of situations that could not have been reasonably anticipated; depending on the details, additional situations might also be pertinent. If we fail to fulfil our commitments under the Terms, you are only entitled to compensation for losses, damages, or expenses that could have been fairly anticipated by both you and any of the Monochrome Parties at the time the Terms were entered into.

f. You agree that while using the Journey, you will not use or carry any illegal substances; you also agree not to carry or use any weapons; and you agree not to use, incite, or support any type of violence, sexism, racism, or prejudice.

g. We are able to include social elements on the Monochrome apps/website/sites, such as the opportunity to pick (if a choice is provided), rate, or contact the Driver. When utilising any of these social features, you must adhere to our Acceptable Use Policy. Communications between the Driver and the Passenger may be seen and intercepted in accordance with the Privacy Notice.

18. How to pay

a. You must use the Monochrome apps/website/sites to pay for all fares, including any service fees and toll charges. Payments made in cash are not accepted, unless instructed specifically by Monochrome.

b. For each completed Journey you book using the Monochrome apps/website/sites, Monochrome will charge you a Fare. If necessary, extra fees will be charged in accordance with section 16 above. For card payments, Monochrome has the option to pre-authorize payment of a fare before the journey is over.

c. You give Monochrome permission to deduct the Fares incurred through your Account from the credit or debit card (or other acceptable form of payment) for which you supply payment information.

d. Following the completion of your trip, Monochrome  will send you an invoice and, if payment of the fare has not already been pre-authorized, will charge your designated credit or debit card (or another recognised form of payment) for the full amount of the fare.

e. If, for no reason related to Monochrome  or the Monochrome apps/website/sites, Monochrome is unable to collect a Fare or any other amount from your default credit or debit card, you give us permission to charge another credit or debit card associated on your account. If we are still unable to collect the funds, we will notify you and we may be able to recover the payment on your subsequent Journey and/or temporarily disable all or a portion of your access to the Monochrome Platform (without any liability to you) until you pay the Fare. This does not impact Monochrome 's other legal rights and options.

19. Promotional codes

You may receive discount vouchers from Monochrome. Additional promotion terms and restrictions may apply. 

A promotional code credit may be used to pay for a Journey's completion or for other features or advantages connected to the Service and/or the services of third parties. Once you have used a promotional code on your Account, the expiration date will be displayed in-app.

b. The remaining balance will be automatically taken from your Account if your fare is more than the applicable promotional credit. Each promotional code credit can only be applied to one trip; it cannot be transferred over to a subsequent trip or travel and is therefore void.

c. Monochrome  reserves the right to revoke any promotional code at any time for any reason, including, for instance, if Monochrome believes the codes are being used fraudulently or illegally, were accidentally supplied, or have expired.