Consumer App Terms & Conditions

1 Description

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
OR REQUESTING THE SERVICES MADE AVAILABLE TO YOU VIA UVA’s
APPLICATION(S) / WEBSITE(S) AS THEY INCLUDE IMPORTANT INFORMATION
ABOUT THE SERVICES, YOUR RIGHTS AND OTHER IMPORTANT
INFORMATION.

• These Terms apply to UVA’s mobile applications and websites within the
United Kingdom.

• The App(s)/Website(s) Services enable you to request services from UVA
(“UVA Provided Services”) and from Third Party Providers (“Third Party
Services”). Both UVA Provided Services and UVA Third Party Services are
provided or made available as UVA Products.

• For UVA Provided Services, you are contracting directly with UVA for the
provision of these services. For any Third Party Services, you are contracting
directly with Third Party Providers and UVA will act as an agent to enable
you to request and receive those services.

• These Terms cover your use of UVA Transport Services. For other UVA
Products, you may be required to accept additional terms which govern
your use of those services.

• In order to provide our “ride-hailing’ Services, UVA accepts Bookings as a
private hire vehicle operator (under the relevant private hire vehicle
operating licence) for the purposes of private hire legislation and
regulation in the UK and in accordance with Transport for London (TFL)

• You can click on the links below to go straight to more information on each
area:

o Contact Us: support@uva.uk
o By using our App(s)/Website you accept these terms
o Our services, this includes how a contract is created and payment
terms
o What to do should an incident occur connected to our services

• We keep these Terms updated and we amend them from time to time.
Please remember to check these Terms before you use the
App(s)/Website(s) Services or use UVA Products, as the latest set of Terms
will apply in each case.

2 Definitions

• “Apps/Websites” – Services provided to the customer by UVA consisting
the access and use of UVA products and/or Third Party Services, This may
also include Payment Terms that cover invoices and payment processing

• “Booking” – A booking of UVA’s “ride-hailing’ Services

• “Legislation” – The Acts and and any regulations connected to the Acts,
this includes and related regulations in connections to the use of “PHV’s”

• “PHV’s” – Private Hire Vehicle 3

• “Third Party Providers” – Independent third parties may include transport
providers, logistic providers and/or other mobility services

• “Third Party Services” – Services may include services and good with
transport, travel, mobility, leisure which are available via our website and
App

• UVA – UVA UK or any connected affiliates
The following Acts are also referenced:

• “1998 Act” – Private Hire Vehicles (London) Act 1998

• “1976 Act” – Local Government (Miscellaneous Provisions Act 1976

3 Terms

3.1 Overview

1. The terms cover access and use of our App/Website and use of UVA
products

2. Please carefully read and agree to the terms prior to using our
App/Website services. These shall supersede any prior agreements

3. By using our Apps/Website Services, you are confirming that you accept
our terms, you may not access or use these services should you not agree
to the terms.

4. Where UVA are required to contact you, we shall do so by using push
notifications, call or text message using the details that you have supplied
whilst registering.

3.2 UVA’s Provided Services

1. The specific terms governing UVA Provided Services, other than UVA’s
“ride-hailing” Services, may be set out in additional terms or a separate
agreement. For UVA Provided Services, UVA is the service provider
contracting directly with you.

2. UVA is free to decide to accept or reject a request. Acceptance is
communicated to you through UVA’s applications and/or websites and the
related terms or agreement will set out when a direct contract forms
between you and UVA.

3.3 UVA’s Third-Party Services

1. UVA acts as a disclosed agent for Third Party services to enable them to
provide services to you. Our Third Party providers are all independent,
registered businesses or legal entities who are neither employed by nor
acting on behalf of UVA

2. Third Party Providers are free to decide to accept ignore or reject any
requests, Acceptance shall be communicated via our App/Website

3. The Third Party Provider is responsible for all obligations that may arise
from the provision of their services

3.4 Privacy Notice

UVA collects, uses and discloses information from or about you as described in
UVA’s Privacy Notice https://uva.uk/privacy-policy/ Additional privacy notices
may apply, including from third party controllers, for UVA Provided Services or
Third Party Services.

We will notify you when such notices apply to you.

3.5Charges and Payment

1. Charges for UVA Provided Services and Third Party Services.
i. If you make a request through UVA’s Apps and/or websites,
you agree to pay the relevant charges as described in UVA’s
apps and/or websites and will be responsible for any charges
or fees linked to your account.

ii. Depending on the UVAs Provided Service or Third Party
Service used, including, but not limited to, its location, the
charges may be displayed on UVAs Apps and/or websites
before a request is placed. In other cases, the charges will
depend on your use of the Third Party Services or UVA
Provided Services. We may provide an estimate of these
charges. Please be aware that the final amount charged to
you may be different from the estimate.

iii. You may be charged supplementary charges, costs and/or
fines, for your use or misuse of UVA Provided Services and/or
Third Party Services (such as repair or cleaning fees) following
a full internal investigation, at a later date

iv. In some cases, if the UVA Provided Services or the Third Party
Services cannot be performed due to your action or inaction
(for example, if you are not present at the pick-up or delivery
location to receive a delivery), all charges may apply.

v. Once the UVA Provided Service or the Third Party Service has
been provided, we may issue you with an invoice from UVA or
on behalf of the Third Party Provider, as applicable. The
invoice will include VAT, if applicable.

2. The charges may be modified in UVA’s Apps and/or websites from
time to time.

3. The charges do not include tips. Where available, you may pay tips,
either in person or through UVAs Apps and/or websites. We will
collect tips paid through UVAs Apps and/or websites on your behalf
and remit them.

4. Unless otherwise agreed, all charges are due immediately upon a
request being placed and payment will be facilitated by UVA using
the preferred payment method associated with your account, after
which UVA will provide a receipt, UVA may also use a secondary payment method if available. If your payment method(s) are
unavailable, we reserve the right to continue to try to take payment.

5. Charges are inclusive where applicable including VAT unless
specifically stated otherwise.

3.6 Charges and Payment

1. In some cases, you do not have the right to cancel the request for the UVA
Provided Services and Third Party Services once it has been accepted.

However, for certain Provided Services or Third Party Services, UVA or the
Third Party Service Provider (as appropriate) may allow you to cancel the
request, but you may be charged a cancellation fee.

2. UVA may refuse requests and cancel the Third Party Services or UVA
Provided Services if there is reasonable doubt about the correctness or
authenticity of the request or about the contact information. In this case
too, a cancellation fee may be charged. We may also end any contract in
place between you and UVA

3.7 Termination

1. You are free at all times to use the App(s)/Website(s) Services (where and
when available) and may terminate these Terms and the App(s)/Website(s)
Services by closing your account.

2. We may terminate these Terms and your access to the App(s)/Website(s)
Services with immediate effect if we conclude that there is a breach by you
of these Terms or any other agreement between you and UVA for the
provision of UVA Products.

3. UVA may, in its sole discretion, terminate these Terms or discontinue the
App(s)/Website(s) Services at any time by giving you reasonable advance
notice in writing.

4. If we cannot charge the relevant charges to your preferred payment
method we may suspend or remove your access to the App(s)/Website(s)
Services until payment is made.

5. You must immediately pay any outstanding charges due to Third Party
Providers or UVA by you upon termination. Any such charges will survive
termination and we reserve all rights to collect payment after termination.

3.8 Liability and Indemnity

1. You are liable for any damage suffered by us as a result of your
violation of these Terms, your misuse of the App(s)/Website(s)
Services and UVA Products or your violation of any laws or third
party rights. You are liable for all activities conducted through your
account unless such activities are not authorised by you and you are
not otherwise negligent.

2. In order to have access to the App(s)/Websites(s) Services, you agree
to indemnify, defend (at our option) and hold us and our respective
officers, directors, and employees harmless from and against all
claims, liabilities, expenses, damages, penalties, fines, social security
contributions and taxes arising out of or related to a breach of these
Terms, breach of applicable law or third party claims directly or
indirectly related to your use of the Third Party Services and the UVA
Provided Services generally.

3.8 Liability Limitations

1. Nothing in these Terms limits or excludes any liability which cannot
legally be limited or excluded, including liability for death or
personal injury caused by negligence and liability for fraud or
fraudulent misrepresentation or alters your rights as a consumer
that cannot be excluded under applicable law.

2. UVA, its affiliates, directors, officers, employees, workers, agents
and/or subcontractors are not liable under or in relation to these
Terms including, but not limited to, liability in contract, tort
(including negligence, misrepresentation), breach of statutory duty,
restitution or otherwise for any of the following arising out of or in
connection with the use of the App(s)/Website(s) Services and/or
UVA Products made available through the App(s)/Website(s)
Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of
agreements or contracts; (iv) loss of anticipated savings; (v) loss of
use or corruption of software, data or information; (vi) loss of or
damage to goodwill and (vii) indirect or consequential loss.

3. UVA, its affiliates, directors, officers, employees, workers, agents
and/or subcontractors are not liable for:

i. in relation to UVA Transport Services, any Booking that is not
accepted or is otherwise cancelled by UVA.

ii. damages or losses arising from any transaction between you
and a Third Party Provider;

iii. the availability and accuracy of the content, products or
services of the Third Party Provider; or

iv. delay or failure in performance resulting from causes beyond
our reasonable control.

4. Our total liability to you, arising out of these Terms or their subject
matter, or in connection with the provision to you of the
App(s)/Website(s) or UVA Products, in contract, tort (including
negligence, misrepresentation), breach of statutory duty, restitution
or otherwise, shall not exceed £500, unless otherwise agreed in
relation to a specific UVA Product.

5. UVA, and its affiliate entities, are not liable for business losses.
App(s)/Website(s) Services are provided only for private use. If you
use App(s)/Website(s) Services for any commercial or business
purpose UVA will have no liability to you for any loss of profit, loss of
business, loss of revenue, business interruption, or loss of business
opportunity (whether or not such loss could be reasonably expected
to flow from our negligence or breach of these Terms).

3.9 Resolution of Dispute Process

In the event of a dispute, we would ask you to raise a complaint by emailing us at
support@uva.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. UVA’s right to refer the dispute to a court is expressly reserved. UVA
does not commit to using an online dispute resolution platform to resolve
consumer disputes.

3.10 Laws and Jurisdiction Governance

These Terms shall be exclusively governed by and construed in accordance with
the laws of England. If you live in England or Wales you can bring legal
proceedings in respect of the Services in the English courts. If you live in Scotland
you can bring legal proceedings in respect of the Services in either the Scottish or
the English courts. If you live in Northern Ireland you can bring legal proceedings
in respect of the Services in either the Northern Irish or the English courts.

4 Apps and Website Services

1. By accessing and using the App(s)/Website(s) Services you accept these
Terms

2. By accessing and using the App(s)/Website(s) Services in another country,
your access and use may be subject to country-specific terms.

3. UVA’s mobile applications and/or websites may be made available to you
under various branding depending on the UVA Product(s) you are
accessing or using at the time.

4. Your access to and use of the App(s)/Website(s) Services

5. UVA’s mobile applications and/or websites can be downloaded or accessed
on most modern mobile devices with an internet connection and
equipped with popular operating systems such as Android or iOS.

6. You are responsible for obtaining the network access necessary to use the
App(s)/Website(s) Services and are responsible for any rates and fees from
your mobile network provider, including from data consumption while
using UVA’s mobile applications and/or websites. You are also responsible
for obtaining compatible devices and operating systems necessary to use
the App(s)/Website(s) Services, including any software or hardware
updates.

7. We provide the App(s)/Website(s) Services “as is” and “as available.” The
App(s)/Website(s) Services, or any related digital content, may be subject to
limitations, delays, and/or other problems inherent to the use of the
internet and electronic communications and are not guaranteed to be
available, uninterrupted or error free at all times. UVA may suspend or
withdraw or restrict the availability of all or any part of the App(s)/Website(s) Services for business and operational reasons. UVA will
try to give you reasonable notice of any suspension or withdrawal.

8. To use the App(s)/Website(s) Services in the United Kingdom, you must
register in UVA’s mobile applications and/or websites and set up an
account and you must be eighteen (18) or older. To use the
App(s)/Website(s) Services in the United Kingdom you must be eighteen
(18) or over. The terms governing specific UVA Provided Services or Third
Party Services may impose different age requirements.

9. You must provide us with certain personal information to register and set
up your account, including your phone number and email address. To use
the App(s)/Website(s) Services, UVA Provided Services or certain Third
Party Services, you may need to provide at least one valid payment
method (that is, a credit card, debit card or any other accepted payment
method). You may need to provide additional information and documents
before using certain UVA Provided Services or Third Party Services, such as
your address.

10. You are under no obligation to log in to, or use, UVA’s mobile applications
and/or websites. If you choose to stop using UVA’s mobile applications
and/or websites you may do so without giving us any notice. You further
agree that Third Party Providers are under no obligation to log in to, or use,
UVA’s mobile applications and/or websites.

11. UVA may temporarily restrict your access to and use of the
App(s)/Website(s) Services if there is a suspected breach of your obligations
(see Section 15 below) or otherwise of these Terms, including where we
receive a complaint in relation to fraud. There may be circumstances in
which we are unable to provide you with information about the complaint
whilst an investigation is ongoing (by us and/or a third party such as
the police).

12. You must provide accurate and complete information when you register
an account and when using the App(s)/Website(s) Services.

13. Your account is personal to you. Your account cannot be licensed or shared
unless expressly permitted by UVA. Once you have set up an account, you:

• may not register more than one account unless we agree otherwise
in writing;
• may not allow third parties to use your account or transfer your account to
a third party;
• must keep your account information accurate, complete and up-to-date;
• must keep your login details safe and confidential at all times; and
• must tell us immediately if you have any reason to believe that someone
else knows your username or password or if you suspect that someone else
is using your account.

14. You will be responsible for paying any fees or charges that may be incurred
as a result of the provision of UVA Provided Services or Third Party Services
requested through your account.

15. You must not, in your use of the App(s)/Website(s) Services, cause any
nuisance, annoyance, inconvenience, or property damage, whether to the
Third Party Provider, UVA or any other party.

5 Transport Services

1. Service Provider and Private Hire Vehicle Operators of UVA Transportation
Services

1. For UVA Transportation Services within the United Kingdom, you
will be contracting with the UVA entity which has accepted your
booking as the relevant licensed private hire operator.

i. For passenger journeys which commence in UK, UVA-UK Ltd.
You will be notified in UVA’s mobile application and/or
website if your booking has been accepted by UVA London
Limited. All other bookings in England or Wales will be
accepted by UVA-UK Ltd

2. Pursuant to the Legislation, a booking request made by you can only be
accepted by a person that holds a private hire operator’s or booking office
licence.

3. In respect of the 1998 Act, UVA London is the holder of the relevant PHV
operator’s licence. In respect of the 1976 Act, UVA UK is the holder of the
relevant PHV operator’s licence in each of the district councils (other than
the Metropolitan Police District and the City of London) in which it
operates.

4. UVA UK’s Contract with you for UVA Transport Services

1. A request for a Booking constitutes an offer by you to purchase UVA
Transportation Services in accordance with these Terms. This
Booking request will set out the main characteristics of the UVA
Transportation Services (including pick up and drop off points). Your
offer shall only be accepted when UVA issues written confirmation
of the relevant UVA Transportation Service via text message, email
or push notification from UVA’s mobile application, at which point
and on which date and time a contract for UVA Transportation
Services to which the Booking relates shall come into existence
(“Contract“). There is no obligation on us to accept a Booking and it
may be declined for any reason. If a driver becomes unavailable after
we have provided you with written confirmation of the Contract, we
will endeavour to find you another driver for your Booking. Where an
alternative driver cannot be found, we reserve the right to terminate
the Contract without compensation to you.

2. We will inform you of the estimated time of driver arrival and
estimated time of journey completion, but these are estimates only
and time shall not be of the essence. If we cannot accept your
Booking request, we will inform you of this and will not charge you
for UVA Transportation Services. Your Contract will end when the
passenger journey ends or as otherwise may be provided for in these
Terms.

3. The price for the Contract (which will include VAT, if applicable) will
be provided to you via UVA’s mobile applications and/or websites
before you place your Booking request. This may include relevant
surcharges (including airport pickup, dropoff, tunnel tolls, parking or
other airport charges) and/or tolls, road charging schemes, including
congestion charge, charges for low emission or similar zones, and
road tax. You may be charged a different amount than the price
provided in certain situations, including but not limited to, material
changes to the pick/up drop off point, route taken, driver waiting
time, stops or traffic. In this situation, the rates that will apply will be
available to you via UVA’s mobile application and/or websites. These
may be modified or updated from time to time. It is your
responsibility to remain informed about the current rates for the
transportation services. Additional charges may also apply, for
instance if you, or any passenger, soils, contaminates, or damages a
vehicle, in which case you may be charged for such damage, as well
as for a cleaning fee as more particularly set out in the Community
Guidelines.

4. Our accepted payment methods are set out on our App. When you
make a Booking request, UVA UK may need to verify your payment
method by issuing a temporary authorisation hold from your
bank. When UVA UK has completed the UVA Transportation
Services, if you think a payment is incorrect, please contact us
promptly to let us know.

5. UVA and its affiliates may make changes to its UVA Transport
Services at any time, including to reflect changes in relevant laws
and regulatory requirements.

6. UVA UK also provides to you certain booking services which include:

i. Accepting Bookings requested by you (which include
Bookings requested in advance by you using the “scheduled
ride” function in the UVA app) in accordance with subparagraph 3.4 above, but without prejudice to UVA UK’s rights
at its sole and absolute discretion to decline any such request
and/or cancel an accepted Booking;

ii. Keeping records of Bookings;

iii. Remotely monitoring transportation services booked using
the UVA app;

7. Please note, however, that all private hire vehicles are required by
law to hold and maintain PHV insurance in order for drivers to
legally carry and transport passengers. If your problem relates to a
motor incident, please contact us for your driver’s insurance details
in order to progress matters. We will not be liable for any matters
covered by your driver’s PHV insurance unless and until you have
exhausted all potential remedies related to motor accidents.
8. UVA, and its affiliate entities, are not liable for business losses. UVA
Transportation Services are provided only for private use. If you use
UVA Transportation Services for any commercial or business
purpose UVA will have no liability to you for any loss of profit, loss of
business, loss of revenue, business interruption, or loss of business
opportunity (whether or not such loss could be reasonably expected
to flow from our negligence or breach of these Terms).

9. UVA UK does not exclude or limit its liability in any way 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, workers, agents or subcontractors; for fraud or
fraudulent misrepresentation and for breach of your legal rights in
relation to the UVA Transportation Services.