iTaxi – iTaxi.pl Sp. z o.o. based in Białystok, ul. Legionowa 28, 15-281 Białystok
iTaxi Application – iTaxi software and website used for ordering of passenger transport services and entering into passenger transport agreements by users whose mobile devices can be connected to the Internet.
Passenger – a logged-in user of the iTaxi Application accepting these Rules who orders a service and enters into a passenger transport agreement via application.
Driver – a licensed taxi driver who may accept passenger transport orders from a Passenger and carry out transport under a separate agreement for co-operation with iTaxi.
Mobile Devices – mobile devices enabling wireless connection to the Internet. Devices by means of which the iTaxi application is used.
Passenger transport service – a transport service provided to Passengers by Drivers by means of taxicabs (within the meaning of Article 2 pt 43 of the Act of 20.06.1997 – Road Traffic Law, Journal of Laws of 2005, No. 108, item 908, as amended, in conjunction with Article 4 par. 1 of the Road Transport Act of 06.09.2001, Journal of Laws of 2007, No. 125, item 874).
§1. General provisions relating to services offered by iTaxi
- iTaxi provides the Passenger free of charge with an application for use in Mobile Devices (costs may be charged for mobile data transmission connection according to the fee system of the Internet provider). According to the following Rules, the Passenger using the iTaxi application orders a passenger transport service by filling in the form and clicking the „ORDER” button, thereby expressing his will to enter into a passenger transport agreement with the Driver (a licensed taxi driver). Information, including the Passenger’s data, is displayed on the side of the logged-in Driver, who confirms his will to perform the service by clicking the „ACCEPT ORDER” button. The Passenger receives a return message immediately upon acceptance of the order by the Driver along with information concerning the Driver’s current position and identification data (the First Name, the Last Name and the Vehicle used by the Driver). The Passenger may also at any time call directly the Driver who accepted the order by clicking the „CALL” button. The Driver who accepted the ordered service is obliged to arrive at the location indicated by the Passenger for the purpose of entering into an agreement. A passenger transport agreement is entered into when statements of will are made: by the Passenger upon clicking the „YES” button in order to confirm the service order and, at the same time, accepting all conditions of transport, and then by the Driver upon clicking the „ACCEPT ORDER” button in order to confirm the receipt of information from the Passenger and agree to perform the service.
- The conclusion of a passenger transport agreement is not a result of the use of the iTaxi Application, but the use of the application may result in the conclusion of such agreement. A passenger transport agreement may be concluded only between the Driver and the Passenger according to the terms and conditions described in these Rules. iTaxi provides only intermediary services, i.e., it notifies the Passenger about available Drivers (licensed taxi drivers) ready to provide a passenger transport service and notifies the Driver about the Passenger’s need to obtain such service.
§2. Fees and payments
- iTaxi does not charge the Passenger with any fees for the use and ordering of service via iTaxi Application.
- The use of the iTaxi service requires active connection to the Internet, and the user of the Application must have an operational Mobile Device. The Passenger must ensure, on his own account and on his own responsibility, compliance with technical requirements of the device, its configuration, validity of software and Internet access. Costs of purchase of a mobile device and costs of Internet connection for which the operator or supplier may charge additional fees shall be borne in full by the Passenger.
- The passenger transport agreement between the Passenger and the Driver shall be used as a basis or settlement of the service described in pt I. The settlement procedure is carried out on the basis of the applicable price-list of the given Driver. The full price-list is available on the wind shield of the Driver’s vehicle; the iTaxi Application sends only information about the rate per one travelled kilometre in the day tariff (from 6:00 a.m. till 10:00 p.m. on each day, excluding Sundays and holidays).
- iTaxi may introduce settlement with Users in the form of mobile payments. In such case, payment for a passenger transport service ordered via iTaxi Application shall be charged to the User by means of an electronic payment order, credit cards, or mobile payment systems, i.e. PayU. If an invoice assumes the form of a voucher or discount, the Taxi Driver shall not impose a fee upon the User or impose a partial fee according to agreed settlements for a voucher or according to the granted discount.
§3. General terms and conditions of use of Discount Codes
- A discount code entitles the Passenger to travel by taxicab at a discount, i.e., the Passenger is obliged to pay the Driver a fee in the amount displayed on the taximeter less the discount to which the Passenger shall be entitled under his discount code. The value of the discount on an individual passenger transport service is notified to the Passenger along with his discount code If the amount displayed on the taximeter is at least equal to or lower than the amount to which the Passenger is entitled under the discount granted to him, such passenger transport service shall be treated as a free service, and the unused part of the discount to which the customer is entitled shall be lost. No payment of the equivalent value of the Discount Code in cash or in any other form shall be possible.
- Discount codes shall apply only to orders made via iTaxi Application. The relevant discount code must be entered in the application menu in the Discount Codes tab before placing a taxi order. The code shall be valid only when it is verified correctly by the application, i.e., the iTaxi Application notifies the Passenger that the code is correct.
- Each Discount Code may be used only once by the Passenger during the validity period of the code. Each Discount Code may be entered into the Application only once. It is not possible to enter the same code again. Each unused Discount Code shall cease to be valid at the end of the validity period.
- The iTaxi Application makes it impossible to use the code for Passengers who have already used other discount codes. This means that the Passenger can verify correctly only one discount code for the unique telephone number, irrespective of the origin and value of the code.
- Multi-use codes are an exception from the rules set out in pts §3.3 and §3.4 of the Rules. If the Passenger has a code entitling him to many discounts, he may verify it as many times as he is entitled to use a discount travel service (information about how many times the Passenger is entitled to such discount shall be sent to the Passenger along with the discount code in each case). In the case of multi-use codes, the Passenger must verify the same code before placing every separate taxi order, i.e., if a code entitles him to order two travels at a discount, it must be verified both before the first travel and before the second travel; if the Passenger fails to verify the code before the second travel, such travel shall be provided against a full fee – in such case, the code continues to be valid, but it must be verified before placing the next taxi order.
- One travel does not entitle the Passenger to more than one discount code, discount, vouchers or any other discounts affecting the amount due to the Driver in respect of such travel.
- Any discount code that has been lost must not be used or resold.
- If there is a suspicion as to the unauthorised use of a discount code or violation of the terms and conditions of these Rules, iTaxi has the right to block the Passenger’s profile and refuse him access to services made available via iTaxi Application. If any such situation arises, the Passenger shall not be entitled to make any claims against iTaxi in respect of the value of unused Discount Codes.
§4. Availability of the application and discontinuation of services
- Under general terms and conditions of use of the application, iTaxi shall also endeavour to ensure the best possible availability of the application and to remove any failures resulting from the malfunctioning of the application as soon as possible. Nevertheless, the Passenger is not entitled to make any claim in respect of ensuring of permanent and uninterrupted availability of the application.
- iTaxi reserves the right to suspend the functioning of its services in part or as a whole without notifying Passengers and Drivers separately. In the case of full suspension of activity, a relevant message with information about the discontinuation of services by iTaxi shall be published at www.iTaxi.pl. Drivers and Passengers are not entitled to make any claim in respect of the suspension of activity or the discontinuation of services by iTaxi Sp. z o.o.
- iTaxi reserves the right to change and continue to develop the application and to extend the profile of services provided by means of the application. Such changes may be entered into the application at any time.
§5. General rights and obligations of the Passenger
- Before starting to use iTaxi services, the passenger is obliged to become familiar with the rules published at www.iTaxi.pl. The use of the iTaxi Application requires the registration of the Passenger’s account through reporting of the Passenger’s true personal data (First Name, Last Name and telephone number) in the application. The registration of the account is tantamount to the acceptance of the Rules and the expression of consent to the processing of the Passenger’s personal data submitted in the registration process.
- The Passenger is obliged to submit his complete and true personal data required by iTaxi and to check and update them without any requests from iTaxi.
- The Passenger is obliged to use the application only in a manner corresponding to its intended purpose. The Passenger shall not, either by himself or together with third parties, change, bypass and break the securities of the application and shall not exert any adverse impact on the application by damaging or overburdening it.
- The Passenger shall not have any rights to software made available by iTaxi, which are owned by iTaxi. Full or partial copying, modifying, distributing or reproducing of software made available by iTaxi is prohibited.
- The Passenger shall not grant access to the application to third parties. The Passenger is solely responsible for the confidentiality and safety of his profile and is obliged to notify iTaxi immediately about the unauthorised use of his profile in the application by third parties.
- The violation of law by the Passenger during the use of the application shall release iTaxi from responsibility towards third parties and from any potential costs of legal representation that iTaxi would have to bear in this case. The Passenger is obliged to cover any damage towards iTaxi that may arise in the case of violation of any rule of use of the application.
- The Passenger is obliged to notify iTaxi immediately if third parties pursue their claims against iTaxi due to the violation of law by the Passenger.
- The Passenger is not allowed to process or use personal data of other users of the application, including other Passengers and Drivers, that shall be made available to him during the use of the Taxi Application.
§6. Responsibility of iTaxi
- iTaxi shall not be responsible for the authenticity, correctness and completeness of data that are transferred via application between the Passenger and the Driver. iTaxi shall also bear no responsibility for the receipt of data in due time (both by the Passenger and by the Driver).
- iTaxi shall be responsible for damages suffered by the Passenger as a result of the use of the application that occurred solely through the deliberate fault of iTaxi. This refers primarily to damages arising from the failure or unavailability of the application or from the delayed, incomplete or incorrect submission of information.
- iTaxi shall be responsible for damages of computer hardware or software resulting of the use of the application that occurred solely through the deliberate fault of iTaxi.
- iTaxi shall not be responsible for any loss of data stored in mobile devices. The protection of these data is the responsibility of the Passenger and the Driver.
- iTaxi shall not be responsible for the provision of passenger transport services performed by the Driver.
- iTaxi shall not be responsible for any contents and links to websites that belong to third parties and are published at www.iTaxi.pl
- iTaxi shall not be responsible for any contents made public and distributed by Passengers and Drivers within the application; this responsibility rests solely with Passengers and Drivers who publish them. iTaxi reserves the right to remove immediately publications that contradict the law, violate commonly acceptable norms and rules of social interaction and moral and social standards.
§7. Personal data protection
- All personal data submitted by the Passenger using the iTaxi Application (First Name, Last Name, E-mail Address, Telephone Number and Locations) shall be stored and processed in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, unified text with amendments).
- All personal data of the Passenger and the Driver collected by iTaxi shall be stored and processed in a manner necessary for the proper functioning of the application.
- Starting the use of the iTaxi Application shall mean the acceptance of all items of these Rules along with the expression of consent to the collection, storage and processing of the Passenger’s personal data, as well as the expression of consent to the disclosure and submission of data in the form of first name, last name, telephone number and location to Drivers logged into the system who agree to provide passenger transport service to the Passenger. The Passenger may at any time revoke his consent to the use and processing of his personal data in writing, which shall be tantamount to the liquidation of the Passenger’s account by iTaxi.
- The Passenger expresses his consent to the location (GPS data) and reporting of the place of his stay and his other data (first name, last name and telephone number) to Drivers who received a passenger transport service submitted via iTaxi Application.
- The Passenger expresses also his consent to the use and storage of his personal data by iTaxi for purposes of advertising, market research or creation of offers according to demand. The expression of consent to the processing of data for marketing purposes is voluntary and may be revoked by the Passenger at any time in writing.
- The Passenger expresses his consent to the collection and use of his personal data for the purpose of settlement of Drivers. These data are necessary for the correct functioning of the application and shall be used only for the proper settlement of agreements concluded by iTaxi. Data are collected for identification purposes and contain information about used telecommunications media, start times, end times and the general time of use of the application.
- The Passenger expresses also his consent to the use and storage of personal data by iTaxi in anonymous form for marketing purposes. The expression of consent to the processing of data for marketing purposes is voluntary and may be revoked by the Passenger at any time in writing.
- The Passenger agrees to make his data available for purposes of conforming to these Rules of Use of the iTaxi Application or pursuing legal claims in connection with the implementation of these Rules.
- The expression of consent to the storage and processing of data is voluntary.
- The Passenger is entitled to access and correct his data.
- Please send all information concerning the use of personal data, access to their content, the method of updating or the withdrawal of consent to their use via contact form available at www.iTaxi.pl or in writing to the current address of iTaxi Sp. z o.o. indicated on this website.
§8. System of evaluation of Users
- The Passenger is authorised to provide a reliable evaluation of services provided by Drivers, both with regard to the Driver and the vehicle. The Passenger undertakes to report only true information.
- The Passenger expresses his consent to the publication of grades in the iTaxi Application and at www.iTaxi.pl
§9. Final provisions
- If any of the provisions of these Rules (or any part thereof) is deemed invalid, unenforceable or illegal by a court or any other authorised body, the remaining provisions shall remain in force and shall be deemed applicable and binding. Any provision that was deemed invalid, unenforceable or illegal shall be replaced with another provision that shall reflect the economic purpose of use of the iTaxi Application to the fullest possible extent.
- iTaxi reserves the right to change the content of the Rules. The new Rules shall be valid from the date of publication of their new version at www.iTaxi.pl and in the iTaxi Application.
- The Passenger has the right to submit in writing his reservations and objection against changes of Rules within 7 days from the date of their publication. The submission of an objection by the Passenger shall result in an automatic suspension of his rights to use the application.
- These Rules shall be governed by Polish law.