APPLICABILITY AND ACCEPTANCE
By applying as “Partner Driver” via driver.wheely.com, by installing the “Driver App” and by using the “Driver Dashboard”, you agree that these Terms and Conditions (hereinafter: “These Terms”) govern your use of the Driver App and the Driver Dashboard, as well as any other agreement between you and Wheely which relates to you offering Passenger Transport services, whether or not by use of subcontractors. Please review These Terms carefully before you accept the applicability thereof.
Wheely: Wheely Technologies Ltd, a UK private limited company with company number 07994380. The company’s registered office is at 50 Skylines Village, Limeharbour, London E14 9TS.
Passenger Transport: Passenger transportation services.
(Wheely) Partner Driver: a natural person or legal entity who/which has been approved by Wheely as a Partner Driver after application via drivers.wheely.com. Wheely Partner Drivers are granted permission to install the “Driver App” and are granted access to the “Driver Dashboard” after creating an account, and will be paid by Wheely directly. Wheely Partner Drivers are entitled to subcontract other drivers to render Passenger Transport Services on their behalf, provided that the services are being rendered with Vehicles of the Wheely Partner Driver in question (accredited by Wheely in advance during the application process). For the purpose of aforementioned subcontracting, Wheely Partner Drivers are entitled to grant other drivers access to the Driver App linked to Partner Driver’s account. Partner Drivers guarantee that all subcontractors they hire will fully comply with These Terms.
Client App: Mobile application software developed and offered by Wheely. Via this Client App, Wheely enables clients (private persons or companies) to book Passenger Transport services performed by (subcontractors of) Partner Drivers.
Driver App: Mobile application software developed and offered by Wheely. Via this Driver App, Wheely enables Partner Drivers (whether or not via subcontractors) to offer Passenger Transport services to private persons of companies, who request such services via the Client App. By providing the Driver App (as well as the Client App) Wheely acts as an intermediary between clients and Wheely Partner Drivers.
Driver Dashboard: Computer software, available online, developed and offered by Wheely. The Driver Dashboard and Driver App are complementary to each other. The Driver Dashboard gives Wheely Partner Drivers ‘real time’ insight in inter alia the number of Passenger Transport Rides performed by (subcontractors of) Partners Drivers via the Driver App, the payments Partner Drivers are entitled to and the number of complaints and claims.
Passenger: natural person being transported by a (subcontractor of) a Wheely Partner Driver because of a booking made by client via the Client App which was subsequently accepted by a (subcontractor of) a Wheely Partner Driver via the Driver App.
The Vehicle: the vehicle with which the Passenger Transport services are being rendered.
Coverage Area: area within which Wheely intermediates between (subcontractors of) Wheely Partner Drivers and clients. Wheely and Partner Driver can make specific agreements about the scope of the Coverage Area within which the Partner Driver will offer Passenger Transport.
QUALITY STANDARDS/ GUARANTEES PARTNER DRIVER
Partner Driver guarantees, also with regard to any subcontractors
- to offer Passenger Transport services within the agreed Coverage Area via the Driver app;
- to ensure the delivery of The Vehicle to the pickup location at the time specified in the booking made via the Client App;
- to ensure Passenger’s safety throughout the entire Passenger Transport ride;
- to be licensed and certified for rendering Passenger Transport services to clients in accordance with all applicable (local) laws and regulations;
- to either own the Vehicle, or to be fully licensed and authorized to exploit the Vehicle for Passenger Transport Services;
- that the Vehicle is licensed and certified in accordance with all applicable (local) (safety) laws and regulations;
- to comply with all applicable (local) (safety) laws and regulations regarding Passenger Transport services;
- 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 (subcontractor) of Partner Driver;
- not to enter into similar agreements with other parties linking clients and Passenger Transport service providers in a manner similar to the intermediation services as offered by Wheely;
- not to be undergoing reorganization, bankruptcy, liquidation or any other proceedings of this kind;
- to handle and resolve client complaints no later than one (1) business day after receipt of the client's claim forwarded by Wheely via the Driver Dashboard, and to compensate Wheely for any costs associated with the client's claim.
- Partner Driver guarantees, also with regard to any subcontractors
CREATING AN ACCOUNT
- Before being able to use the Driver App and Driver Dashboard, Partner Driver must create an account. The account will only be accessible by Partner Driver’s login name and password.
- In order to create an account, Partner Driver must share information such as first name, last name, date of birth – in case Partner Driver is a natural person. In case Partner Driver is a legal entity, information such as company name, date of incorporation, VAT number etc. is required. Further, all Partner Drivers must provide information regarding certificates, licenses and insurance policy numbers as required by local law and regulations.
Wheely may suspend or annul accounts at any time, in particular in case:
- Wheely has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes;
- Driver fails to comply with These Terms or Wheely has reasons to believe that Partner Driver fails to comply with These Terms;
- (any subcontractor of) Partner Driver or the Vehicle is no longer licensed or certified for rendering Passenger Transport services in accordance with all applicable (local) laws and regulations;
- Partner Driver is or will be undergoing reorganization, bankruptcy, liquidation or any other proceedings of this kind;
- Wheely has reasons to believe that (any subcontractor of) Partner Driver does not meet the standards of service required by Wheely, e.g. because of client complaints or low ratings by clients.
CONDITIONS OF USE DRIVER APP AND DRIVER DASHBOARD
(Subcontractors of) Partner Driver will not misuse the Driver App or Driver Dashboard, which
inter alia implies that:
- (subcontractors of) Partner Driver will not (attempt to) get access to the Driver App or Driver Dashboard by means of an account based on a false identity;
- (subcontractors of) Partner Driver will not (attempt to) get access to the Driver App or Driver Dashboard by means of another Driver’s account and/or otherwise try to violate the security systems of the Driver App or Driver Dashboard , nor will Driver allow any third party access to one’s account;
- (subcontractors of) Partner Driver will not, nor allow third parties on their behalf 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.
- Wheely reserves the right to amend or withdraw the Driver App or Driver Dashboard, or charge for the Driver App or Driver Dashboard, at any time and for any reason.
- Partner Driver acknowledges that the terms of agreement with (subcontractor of) Partner Drivers’ respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Driver App. As a result, (subcontractor of) Partner 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 Driver accepts responsibility for any such charges that arise.
- If (subcontractor of) Partner Driver is not the bill payer for the mobile telephone or handheld device being used to access the Driver App, (subcontractor of) Partner Driver will be assumed to have received permission from the bill payer for using the Driver App.
- (Subcontractors of) Partner Driver will not misuse the Driver App or Driver Dashboard, which inter alia implies that:
- (Subcontractor of) Partner Driver is paid by Wheely and not directly by Passenger - After completion of the ride (Passenger has arrived at the agreed place of destination), the fare shall be charged automatically by Wheely, either via the client’s personal credit card or via the client’s business account. Consequently, (subcontractor of) Partner Driver does not receive any payment from Passengers other than tips. Wheely charges the full fare, and will pay Partner Driver 80% of the journey fare within three days after completion of the ride. Via the Driver Dashboard, Partner Driver can get ‘real time’ insight in the payments that Driver is entitled to. Partner Driver is responsible for the payment of any subcontractor(s).
- Compensation for Wheely’s intermediary services - The 20% of the fare that withheld by Wheely is the fee that Partner Driver pays to Wheely as a compensation for Wheely’s intermediary services. This fee does not include any costs incurred by Wheely in connection with the satisfaction of client claims – also see section 3.1 sub (i) and (l).
- Cancellation fee – In case a client cancels a booking less than 30 (thirty) minutes in advance to the agreed pick-up time, or in case the Passenger is not present at the time and location agreed, Wheely will charge the client a cancellation fee including waiting time, which fee will at least amount the minimum fare. Wheely will pay Partner Driver 80% of the applicable cancellation fee within three days after the cancelled ride.
- Insufficient funds on credit card client – In case after the ride it appears that the credit card linked to the client’s personal account does not have sufficient funds to cover the fare, the client is obliged to add credit to his/her card within a week. In case the client fails to comply with this obligation, Partner Driver will be paid 80% of the journey fare by Wheely nevertheless.
Right to withhold payments to Partner Driver in case of (suspicion) of non-compliance or
fraud – In case Wheely has reasons to believe or suspect that Partner Driver is involved in
fraudulent activities, Wheely is entitled to withhold payments to Partner Driver. This inter
alia implies that Wheely is entitled to withhold payments to Partner Driver in case:
- the client denies to have used Partner Driver’s (neither its subcontractor’s) services;
- the client has filed a complaint about (subcontractors of) Partner Driver, e.g. for arriving too late or for not driving safely.
- No minimum income – The amount of payments that Wheely makes to Partner Driver depends on the number of rides that Partner Driver has executed by means of Wheely’s intermediary services. Wheely does not guarantee Partner Driver any minimum income.
- Tax obligations – (Subcontractor of) Partner Driver is fully and exclusively responsible for compliance with all applicable (local) tax laws and obligations.
- Bonuses – Wheely may pay bonuses to Partner Drivers for diligent performances. The rationale and procedure for bonuses are determined by Wheely at its sole discretion.
PASSENGER TRANSPORT RATES
- The rates that are charged to clients who buy Passenger Transport services via the Client app are listed on Wheely’s website – see https://wheely.com/en/cities/
- Wheely is entitled to amend these rates at its sole discretion.
NO AGENCY RELATIONSHIP
- Wheely acts as an intermediary between Partner Driver and clients, meaning that Wheely stimulates the realization of contracts between Partner Drivers and clients.
- Wheely has the right to carry out advertising and promotion activities of its intermediation services at its sole discretion. Wheely wil determine, at its sole discretion, the volume, content and method of its advertising and marketing activities.
- (Subcontractors of) Partner Driver shall provide all necessary assistance to Wheely in the planning and carrying out of advertising and marketing activities, including but not limited to: providing vehicles for the placement of advertising materials (inside the car in the form of separable improvements), distributing promotional materials among Passengers, etc. Unjustified refusal by (subcontractors of) Partner Driver in carrying out promotional activities shall be ground for annulment of Partner Driver’s account – meaning that Partner Driver no longer has access to the Driver App and Driver Dashboard.
- Wheely may, at its sole discretion, develop a system of client incentives, e.g. by introducing discounts on the rates as listed on Wheely’s website, see https://wheely.com/en/cities/. Wheely shall, at its own expense, compensate the difference in price from the rates as listed on its website towards Partner Driver.
DATA PROTECTION AND PRIVACY
- For quality assurance and training purposes, Wheely may record telephone calls between clients and (subcontractors of) Partner Drivers.
INTELLECTUAL PROPERTY RIGHTS, LICENSE
- Wheely/its group of companies is the exclusive owner of all (intellectual property) rights relating to the word/devicemark WHEELY, the design and interface of the website wheely.com as well as the corresponding domain name. Also, all intellectual property rights of any nature vesting in the Driver App and Driver Dashboard together with the underlying software code are exclusively owned by Wheely /its group of companies.
- Wheely hereby grants Partner Driver a worldwide, non-exclusive, non-transferrable royalty-free revocable license to use the Driver App and Driver Dashboard for business purposes in accordance with these Terms.
AVAILABILITY OF DRIVER APP AND DRIVER DASHBOARD, DISCLAIMER OF WARRANTIES
- Wheely will use reasonable efforts to make the Driver App an Driver Dashboard available at all times. However, (subcontractor of) Partner Driver acknowledges the Driver App and Driver 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.
- Wheely, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Driver App or Driver Dashboard, or any difficulty or inability to download or access content or any other communication system failure which may result in the Driver App or Driver Dashboard being unavailable.
- Wheely will not be responsible for any support or maintenance for the Driver App or Driver Dashboard.
- To the maximum extent permitted by law, Wheely hereby disclaims all implied warranties with regard to the Driver App and Driver Dashboard. The (software of the) Driver App and Driver Dashboard are provided "as is" and "as available" without warranty of any kind.
SYSTEM REQUIREMENTS DRIVER APP
- In order to use the Driver App, (subcontractor of) Partner Driver 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 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English.
- The version of the Driver App software may be upgraded from time to time to add support for new functions and services.
LIMITATION OF LIABILITY
- 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 (subcontractors of) Partner Drivers, clients or Passengers.
Neither is Wheely in any event liable for
- any damages resulting from a third party fraudulently making use of Partner Driver’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 (subcontractor of) Partner 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 Driver Dashboard.
- Nothing in These Terms shall exclude or limit Wheely’s liability which cannot be excluded or limited under applicable law.
- For any complaints or questions and/or lost & found items, mail us via firstname.lastname@example.org, or report us via the chat function in the Driver App.
- 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.
- 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.
- Partner Driver shall not have the right to transfer or sell part or all of its rights and obligations hereunder to its affiliates, joint ventures, co-owners, or other legal entities without the prior written consent of Wheely.
Terms & Conditions
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