Terms & Conditions
APPLICABILITY AND ACCEPTANCE
By installing the Wheely Mobile App (“App”), you (“User”) agree to be bound by these Terms and Conditions (“Terms”). These Terms also apply to the supply of all Passenger Transport Services and Errand Services (together the ”Driver Services”) booked via the App. Please review these Terms carefully before you accept the applicability thereof by installing the App or requesting services via the App.
“App” means the Wheely mobile application software developed and offered by Wheely to enable User to book Driver Services in accordance with these Terms.
“Booking Request” means a Passenger Transport Booking Request in the case of Passenger Transport Services and an Errand Booking Request in the case of Errand Services.
“Cancellation Fees” means the cancelation fees set out in clause 7.
“Delivery Drop-Off Time” means in respect of the Errand Services, the time estimated by Driver via the App or directly to User to deliver the Goods.
“Disbursements” means the disbursements set out in clause 7.
“Driver” means a natural person or legal entity providing Passenger Transport Services and Errand Services. All Drivers are licensed and certified in accordance with all applicable (local) laws and regulations and also drive vehicles licensed and certified in accordance with all applicable (local) laws and regulations.
“Drop-Off Location” means location specified by User in the Booking Request: a) where Driver is required drop off a Passenger in the case of a Passenger Transport Services, or b) where Driver is required to deliver Goods in respect of the Errand Services.
“Errand Booking Request” means the User’s request via the App for a Driver to perform the Errand Service, setting out details of the applicable Goods, Recipient, Pick-Up Time, desired Drop-Off Time, Drop-Off Location and other information required by the Driver relating to the requested Errand Service.
“Errand Service” means the purchase or collection of the Goods from a Trader, or the collection of Goods from a User, by the Driver on behalf of the User and the subsequent delivery of such Goods to the Recipient in accordance with an Errand Booking Request. Information on Errand Services will be available on Wheely's website under the section “Cities and Fares” https://wheely.com/en/cities/london. Charges for the provision of Errand Service will be done in accordance to the "Assistant" tariff of Wheely.
“Excluded Goods” the products specified in section 10.
“Goods” means the products collected or purchased and delivered by a Driver via the Errand Service.
“Passenger” means the natural person (who may be the User or another individual) who is the subject of the Passenger Transport Service.
“Passenger Transport Booking Request” means the User’s request via the App for a Driver to perform the Passenger Transport Service, setting out details of the desired Pick-Up Time, Pick-Up Location, Drop-Off Location and any other information required by the Driver relating to the requested Passenger Transport Service.
“Passenger Transport Service” means the private hire transportation of a Passenger from one location to another by a Driver in accordance with a Passenger Transport Booking Request and these Terms.
“Pick-Up Location” means location specified by User in the Booking Request where Driver is required to: a) pick up a Passenger in the case of a Passenger Transport Services, or b) pick up or purchase Goods in respect of the Errand Services.
“Pick-Up Time” means time specified by User, and confirmed by Driver, to collect: a) a Passenger in respect of the Passenger Transport Services, or b) Goods in respect of the Errand Services.
“PHO” means Wheely London Ltd., a private limited company incorporated and registered in England and Wales with company number 08327247 whose registered office is at The Monastery Barn, Syon Park, London Road, Brentford, United Kingdom, TW8 8JF.
“Recipient” means in respect of the Errand Services the natural person (who may be the User or another individual) to whom Goods are to be delivered.
“Trader” means in respect of the Errand Services, the entity from whom the Driver is required to collect or purchase Goods.
“Transaction Fees” means the transaction fees set out in clause 7.
“Transport Charges” means the transport charges specified in clause 7.
“User” means private person or legal person (company) making use of the App.
“Wheely” means Wheely Technologies Ltd., a private limited company incorporated and registered in England and Wales with company number 07994380 whose registered office is at The Monastery Barn, Syon Park, London Road, Brentford, United Kingdom, TW8 8JF.
CREATING AN ACCOUNT
- Before being able to place a Booking Request via the App, User must either create a personal account or a corporate account via the App. Personal accounts are solely meant for private, non-commercial use. Corporate accounts are meant for commercial use within the business sector, whereby certain benefits apply.
- In order to create a personal account, User shares his/her first name, last name, email address, telephone number and credit card data. User guarantees that all data provided are true, correct and up to date. It is not possible to link a credit card to a personal account which is not registered in User’s name.
- In order to create a corporate account, User shares his/her first name, last name, email address, telephone number, company name, company registered number, company registered address and credit card data. User guarantees that all data provided are true, correct and up to date. It is not possible to link a credit card to a corporate account which is not registered in User’s name.
- Wheely may suspend or terminate personal or business accounts at any time for any reason including without limitation if Wheely has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes.
CONDITIONS OF USE
- User will not resell any Drivers Services offered via the App.
- User will not, nor allow third parties on User’s behalf to (i) make and distribute copies of the App (ii) attempt to copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the App; or (iii) create derivative works of the App of any kind whatsoever.
- Wheely reserves the right to amend or withdraw the App, or charge for the App or service provided to User in accordance with these App Terms, at any time and for any reason.
- User acknowledges that the terms of agreement with User’s respective mobile network provider (‘Mobile Provider’) will continue to apply when using the App. As a result, User may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. User accepts responsibility for any such charges that arise.
- If User is not the bill payer for the mobile telephone or handheld device being used to access the App, User will be assumed to have received permission from the bill payer for using the App.
- User shall ensure that at all time it complies with and shall procure that each Passenger, Trader or Recipient complies with these Terms. Any failure to comply shall result in immediate suspension of the User’s right to access the App and/or Driver Service. Further, to the extent the Driver considers that User, Passenger, Recipient is not in compliance with this Terms, it shall be entitled to cancel the provision of the relevant Driver Services and the provisions of clause 7.3 shall apply.
BOOKING PASSENGER TRANSPORT SERVICES AND ERRAND SERVICES
- Users may request Passenger Transport Services and Errand Services by submitting a Passenger Transport Booking Request or an Errand Booking Request via the App.
- By submitting a Booking Request, User is offering to purchase Passenger Transport Services and/or Errand Services subject to these Terms. This does not mean the Booking Request has been accepted. A contract between the User and the Driver for the purchase of Passenger Transport Services and Errand Services will only be made when PHO accepts a Booking Request on behalf of the Driver in accordance with section 5.3.
- PHO, as the holder of the relevant Private Hire Vehicle operator’s licence, acts as an agent on behalf of the Drivers and is authorised to accept and allocate Booking Requests on their behalf. The User acknowledges and agrees that although the PHO may accept and allocate Booking Requests via the App, the Driver Services are provided by the Driver (and not by PHO or Wheely) and contracts for the Passenger Transport Services and Errand Services are made between the User and the Driver directly. A contract between the User and the Driver will be formed once PHO has allocated the Booking Request to a specific Driver and issued confirmation of the booking to User through the App in accordance with and subject to these Terms.
- Once the contract between the User and the Driver is formed, it may be cancelled by User at any time without reason by notifying the Driver directly or using the App subject to payment of a Cancellation Fees and any applicable Transport Charges and/or Disbursements (and applicable Transaction Fees) in accordance with clause 7.
- The services provided by PHO through the App include: (i) the acceptance of Booking Requests and allocating of each accepted Booking Request to a Driver; (ii) provision of the booking confirmation to a User before their journey start; (iii) keeping a record of each accepted Booking Request and remote monitoring of the performance of the Passenger Transport Services and/or Errand Services by a Driver; and (iv) receipt of and dealing with feedback, questions and complaints relating to the Driver Services, as well managing any lost property queries relating to the Driver Services.
- Access to and use of the App for Driver Services is provided by Wheely to User free of charge although Transaction Fees may be charged in respect of the Errand Services. The Transport Charges for Driver Services provided by the Driver can also be found through the App. These may be modified or updated from time to time. It is User’s responsibility to remain informed about the current rates applicable to the services made available through the App.
TERMS SPECIFIC TO ERRAND SERVICES
Appointment of Driver as Agent
- The User appoints the Driver to act as agent on behalf of the User and/or Recipient in the performance of the Errand Services.
- When purchasing or collecting Goods from a Trader, the Driver shall use reasonable efforts to disclose to the Trader that it is acting as agent on behalf of the User in relation to the transaction. The User shall where requested by Driver provide such co-operation and assistance to Driver in respect of any verification process the Trader may require regarding the Driver’s authority to act on behalf of the User and/or Recipient. This may include requiring the User to notify the Trader in advance of the Driver’s arrival of such authority to act on the User or Recipient’s behalf.
- To the extent, the Errand Services require the Driver to enter into a contract with a Trader for the purchase of Goods or for services in relation to Goods owned by the User and/or Recipient, the contract for the purchase shall be made between the Trader and the User and/or Recipient and the User and/or Recipient hereby authorises the Driver to enter into such contracts on the User and/or Recipient’s behalf. Where Trader is not prepared to accept the Driver’s authority, the Driver may cancel the Booking Request and charge a Cancellation Fee (and recover any Disbursements incurred (e.g. parking tickets) and applicable Transaction Fee) in accordance with clause 7. Driver shall have no liability to User (or Recipient) to the extent a Trader is not prepared to accept the Driver’s authority. Booking request
- The Driver shall carry out the Errand Services in accordance with the instructions set out in the Errand Booking Request. It is the sole responsibility of the User to ensure that all information relevant to the request is provided at the time of submitting the Errand Booking Request. In particular, the User must provide all relevant information in relation to any Goods to be purchased, including the product type, brand, size, colour, quantity and any other product characteristics. If any details are unclear or missing, the Driver may, but shall have no obligation to, contact the User to clarify any details and/or exercise his/her reasonable judgement in respect of the User’s requirements. Where an Errand Booking Request is unclear and/or missing detail and Driver attempts to contact User and/or Recipient for clarification and does not obtain a satisfactory response after two attempts, PHO may cancel the Booking Request and charge a Cancellation Fee (and request reimbursement of any Disbursements incurred) in accordance with clause 7. Where Driver collects or purchases incorrect Goods due to a request being unclear or missing detail, Driver shall have no liability to User and shall be entitled to charge all Transport Charges and Disbursements incurred (and applicable Transaction Fees) provided it can demonstrate that it exercised reasonable judgement when deciding what Goods to collect and/or purchase on behalf of User and/or Recipient.
- No Errand Booking Request shall be accepted if it requires the Driver to collect and/or purchase Excluded Goods (see clause 10). If an Errand Booking Request includes any Excluded Goods, the entire Errand Booking Request shall be rejected by PHO and/or Driver. Collecting and/or purchasing Goods
- The Driver shall collect the Goods from the Pick-Up Location. Where the Booking Request requires the Driver to purchase Goods, the Driver shall have no obligation to purchase Goods from a particular Trader unless specified otherwise in the Errand Booking Request. Further where the Booking Request requires the Driver to collect and/or purchase a Good from a particular Trader and on arrival at the Pick-Up location, the Trader is not open for business, the Driver may cancel the Booking Request and charge a Cancellation Fee (and request reimbursement of any Disbursements incurred and applicable Transaction Fee) in accordance with clause 7.
- To the extent, the Driver is required to pick up Goods from a particular Pick-Up Location that in the Driver’s reasonable opinion causes a risk to the health or safely of the Driver, the Driver may cancel the Booking Request and charge a Cancellation Fee in accordance with clause 7.
- If Goods are to be collected from the User, the User must be available at the Pick-Up Location at the Pick-Up Time to allow collection of the Goods by the Driver. If the User is not available at the Pick-Up location within 20 minutes of the Driver’s arrival, Driver may cancel the Booking Request and charge a Cancellation Fee in accordance with clause 7 provided that Driver does not arrive before the estimated Pick-Up Time. If the Driver does not arrive to the Pick-Up Location, within 5 minutes of the estimated Pick-Up Time, User may cancel the Booking Request without liability. Delivering Goods
- Driver shall deliver the Goods to the Drop-Off Location. Prior to delivery, the Driver and the User may agree an alternative delivery location. In this case, the total price will be recalculated in accordance with the set rate for the Driver Services applicable to the new Drop-Off Location.
- The Recipient must be available at the Drop-Off Location at least at the estimated Delivery Drop-Off Time to take delivery of the Goods.
- If the Driver is unable to deliver the Goods to the Recipient at the Drop-Off Location due to the unavailability of the Recipient and/or access to the Drop-Off location in the Driver’s reasonable opinion is likely to cause a risk to the health or safety of the Driver, the Driver will treat the situation in accordance with Wheely’s Lost and Found Policy where the Driver delivers the Goods to Wheely’s office and the User is later contacted to arrange a convenient Drop-Off Location and time.
- Where Driver is unable to deliver the Goods due to the unavailability of the Recipient, it shall try at least twice to contact the Recipient prior to exercising its discretion.
- If the Goods include alcohol, tobacco or nicotine products (“Age-Restricted Products”), the Driver has an obligation to ensure that the Recipient is at least 18 years of age. If requested by the Driver, the Recipient must provide a passport or valid driving licence to enable the Driver to verify the age of the Recipient. If the Driver is unable to verify the age of the Recipient, or the Driver has reason to believe that the Recipient is already intoxicated at the time of delivery, the Driver shall not deliver the Goods to the Recipient. In these circumstances, the User shall be charged the full amount of the fees and disbursements for the Errand Services in accordance with clause 7. Part cancellation for multiple Pick-Ups
- Where the Driver agrees to carry out more than one pick up for a particular journey and the Driver has the right to cancel for one of the circumstances set out above, unless otherwise agreed with the User, the Driver may only cancel that part of the Booking Request in respect of which the right to cancel has arisen (e.g. in respect of the collection or purchase of Goods from unsafe Pick-Up Location and/or Trader) and shall fulfil the rest of the Booking Request. In such an event the Driver shall not charge a Cancellation Fee but shall be entitled to recover the Transport Charges for the journey to and from the unsafe Pick-Up Location and/or Trader in accordance with clause 7. Availability of User and/or Recipient
- The User and the Recipient must be available to receive calls at the phone number submitted through the App from the moment of submitting the Errand Booking Request on the App until delivery of Goods to the Recipient. If the Recipient is any person other than the User, the User confirms that the User has obtained the consent of the Recipient to provide a contact telephone number(s) and/or other contact details in the Errand Booking Request and for the Driver to contact the Recipient in connection with the performance of the Errand Services. Consumer Rights
- Consumers have legal rights in relation to goods that are faulty or not as described and services that are not performed with reasonable care and skill. Advice about the legal rights of consumers is available from the Citizens' Advice Bureau (www.citizensadvice.org.uk) or Trading Standards (www.gov.uk/find-local-trading-standards-office). Nothing in these Terms in any way affects the legal rights of consumers. However, the User acknowledges and accepts that where the Driver makes a purchase from a Trader on behalf of the User, and the User later wishes to exercise any consumer rights he or she may have against the Trader, the Trader may refuse to acknowledge the User’s consumer rights under the contract in circumstances where the User cannot prove that he or she has a contract with the Trader for the relevant purchase. Neither PHO/Wheely nor the Driver shall have any responsibility to the User in these circumstances and shall have no obligation to enter into any correspondence or negotiations with the relevant Trader. Complaints
- If the User has any complaints regarding the Errand Services including delivery of the Goods, the User is encouraged to inform Wheely thereof through the App as soon as possible, but no later than within 24 hours of the specific delivery. Wheely may request a photograph of the Goods or other evidence or explanation of the circumstances related to the complaint.
- Although Wheely is neither the manufacturer or seller of the Goods nor does Wheely supervise, direct or control the manner in which the delivery of Goods is carried out by the Driver, Wheely will try to facilitate an amicable solution and may provide a refund or account credit in respect of the affected items if Wheely has reasonable cause to believe that the complaint is justified.
- Transport fees — Wheely, acting as an intermediary between Driver and User, shall be entitled to charge User the agreed transport fees for the provision of Driver Services calculated in accordance with its set rate for the Driver Services (“Transport Charges").
- Disbursements & Transaction Fees — Where the Driver incurs additional charges to provide the Errand Services (“Disbursements”), Driver shall be entitled to recover those Disbursement from the User by uploading appropriate evidence of the Disbursement to the App. On receipt of such evidence Wheely, acting on behalf of the Driver, shall be entitled to recharge the User. Wheely shall in turn reimburse the Driver for such Disbursements. In addition, Wheely may, acting on behalf of the Driver, also charge the User a Transaction Fee equal to 3% of the aggregate value of the Goods purchased (“Transaction Fees”).
Cancellation Fees — In the case where User cancels a Booking Request 5 minutes after Driver
has been assigned, or the Driver cancels a Booking Request due to:
- the Passenger not being at the agreed Pick-Up Location at the Pick-Up Time;
- any of the reasons set out in clause 6 (except in respect of part cancelation); or
- User being in breach of these Terms, Wheely will charge the User a cancellation fee including waiting time, which fee will at least amount the minimum fare (“Cancellation Fees”). Where PHO cancels a Booking Request as a result of the User’s breach of these Terms or pursuant to its rights in clause 6, the Driver’s right to charge Cancellation Fees shall be in addition to its right to recover any Disbursements incurred and any applicable Transaction Fees (as well as or other costs or losses incurred as a result of the User’s breach of these Terms).
Payment Using Personal Account
- Credit card payments only — Passenger Transport or Errand Services booked via the App can only be paid by credit card. After the ride or upon delivery of the Goods, the set rate shall be charged automatically.
- Timing — Transport Charges, Disbursements, Transaction Fees and Cancelation Fees shall be charged automatically by Wheely, acting as an intermediary between Driver and User once Driver has confirmed that Services have been completed and/or Services have been cancelled using the credit card linked to the personal account.
- Insufficient funds on credit card — In case after the ride it appears that the credit card linked to User’s personal account does not have sufficient funds to cover the fare, User is obliged to add credit to his/her card within a week. Until Wheely has been able to charge the unpaid fare, User’s personal account will be locked. After receipt of the payment your personal account will be unlocked, User will then be free to continue to use the services offered via the App.
- Multiple credit cards — User may link multiple credit cards to a personal account and choose the preferred card when making a Booking Request. In the event that Wheely is unable to charge the preferred card, it will charge any other card linked to User’s personal account.
- Preauthorization — Wheely may pre-authorize User’s credit card to ensure that there are enough funds to pay for the booked ride. Payment Using Corporate Account
- Monthly payment — Users of a corporate account can elect to pay monthly. Wheely will provide a detailed invoice on the first date of each month setting out all Transport Charges, Disbursements, Transaction Fees and Cancellation Fees incurred under that corporate account in the preceding month.
- The User shall pay each invoice to Wheely within 30 days of the date of the invoice unless otherwise agreed in writing with Wheely.
- Wheely reserves the right to immediately suspend User's access to the corporate account and its features in the event of any overdue payment.
- If for any reason any payment is not made when due, Wheely reserves the right to be paid on an indemnity basis any costs Wheely incurs in recovering any money due under any and all unpaid invoices (and the costs of recovering such costs) including Wheely's administrative costs and any associated costs incurred with lawyers or debt collection agencies. Wheely's administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. Promotion rides and rewards
- Wheely may provide new App Users with promotional rides, or reward existing Users for inviting others who make a first journey. Wheely is free to delete promotional rides or rewards from User’s personal and/or corporate account at any time, in particular when Wheely has reasons to believe that User engages in referral fraud by creating duplicate accounts. Payment processors
- In order to charge set rates, Wheely uses services of third party payment processors. Wheely is not responsible or liable for errors by these payment processors. No refunds
- To the fullest extent permitted by law, all payments charged by Wheely are non-refundable
RULES OF CONDUCT FOR PASSENGERS
User guarantees that Passengers will comply with the following rules and guidelines:
- No more than 4 (four) passengers in one vehicle (or 8 (eight) passengers for V-class).
- No smoking.
- No littering, eating or spilling of liquids.
- No distracting the driver from the road.
- No causing hazardous situations.
- User shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver’s vehicles and resulting from the Driver Services in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Driver reports the need for repair or cleaning via submitting to Wheely and to the User a photo or video proof of the damages or soiling, and such request is verified in Wheely’s reasonable discretion, Wheely reserves the right to facilitate payment for such repair or cleaning on behalf of the Driver using User’s payment method designated in User’s account. Such amounts will be transferred by Wheely to the Driver and are non-refundable. User will receive an email with a receipt evidencing that the amount charged is equal to the cost of cleaning or repair.
- User guarantees that Passengers will comply with the following rules and guidelines:
RESTRICTED AND PROHIBITED ITEMS
App may not be used for placing Errand Booking Requests for Good(s) that have not been
approved by Wheely as eligible. “Excluded Good(s)” include:
- any good(s) which are radioactive, toxic, flammable, explosive, noxious or otherwise of an inherently dangerous nature;
- any good(s) that have an intrinsic value of over £300 unless that value has been notified to Wheely, in writing at the time of Errand Booking Request the Driver has agreed to undertake delivery thereof in writing and subject to User having arranged insurance for carriage thereof;
- any good(s), the possession of which is illegal or which it is illegal to export under the laws of England and Wales;
- any good(s) of a perishable nature that may deteriorate in transit unless agreed otherwise in writing by or on our behalf/on behalf of the Driver;
- any good(s) that are fragile and/or that are likely to be damaged in transit unless the precise nature of the good(s) has been notified to Wheely in writing at the time of making the Errand Booking Request and Driver has agreed to undertake delivery thereof in writing and subject to User having arranged insurance for carriage thereof; or
- any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals, glass or part-glass items, marble, ceramics, security safes, pianos, house removals or perishable foodstuffs unless the precise nature of the good(s) has been notified to us, in writing at the time of making the Errand Booking Request and Driver has agreed to undertake delivery thereof in writing and subject to User having arranged insurance for carriage thereof
- App may not be used for placing Errand Booking Requests for Good(s) that have not been approved by Wheely as eligible. “Excluded Good(s)” include:
DATA PROTECTION AND PRIVACY
- For quality assurance and training purposes, Wheely may record telephone calls between Users and Drivers, as well as telephone calls between Users and customer support.
- Wheely does not store credit card data. Wheely holds PCI-DSS certification to ascertain this.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE
- All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the App together with the underlying software code are exclusively owned by Wheely and/or its group of companies.
- Wheely hereby grants User a worldwide, non-exclusive, non-transferable royalty-free revocable licence to use the App for business and personal use in accordance with these App Terms.
AVAILABILITY OF APP, DISCLAIMER OF WARRANTIES
- This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Wheely will use reasonable efforts to make the App available at all times. However, User acknowledges the App is provided over the internet and mobile networks and thus the quality and availability of the App may be affected by factors outside Wheely’s reasonable control.
- Wheely, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
- Wheely will not be responsible for any support or maintenance for the App.
- To the maximum extent permitted by law, Wheely hereby disclaims all implied warranties with regard to the App. The App and software are provided “as is” and “as available” without warranty of any kind.
- Where the Driver is required to collect and/or purchase Goods as part of the Errand Services, the Driver will take steps to ensure the Goods are stored sensibly when in transit and if requested by User in the Booking Request will undertake a cursory inspection of the Goods for obvious damage or default. However, Wheely and/or Driver provide no warranties or guarantees of any kind that Goods will be complete, of satisfactory quality, fit for purpose and/or meet the requirements of the User and/or Recipient. Further Wheely or Driver shall not be liable for any damaged or missing Goods (unless such damage or loss arises as a result of Driver’s negligence or wilful default) in which the User shall deal directly with Driver. Except where User can demonstrate the damage to or loss of Goods is caused by Driver negligence or wilful default, User must seek to recover any loss or damage from the Trader directly.
- In order to use the App, User is required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (’Software Requirements’).
- The Software Requirements are as follows: Apple iOS devices running iOS 11 or higher, and Android OS devices running Android OS 6.0 or higher.
- The version of the App software may be upgraded from time to time to add support for new functions and services.
LIMITATION OF LIABILITY
- User acknowledges and agrees that Wheely and PHO only act as intermediaries, and does not provide the Driver Services itself. Consequently, to the fullest extent permitted by law, Wheely and PHO are in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind suffered or incurred by a user and/or recipient arising out of the actions or inactions of any drivers (including any failure by driver to perform the driver services) and/or traders. If user has any complaints regarding the actions or inactions of any driver(s) and/or trader, user shall consequently handle this with the driver and/or trader directly.
Neither is Wheely or Driver in any event liable for:
- the actions or inactions of other App Users;
- the situation where Users mobile device is stolen and any third party subsequently makes use of User’s personal or corporate 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 User’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App; and
- in respect of the Errand Services, any loss or damage arising from any act or omissions of a Trader and/or receipt and/or subsequent use of the Goods.
- In no event shall Wheely's aggregate liability for any and all claims arising out of the provision of Errand Services (howsoever caused whether by contract, tort (including negligence) breach of statutory duty or otherwise) exceed a) £300 or b) the original value of the affected Goods, whichever is lower.
- Nothing in these Terms shall exclude or limit Wheely’s liability for a) death or personal injury caused by Wheely’s negligence; b) fraud; or c) any other liability which cannot be excluded or limited under applicable law.
- For any complaints or questions regarding lost & found items, please mail us via email@example.com, or report us via the chat function in the App.
- These Terms and all non-contractual obligations arising in any way whatsoever out of or in connection with the Terms are exclusively governed by the laws of England and Wales. Any disputes or claims arising out of or related to these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
- 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.
- Wheely may change the Terms at any time by posting a revised version on its website. Any change shall come into effect and be deemed accepted by the User if the User continues using the App after the revised version is posted.
- If the User has a complaint relating to these Terms, the App or any services available through the App, Wheely will try to resolve the complaint using its internal complaints-handling procedure. Please contact Wheely by email at firstname.lastname@example.org, by telephone on +44 20 3936 9971 or by chat feature within an App.
- If the complaints-handling procedure is exhausted and Wheely has not been able to resolve the complaint, Wheely will provide the name and website address of an alternative dispute resolution (“ADR”) provider that would be competent to deal with the complaint. If the User makes a request for the dispute to be settled by ADR, Wheely will consider whether or not it wishes to participate in ADR but is not obliged by law to participate.
- The User may wish to use the online dispute resolution (“ODR”) platform to resolve the dispute, although Wheely is not obliged by law to participate in the process. The ODR platform was created by the EU Commission as a platform that allows consumers and traders to settle disputes relating to online purchases with the assistance of an impartial dispute resolution body. For more details, please visit the website on the “Your Europe” portal: https://webgate.ec.europa.eu/odr. (Wheely’s email address is email@example.com.)