Legal/For Partners/

Terms & Conditions

These Terms and Conditions (hereinafter these: “Terms”) constitute the full agreement between the Partner (also referred to as “you”) and Wheely in relation to the Partner offering Passenger Transport Services through the Wheely platform. Please review these Terms carefully before you accept them.

“Wheely” means Wheely Technologies Ltd, a UK private limited company with company number 07994380. The company’s registered office is at the Monastery Barn, Syon Park, London Road, Brentford, England, TW8 8JF.

“Partner” (or “you”) means any person who / which has been approved by Wheely as a Partner having applied via https://wheely.com/en/partner and agreed these Terms.

“Client” means any person who books the provision of Passenger Transport through the Client App (whether for themselves or another person).

“Client App” means a mobile application software developed and offered by Wheely which enables Clients to book Passenger Transport and performed by Partners.

“Driver” means an individual (who is a natural person employed by the Partner) who possesses the necessary licence permitting him/her to provide Passenger Transport Services through Wheely, and is able to receive bookings through the Driver App on the Partner’s account.

“Driver App” means mobile application software developed and offered by Wheely, via which Partners and Drivers authorised to use their Wheely account can offer Passenger Transport to private persons or companies, who request such services via the Client App.

“Partner Dashboard” means computer software, available online, developed and offered by Wheely, which complements the Driver App by giving Wheely Partners ‘real-time’ insight into (inter alia) the number of Passenger transport rides being performed by Drivers via the Driver App, the fees Partners are projected to earn from these Passenger transport rides, and aggregated ratings for rides performed by Drivers using the Partner account.

“Group Company” means any company which is a holding company or subsidiary of Wheely, or any other subsidiary of a holding company of Wheely.

“Passenger” means a natural person being transported by a Driver because of a booking made by a Client via the Client App which was subsequently accepted by a Driver via the Driver App.

“Passenger Transport Services” means the service of conveying a Passenger from a departure point to a destination point using the Vehicle.

“User” means private person or legal person (company) making use of the Client App.

“The Vehicle” means the vehicle or vehicles (multiple vehicles may be assigned to a Partner account) with which the Passenger Transport is rendered by a Driver.

1. Wheely is not obliged to offer any work to Partner, and Partner is not obliged to accept any work which may be offered. Partner, or any Driver using the Partner account, may elect to refuse any passenger journey offered to them at their sole discretion, although Partner acknowledges that Wheely may choose to prioritise for offers of work those Partners whose account has a track record of accepting a greater number of offers made when Drivers assigned to their account have opened the Driver App.
2. Wheely may, at its discretion, procure that two types of work are offered through the Driver App: pre-booked journeys (for example, an appointment to collect a Passenger from an hotel at a particular time) and “ASAP” journeys, where a Driver using the Partner’s account may be offered the opportunity to pick up a Passenger from a location proximate to the Vehicle at short notice.
3. While Partner is not under an obligation to perform any work for Wheely, either at all or in any particular amount, insofar as a Driver authorised by Partner to use the Partner account does elect to offer their services and accept work through the Driver App on the Partner’s account, Partner gives the following undertakings:
   • where a Driver has accepted a pre-booked journey, to ensure the delivery of the Vehicle to the pickup location at the time specified in the booking made via the Client App;
   • when providing Passenger Transport Services, to ensure Passenger’s safety throughout the entire journey (ride), and to ensure that any Driver using the Partner’s account has the necessary licenses and authorisations for rendering Passenger Transport Services to Clients in accordance with all applicable (local) laws and regulations;
   • to ensure that the Vehicle is fully licensed and authorised to provide Passenger Transport all in accordance with all applicable local safety laws and regulations;
   • to comply with all applicable local safety laws and regulations regarding Passenger Transport;
   • to have insured the Vehicle, the lives and health of Passengers as well as the carrier liability in accordance with all applicable local laws and regulations;
   • to be fully and exclusively liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of the actions or inactions of of Partner or its employees;
   • not to be undergoing reorganisation, bankruptcy, liquidation or any other proceedings of this kind;
   • to assist in handling and resolving client complaints promptly upon request by Wheely, and to compensate Wheely for any costs associated with the Client’s claim which result from a breach of these Terms by Partner or its employees.
   • to have completed and (if relevant) passed any safeguarding awareness training which may be required in the territory (ies) within which the Partner operates.
4. As a Wheely Partner, you will be a legal entity. Wheely engages Wheely Partners to perform Passenger Transportation and imposes no requirement that this is done personally. Becoming a Wheely Partner gives you permission to install the “Driver App”, and have access to the “Partner Dashboard” for as long as these Terms remain in force. It is up to you to decide who will actually perform any Passenger Transport which you agree to carry out, and the terms on which they are employed by you, but for regulatory and safety reasons, it is a requirement that the Driver you employ must have been appropriately licensed and accredited by Wheely in advance. You may then grant that person access to the Driver App linked to your account using the unique access details provided to you for this purpose by Wheely. Such Driver must be licensed and certified in accordance with all applicable laws and regulations, have the right to work in the the country, and have no criminal record. You must comply with applicable modern slavery and human trafficking laws. You will provide Wheely with such notifications as it may require as to the identity of Drivers performing Passenger Transport Services on your behalf in order to verify that these requirements have been met and provide relevant information and assurances to Passengers and Clients. You will be responsible for ensuring that the person you employ to perform the Passenger Transport Services complies with all the requirements set out in clause 3.3. For the avoidance of doubt, in all cases, the Wheely Partner will be paid by Wheely for the Passenger Transport Services performed, and it shall be for the Wheely Partner to enter into an employment contract with respect to paying the Driver who performed the Services.
5. Partner must not, and must procure that any Driver performing the Passenger Transport Services on Partner’s behalf must not, solicit any Client to provide transportation services directly to that Client in competition with Wheely, either during the period for which these Terms remain in force or for 12 months afterwards in any other territory in which Wheely operates and in which Partner has provided Passenger Transport Services on behalf of Wheely in the final 12 months in which these Terms remain in force. Partner acknowledges that, without prejudice to any other remedies Wheely may have, any breach of this clause may lead to the immediate termination of these Terms by Wheely, and that Wheely may report Partner or any Driver to the relevant authority on suspicion of operating without or in breach of the necessary licenses.

1. Before being able to use the Driver App and Partner Dashboard, Partner must create an account. The account will only be accessible by Partner’s login credentials. The partner can then use the Partner Dashboard to add additional Drivers, upload their documents and register them for accreditation; once this is processed, Wheely will provide such drivers with their own personal login allowing them to use the Driver App through the Partner account.
2. In order to create an account, Partner must provide information as listed on our website https://wheely.com/en/partner Wheely may suspend or cancel accounts at any time, in particular, if:
   • Wheely has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes;
   • Partner fails to comply with these Terms or Wheely has reason to believe that Partner has failed to comply with these Terms;
   • Wheely has reason to believe that Partner has failed to ensure that the Passenger Transport Services are performed using the Vehicle, or by a Driver who is properly authorised, licensed and certified, has the right to work and a clean criminal records check;
   • Partner re-sells Wheely’s any of Wheely’s services;
   • Partner is or will be undergoing reorganisation, bankruptcy, liquidation or any other proceedings of this kind;
   • Wheely has reasons to believe that Partner has failed to meet the standards of service required by Wheely;
   • A Driver App is inactive for 90 days or more, in which event Partner (or relevant Driver authorised under their Partner account) may be required to undergo re-accreditation checks (for the avoidance of doubt, such a suspension does not affect the continuance of These Terms);
   • Such other reasons as Wheely may reasonably determine in its sole discretion.

1. Partner will not, and will procure that any and all Drivers will not, misuse the Driver App or Partner Dashboard, which inter alia implies that:
   • Partner will not, and will procure that any and all Drivers will not, (attempt to) get access to the Driver App or Partner Dashboard by means of an account based on a false identity;
   • Partner will not, and will procure that any and all Drivers will not, (attempt to) get access to the Driver App or Partner Dashboard by means of another Partner’s account and/or otherwise try to violate the security systems of the Driver App or Partner Dashboard, nor allow any unauthorised third-party access to Partner’s account;
   • Partner will not, and will procure that any and all Drivers will not, instruct or allow third parties to make and distribute copies of the Driver App or (attempt to) copy, rent, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Driver App, or create derivative works of the Driver App of any kind whatsoever.
2. Wheely reserves the right to amend or withdraw the Driver App or Partner Dashboard, or charge for the Driver App or Partner Dashboard, at any time and for any reason.
3. Partner acknowledges that the terms of agreement with Driver’s respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Driver App. As a result, Driver may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Driver App or any such third party charges as may arise. Partner accepts that Wheely has no responsibility for any such charges that arise.

1. By providing the Driver App (as well as the Client App) Wheely acts as an intermediary between Clients and Wheely Partners. The Partner authorises Wheely to process all payments in relation to the Passenger Transport and Services, including invoicing on Partner’s behalf, collecting payments from Clients, refunding Passengers/Clients (where appropriate) and remitting payments to the Partner. The Partner agrees and acknowledges that nothing of the above exonerates the Partner from its/his legal responsibilities with respect to the Passenger Transport and Services in accordance with the applicable law.
2. Partner authorises Wheely to prepare invoices on its behalf, addressed to Client, in respect of the provision by Partner of Passenger Transport Services. Wheely is appointed to collect payments on Partner’s behalf, and accordingly Partner is paid by Wheely and not directly by Client / Passenger. After completion of the ride (Passenger has arrived at the agreed place of destination), the relevant fare shall be charged on Partner’s behalf by Wheely, either via the Client’s personal credit card or via the Client’s business account. Neither Partner nor Driver is entitled to receive any payment from Passengers. Following receipt of payment, in respect of Passenger Transport Services Wheely will remit to Partner the relevant fare less the agreed percentage of the journey fare that constitutes compensation for Wheely’s intermediary services (see 6.3 below). I Fees will be remitted within ten days after completion of the ride. Via the Partner Dashboard, Partner can get ‘real-time’ insight on the payments that Partner is entitled to. Partner is responsible for the payment of any Driver employed by Partner to perform the Passenger Transport and Service on its behalf.
3. Compensation for Wheely’s intermediary services — The agreed percentage of the fare that is withheld by Wheely is the fee that Partner pays to Wheely by way of compensation for Wheely’s intermediary services.
4. Cancellation fee — In the event of cancellation of Passenger Transport Services, Wheely will charge the Client a cancellation fee, according to tariff pricing found on https://wheely.com/en/cities/dubai. Wheely will pay Partner an agreed percentage of the applicable cancellation fee within ten days after the cancelled ride.
5. Right to withhold payments to Partner in case of (suspicion) of non-compliance or fraud  — If Wheely has a reason (s) to believe or suspect that Driver has materially failed to comply with its obligations under this Agreement or is involved in fraudulent activities, Wheely is entitled to withhold payments to Driver pending completion of an investigation.
6. No minimum income — The fees that Wheely pays to Partner depend on the number of rides that Partner and Drivers authorised to use Partner’s account execute by using Wheely’s intermediary services. Wheely does not guarantee Partner any, or any minimum, income.
7. Tax obligations — Partner is fully and exclusively responsible for compliance with all applicable (local) tax laws and obligations in relation to the provision of Passenger Transport Services pursuant to these Terms, including in relation to any Driver using Partner’s account or anyone employed by Partner in the provision of Passenger Transport Services. Partner will indemnify and keep Wheely indemnified against any costs (including legal costs), claims, damages, penalties, liabilities, expenses, proceedings or interest Wheely may suffer or incur as a result of Partner’s failure to comply with this obligation

1. The rates that are charged to Clients who purchase Passenger Transport services via the Client App are listed on Wheely’s website — see https://wheely.com/en/cities/dubai.

1. Partner warrants that it is a legal entity in business on its own account. Wheely acts as an intermediary between Partner and Clients, providing a platform through which Partner can enter into contracts for the provision of Passenger Transport Services to Clients.

1. Wheely has the right to carry out advertising and promotion activities of its intermediation services at its sole discretion. Wheely will determine, at its sole discretion, the volume, content and method of its advertising and marketing activities.

1. Any personal data that Partner supplies to Wheely, whether relating to Partner (if a natural person) or any Driver, will be used in accordance with Wheely’s Privacy Policy, see https://wheely.com/en/privacy/.
2. For quality assurance and training purposes, Wheely may record telephone calls between Clients / Passengers and Drivers.
3. Partner agrees to take such steps as are necessary to comply, and to assist Wheely to comply, with all applicable obligations under data privacy legislation including but not limited to the UK Data Protection Act 2018, including ensuring that personal data of Clients and Passengers is only processed in a manner consistent with the legislation, is not used for any unauthorised or unlawful purpose (including any Driver contacting any Client or Passenger for any reason other than the provision of the Passenger Transport Services for Wheely), is stored safely and securely, and is not retained for any longer period than necessary to comply with legal obligations.

1. Wheely / its group of companies is the exclusive owner of all (intellectual property) rights relating to the word/device mark WHEELY, the design and interface of the website https://wheely.com as well as the corresponding domain name. All intellectual property rights of any nature vesting in the Driver App and Partner Dashboard together with the underlying software code are exclusively owned by Wheely / its group of companies.
2. Wheely hereby grants Partner a non-exclusive, non-transferable royalty-free revocable license to use the Driver App and Partner Dashboard for business purposes in accordance with these Terms.

1. Wheely will use reasonable efforts to make the Driver App and Partner Dashboard available at all times (but is under no obligation to do so). However, Partner acknowledges the Driver App and Partner Dashboard are provided over the internet and that thus the quality and availability of the Driver App may be affected by factors outside Wheely’s reasonable control.
2. Wheely, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Driver App or Partner Dashboard, or any difficulty in downloading or accessing content, or any other communication system failure which may result in the Driver App or Partner Dashboard being unavailable.
3. Wheely will not be responsible for any support or maintenance of the Driver App or Partner Dashboard.
4. To the maximum extent permitted by law, Wheely hereby disclaims all implied warranties with regard to the Driver App and Partner Dashboard. The (software of the) Driver App and Partner Dashboard is provided “as is” and “as available” without warranty of any kind.

1. Partner is responsible for providing all necessary tools and equipment to perform the Passenger Transport Services, including in particular the Vehicle, fuel for the Vehicle and a functioning smartphone meeting applicable technical specifications (whether supplied by the Partner or a Driver engaged or employed by Partner). Partner is responsible for the servicing and maintenance of the Vehicle.
2. The version of the Driver App software may be upgraded from time to time by Wheely, at its sole discretion, to add support for new functions and services.

1. Wheely is in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of the actions or inactions of any Drivers, Clients or Passengers.
2. Neither is Wheely in any event liable for:
   • any damages resulting from a third party fraudulently making use of Partner’s account;
   • failure to meet any of Wheely’s obligations under these Terms where such failure is due to events beyond Wheely’s control (for example a network failure);
   • any damage or alteration to Partner or any Driver’s equipment, including but not limited to computer equipment, handheld device or mobile telephones, as a result of the installation or use of the Driver App or Partner Dashboard.
3. Nothing in These Terms shall exclude or limit any liability of Wheely which cannot be excluded or limited under applicable law.

1. This agreement may be terminated at any time immediately upon written notice by one party to the other.

1. For any complaints or questions mail us via support@wheely.com.
2. These Terms shall be governed by and construed in accordance with English law. Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the English courts.
3. If any provision of These Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from These Terms and shall not affect the validity and enforceability of any remaining provisions.
4. Partner shall not have the right to assign this agreement without the prior written consent of Wheely.
5. Wheely may change These Terms at any time by posting a revised version on its website. Any change shall come into effect and be deemed accepted by you if you continue using the Driver App after the revised version is posted.
6. Wheely shall be free to assign, novate or otherwise deal with the whole or any part of its rights or obligations under this Agreement to any Group Company without the prior written consent of the Partner. Any such change shall be implemented in accordance with this clause 16.