Driver App Terms & Conditions

 

Driver App Terms & Conditions

 

1 Description

This contract is effective from 04th December 2023 between:

 

Registered office address

27a Broadway 

Rainham 

Essex 

RM13 9YW

Company number 14495591

.

Together collectively known as the “Parties”.

 

On 04th December 2023 (“Effective Date”).

 

 

2 Overview

 

2.1 This agreement represents a Service Level Agreement (SLA or Agreement)

between VOOM Ride and the VOOM Ride Driver Partner

 

2.2 This Agreement remains valid until superseded by a replacement.

 

2.3 This Agreement outlines all Services provided by the VOOM Ride Driver Partner

 

3 Drivers Rights

 

3.1 VOOM Ride does not tolerate, or condone in any form, slavery, servitude, forced labour, or human trafficking. All VOOM Ride Driver Partners must be treated with dignity.

and respect. No VOOM RIDE Driver Partner must be exposed to any inappropriate or

unlawful conduct, including but not limited to verbal, psychological, physical

and/or sexual abuse, coercion, or harassment. VOOM Ride  Driver Partner’s rights, and

obligations in relation to VOOM Ride Driver Partners generally, should be clearly set out

in the form of a contract that respects all applicable laws, regulations, and trade

agreements, and honoured by both Parties.

 

3.2 No limits should be set for any VOOM Ride Driver Partner on their freedom of

contracting with other business entities, other than those recognised by

applicable laws and regulations.

 

4 Services to be Provided.

 

4.1 The following services are covered by this agreement.

 

  1. a) 24 hours a day, 7 days a week. 365 days per year
  2. b) Clean Vehicles
  3. c) All journeys recorded on the account and invoiced to VOOM Ride customers on a

single documented invoice that should include a detailed analysis of each job including destination

 

5 Privacy Notice

 

5.1 VOOM Ride collects, uses, and discloses information from or about You as described in

VOOM Ride Privacy Notice. Additional Privacy Notices may apply, including from Third Party Controllers. We shall notify You when such notices apply to You.

 

 

 

 

 

6 Payment Terms

 

6.1 Payment for services will be made Weekly every Friday.

 

6.2 In the event of a disputed payment, the VOOM RIDE Driver Partner must produce

evidence for VOOM RIDE to raise a dispute with its contracted partner. VOOM RIDE & it’s

partner(s) endeavour to resolve any disputes as quickly as is practicably possible

 

7 Liability

 

7.1 VOOM Ride liability to the VOOM Rid Driver Partner for all losses, damages, costs, claims

and expenses howsoever arising shall be limited in the aggregate to £100.00.

 

7.2 VOOM Ride relies on third party providers (such as network providers, data centres

and telecommunication providers) to make the Marketplace available. Whilst

VOOM Ride takes all reasonable steps available to it to provide the VOOM Ride Driver Partner

with a good level of service, the VOOM Ride Driver Partner acknowledges and agrees that VOOM Ride does not warrant that the Marketplace shall be always uninterrupted or fault free. VOOM Ride therefore shall not be liable in any way for any losses the

VOOM Ride Driver Partner may suffer because of delays or failures of the Marketplace because of its service providers.

 

7.3 Subject to the exceptions set out below, VOOM Ride shall not be liable for losses that result from its failure to comply with these terms that fall into the following categories:

 

  1. a) consequential, indirect or special losses.
  2. b) loss of profits, income or revenue.
  3. c) loss of savings or anticipated savings, interest, or productions.
  4. d) loss of business or business benefits.
  5. e) loss of contracts.
  6. f) loss of opportunity or expectations.
  7. g) loss of goodwill and/ or reputation.
  8. h) loss of marketing and/or public relations time and/or opportunities; i) loss of data; j) loss of management or office time, or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

7.4 Nothing in these terms shall limit in any way VOOM Ride liability:

 

(a) for death or personal injury arising from its own negligence.

(b) for a person acting in their capacity as a consumer under section 2(3) of the Consumer Protection Act 1987.

(c) for fraud or fraudulent misrepresentation; or

(d) for any matter for which it would be illegal for VOOM Ride to exclude, or attempt to exclude, its liability.

 

8 Insurance

 

8.1 VOOM Ride Driver Partner(s) has ‘Hire and Reward’ insurance to cover damages and

losses for goods or people dependent on the job, (private hire)

excluding food, whilst in transit in line with industry standards.

 

9 Compliance with Data Protection. GDPR, Ethical Standards

 

9.1 The VOOM Ride Driver Partner warrants that it will comply with all Data Protection and associated legislation in force in England and Wales, which may be updated from

time to time. This includes any applicable laws relating to the processing, privacy,

and use of personal data, as applicable to VOOM Ride and or its partner(s), the

Marketplace, the Customer, the Driver and/or the Driver Services as applicable,

including the UK Data Protection Act 2018 and the General Data Protection

Regulation (EU) 2016/679 and/ or any corresponding or equivalent national laws or regulations.

 

9.2 For the purposes of GDPR, VOOM Ride is a Data Processor by way of its contractual

obligations to deliver services to the VOOM Ride Driver Partner.

 

9.3 VOOM Ride is committed to adhering to the highest ethical standards, which includes tackling Modern-Day Slavery within our business and supply chain, including our people, partners, contractors, and drivers, and promoting the safety and wellbeing of our people. VOOM Ride has implemented policies, procedures, and controls to identify Modern Day Slavery within our organisation, including:

 

  • Training our people to identify potential Modern Day Slavery threats and

instances

  • Whistleblowing and how to report a suspected case
  • Ensuring that our suppliers have a robust Anti Modern Day Slavery Policy in

place

and share our beliefs and ethical working practices.

  • Ensuring that the people who work for us have the required legal

documentation

to do so and to safeguard our people against abuse or coercion.

  • Continuing to take action to embed a zero-tolerance approach to this within

our organisation.

 

10 Intellectual Property Rights

 

10.1 VOOM Ride and/or its partner(s) retains the rights to all intellectual property for the

Marketplace and all VOOM Ride and or its partner(s) brands, logos, trademarks, and

images. The VOOM Ride Driver Partner has no intellectual property rights in, or to, the

Marketplace, save that VOOM Ride hereby grants a non-exclusive, non-transferable,

limited licence to the extent strictly necessary to access and use the Marketplace in accordance with these Terms.

 

10.2 Without limiting the generality of the above, the VOOM Ride Driver Partner is expressly prohibited from:

 

(a) reproducing, copying, editing, transmitting, uploading, or incorporating into

any other materials, any of the Marketplace including, without limitation, any information, articles, photographs, images, or submissions made available to you using the Marketplace; and

 

(b) removing, modifying, altering, or using any registered or unregistered marks/

logos/ designs owned by VOOM Ride and or its partner(s) and/ or its licensors and doing anything which may be seen to take unfair advantage of the reputation and goodwill of VOOM Ride and or its partner(s) or could be considered an infringement of any of the rights in the intellectual property owned by and/ or licensed to VOOM Ride and or its partner(s).

 

11 Force Majeure

 

11.1 Neither Party shall be in breach of these terms nor liable for delay in

performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances, or causes beyond its reasonable control, including but not limited to any of the following:

 

(a) Acts of God, flood, earthquake, windstorm, or other natural disaster.

(b) epidemic or pandemic.

(c) war, threat of or preparation for war, armed conflict, imposition of sanctions,

embargo, breaking off diplomatic relations or similar actions.

(d) terrorist attack, civil war, civil commotion, or riots.

(e) nuclear, chemical, or biological contamination or sonic boom.

(f) any law or government order, rule, regulation or direction, or any action taken

by a government or public authority, including but not limited to imposing an

embargo, export or import restriction, quota or other restriction or prohibition, or

failing to grant a necessary licence or consent.

(g) fire, explosion (other than in each case one caused by a breach of contract by,

or assistance of, the Driver) or adverse weather conditions.

(h) interruption or failure of utility service, including but not limited to electric

power, gas or water.

(i) any labour dispute, including but not limited to strikes, industrial action or

lockouts

(j) non-performance by suppliers; and

(k) collapse of building structures, failure of plant machinery, machinery,

computers or vehicles.

 

12 Relationship of the Parties

 

12.1 The Parties acknowledge and agree that the services performed by the VOOM Ride

Driver Partner, its employees, agents, or sub-contractors shall be as an

independent contractor and that nothing in this Agreement shall be deemed to

constitute a partnership, joint venture, agency relationship or otherwise between

the Parties.

 

13 Dispute Resolution

 

13.1 In the event of a dispute, we would ask that a complaint be raised using the

following contact details Driversupport@voomride.co.uk In the unlikely event that we cannot

resolve the dispute we will work with You to discuss a way forward to resolve the

dispute, which may include mediation. VOOM Ride right to refer the dispute to a court is expressly reserved. VOOM Ride does not commit to using an online dispute platform to resolve disputes.

 

 

 

 

14 Confidentiality

 

14.1 Confidential Information includes, but is not limited to, either Party’s:

 

(1) business plans, methods, and practices.

(2) personnel, customers, and suppliers.

(3) inventions, processes, methods, products, patent applications, and other

proprietary rights; or

(4) specifications, drawings, sketches, models, samples, tools, computer

programmes, technical information, intellectual property or other related

information. Information is not deemed to be Confidential Information if it is already in the public domain. Confidential Information includes this Agreement and its contents.

 

14.2 Confidential Information shared between the Parties should not be divulged or disclosed to any other party, whether by intention or accident, except as

required by a Court of Law. Both Parties warrant that they have due processes

and procedures in place to ensure the safety and security of the Confidential

Information.

 

14.3 The VOOM Ride Driver Partner shall ensure that each of its employees, officers,

directors, or agents who has access to Confidential Information is informed of its

confidential nature and is required to abide by the terms of this Agreement. The

VOOM Ride Driver Partner shall promptly notify the disclosing Party of any disclosure of

such Confidential Information in breach of this Agreement.

 

14.4 All Confidential Information disclosed to the VOOM Ride Driver Partner remains the

property of VOOM Ride VOOM Ride and or its partner(s) and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential

Information.

 

 

 

This agreement is governed by the laws of England and Wales.

 

Appendix 1 – Services to be Provided.

 

  1. The VOOM Ride Driver Partner will be given the ability, and support from VOOM Ride to service minicab ride on behalf of VOOM Ride or its Customer.
  2. Should the VOOM Ride Driver Partner fail to meet the agreements set out in the

Service Level Agreement, as set out in Clause 4 of this Agreement, then The

Company retains the right to reassign the Customer relationship and

responsibilities and Services with the Customer to The Company or to another

Operator, including all services, where relevant Commission obligations may also cease.

  1. This will be instructed in writing should the SLA be found to be in breach.
  2. Customers that have been solicited to and have registered with VOOM Ride and or its

partner(s) may not be solicited by the VOOM Ride Driver Partner or the Contractor under

any circumstances for a period lasting until 1 (1) year following the termination of

this agreement.

  1. VOOM Ride Driver Partner will be expected to keep all rides on time (the

successful collection of a passenger of service within the time frames set out from the client) for all Customer Deadlines set via the Platform by The Customer.

  1. Any time that incidents of a serious nature occur, then VOOM Ride will retain the

right to review the Term of this Agreement. An incident of serious nature may

include but is not limited to: Threats of an aggressive or violent nature, whether written or verbal, to the Customer, The Company or other Persons or Entities; Gross negligence resulting in physical harm to the Company, an Entity or other

Person or Entities; Physical violence in any form; Gross negligence resulting in

damages to property, loss of property or failure to meet any of the Terms stipulated in this Agreement; Aggressive or threatening behaviour, including the

use of foul language; Failure to complete Service obligations as set out in orders for Services by the Customer as inputted via the Platform.

  1. Any time it is deemed by the Customer or by the Company that management

of any Customer account has become negligible, by a lack of care, attention or

due diligence, will be a breach of the Service Level Agreement set out in Clause 4 of this Agreement and may result in the activation of Clause 3.2 of this Agreement.

 

 

Appendix 2 – Service Charges

 

Fees

5.1 VOOM Ride will charge the VOOM Ride Driver Partner a commission of 25% on the weekly

statements for all work.

5.2 Any payments/fees for services outside of this agreement will be agreed on a

case by case basis.

Procurement

  1. It is agreed by the VOOM RIDE Partner that all materials, vehicles, supplies, Licencing and documentation and any other aspects required to perform services in the UK

legally are to be supplied by the VOOM Ride Driver Partner, Operator, or the Transport

Partner and the Company will not provide any materials, vehicles, supplies, licencing and documentation.

 

Staffing

  1. The VOOM Ride Driver Partner agrees that it shall pay all of its Transport Partners fairly for any services carried out via the Platform and will hold responsibility for the

wellbeing and fair treatment of its Affiliated Transport Partners. It also understands that The Company will not be responsible for any failure to provide fair payment to Transport Partners.

 

 

 

 

 

 

 

 

Appendix 3 – Key Contact Personnel

For VOOM Ride:

Email: Driversupport@voomride.co.uk

Tel: 01708 522 600

 

Appendix 4 – Billing Details

VOOM Ride Driver Partner to provide the following:

Contact details for payments:

Full Name

Bank Name

Bank Account Number and Sort code