Consumer App Terms & Conditions

1.DEFINITIONS

Account means a user service account created on the App, that enables you to use the Services and place Bookings.

Agreement means the contract between you and us for the provision of Services, made on and subject to these Conditions.

App means the software application and related services provided by us to you pursuant to these Conditions and the EULA.

Booking means a request made by you (using our App), for the Services.

Conditions means the terms and conditions of service set out in this document.

Data Protection Legislation the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.

Driver a person working on behalf us, that drives a private hire vehicle.

EULA means the end user licence agreement available here.

PHV Regulations means all and any government laws, legislation, codes, and regulations applicable to the operation and use of a private hire vehicle.

Services means the e-Hailing services provided by us to you, once you have made a booking.

UK Data Protection Legislation all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

We/us/our means UVA-UK LTD, registered in England and Wales with company number 12223513.

You/your means the person placing the Booking via the App.

2.Account and Services

The Services constitute a technology platform that enables you to pre-book and schedule transportation services with Drivers from the UVA network.
In order to use most aspects of the Services, you must register for and maintain an active Account.
To create an Account you must be at least 18 years of age and hold a valid email address.
Accounts must be created using the App and during the Account registration process, you will be required to provide us with certain personal information, such as your name, address, mobile phone number and age, together with at least one valid payment method (e.g. credit or debit card).You will also need to create a username and set up a password to access your Account.
Once you have provided the information specified in clause 2.4 above and as otherwise required during the Account registration process, you will receive an email confirming whether we have accepted your request to create an Account. Until you receive this confirmation email from us, your Account is not active.
By creating an Account, you agree to comply with these Conditions and further, to maintain complete, accurate and up-to-date information in your Account. Your failure to maintain such information or having an invalid or expired payment method on record, may result in your inability to access and use the Services and/or our termination of this Agreement.
You are fully and solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless we otherwise agree in writing, you can only have one Account registered under your name, at any one time.

3.Our agreement with you

Your access and use of the Services constitute your agreement to be bound by these Conditions, which establishes a contractual relationship between you and us.
If you do not agree to these Conditions, you must not access or use the Services.
We may terminate our Agreement with you or any part of the Services, or generally cease to offer or deny access to the Services (or any part of them), without reason. In such circumstances we will endeavour to provide you with reasonable notice of our intention to terminate the Agreement or cease to provide any part of the Services.
We may terminate the Agreement or cease to supply the Services (or any part of them) to you, immediately at any time without notice, if you breach these Conditions or any documents referred to in them or otherwise are disrespectful to any Drivers within the UVA network.
We may amend these Conditions and/or the scope of the Services from time to time. Any amendments will be effective from the date on which we post the updated Conditions on the App. Your continued use of the Services and/or access to the App shall constitute your consent to be bound by the updated Conditions.

4.Bookings

To make a Booking via the App, you would need to use a GPS-enabled smartphone. This is because Drivers in the UVA Network will need to know your location in order to be able to pick you up from there and drop you off to your required destination.
Please note that that we reserve the right at our sole and absolute discretion to decline any Bookings you make. In some circumstances, the UVA Network can also choose to decline a Booking.
Once a Booking is accepted by us, a Driver from the UVA Network will be allocated to that Booking. All of the Drivers within the UVA Network hold the relevant licences and consents as required by the PHV Regulations.
You will be able to locate your Driver, using the App, once a Booking has been accepted by us.
Please note that where you make a Booking for a particular time, we cannot, under any circumstance, guarantee that a Driver will reach you by that time. This is because the performance of our Services are dependent on the traffic and weather conditions on the day and time on which you require the Services.
When making a Booking you must inform us at the time of placing the Booking whether you require a vehicle that has capacity to sear more than 4 passengers. If you fail to do this, we cannot guarantee that the Driver allocated to your Booking will be driving a vehicle that can seat more than 4 passengers.
When travelling in a Driver’s vehicles from the UVA Network, you agree:
not to conduct any illegal activity or transport or attempt to transport any unlawful or hazardous materials or to allow any other riders travelling with you to do the same;
not to cause any nuisance, annoyance or inconvenience to the Driver or any property damage to the vehicle or to allow any other riders travelling with you to do the same; or
not to smoke or drink alcohol or take any other illegal substance and/or to allow any other riders travelling with you to do the same.
- If requested by the Driver, you must provide proof of identity to confirm you are the person who has made the Booking. You accept and acknowledge that you may be denied access to or use of the Services if you refuse to provide such proof of identity when requested to do so.
- If you leave any property in the vehicle in which you travelled in, please contact us on [INSERT TELEPHONE NUMBER] and we will use our reasonable endeavours to locate it for you. We cannot guarantee that the property will be located, as sometimes Drivers can proceed to another booking immediately after completing your Booking, and other passengers may pick up any items they find in the vehicle.

5.Price and payment

Use of our App is provided to you free of charge. We do however reserve the right to introduce a fee at any point in the future, subject to providing you with reasonable advance notice. In such circumstances you will have the right to determine whether or not you wish to continue to use the App.
The rates that apply for the Services can be found through the App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates before making a Booking.
Charges are inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined us.
All charges are due immediately and payment will be facilitated as soon as practicable by us using the preferred payment method designated in your Account, after which we will send you a receipt by email.
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your Account, if available.
We reserve the right to establish, remove and/or revise charges for the Services at any time, in our sole discretion.
You accept and acknowledge that charges applicable in certain geographical areas may increase substantially during times of high demand. We will use reasonable efforts to inform you of charges that may apply, but you are responsible for the charges incurred under your Account regardless of your awareness of what those are.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of any vehicle that you travel in under a Booking, in excess of normal “wear and tear” damages and necessary cleaning (Additional Charges).
In the event that a Driver reports the need for Additional Charges, we reserve the right to facilitate payment for Additional Charges using the payment method designated in your Account.

6.Data protection

All and any personal data that we collect about you will be processed and used in accordance with the Data Protection Legislation and the terms of our privacy policy.
Please note that we keep a record of each accepted Booking and we also remotely monitor the performance of Drivers in the UVA Network. For example, we can locate their vehicles and view the direction in which they are heading.
In addition to any personal data you provide when creating an Account or using the Services, we also retain information relating to any feedback that you provide to us and/or Drivers from the UVA Network or any questions or complaints that you have raised.

7.Limitation of liability, disclaimers

To the extent permitted by applicable law, we will not be liable to you in respect of any acts or omissions of our employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Conditions will limit or exclude our liability to you for personal injury or death caused directly by our negligence or any other liability which cannot be limited or excluded under applicable law.
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF SAVINGS, CONTRACTS OR BUSINESS, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES.
Subject to the provisions of 7.1 above, in no event shall our total liability to you in connection with the Services for all damages, losses and causes of action, exceed £500.

8.Other important terms

We may transfer our rights and obligations under these Conditions to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Conditions.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Conditions are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.