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2.2 This Agreement remains valid until superseded by a replacement.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.
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:
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:
instances
place
and share our beliefs and ethical working practices.
documentation
to do so and to safeguard our people against abuse or coercion.
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.
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.
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.
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.
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.
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
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
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
27A,Broadway,Rainham, Essex, United Kingdom