PARAGRAPH 1. DEFINITIONS.
“Booking Services” shall mean the services as described in paragraph 3 of Schedule One, which shall be provided to you by VELUBA acting as the agent of the VELUBA Operator Transportation Provider.
“First Ride Free” shall mean the introductory promotion extending to the first 1,000 people to accept the VELUBA “Terms and Conditions”, download and commence using the APP. The first ride free is up to a maximum value of £5.
“OPERATOR” shall mean the Entity with an agreement from Veluba Limited to operate as a “VELUBA” operator in Greater London.
“VOTP” shall mean VELUBA Operator Transportation Provider, the provider to you of transportation services, including the drivers to carry out bookings.
“Veluba Limited” is a private limited liability company incorporated and registered in England and Wales with company number 10853670, whose registered office is at KAD House Portsmouth Road, Esher, Surrey, KT10 9AD that trades as VELUBA.
“Passenger Fare” means the fare charged to a single passenger for taking a journey in a VELUBA. Other passengers accompanying this fare paying passenger travel free as their guest on the journey.
“VELUBAApp” shall mean the software application and related services provided by VELUBA to you pursuant to terms and conditions set forth in Schedule Two.
“VELUBA” is the trading entity of Veluba Limited.
“VO” shall mean VELUBA Operator.
“Website” shall mean www.veluba.com.
PARAGRAPH 2. ACCEPTANCE OF BOOKINGS BY A VELUBA OPERATOR TRANSPORTATION PROVIDER.
Each VOTP accepts Bookings from registered APP users for transportation services. Such acceptance by a VO as the Transportation Provider gives rise to a contract for the provision to you of transportation services between you and the VOTP (the “Transportation Contract”). For the avoidance of doubt: VELUBA does not provide transportation services, and is not a transportation provider. VELUBA acts as an intermediary between you and the “VOTP”. You acknowledge and agree that the provision to you of transportation services by the “VOTP” is pursuant to the transportation contract and that VELUBA accepts your booking as agent for the “VOTP”, but is not a party to that contract.
PARAGRAPH 3. THE PROVISION OF BOOKING SERVICES BY VELUBA.
VELUBA provides certain services through the VELUBA App installed on your GPS-enabled smartphone (the “Booking Services”). The Booking Services include:
- The acceptance of Bookings (which include bookings requested in advance by you using the “scheduled ride” function in the VELUBA APP) in accordance with paragraph 2 above, but without prejudice to VELUBA rights at its sole and absolute discretion to decline any booking you seek to make.
- Allocating each accepted booking to a “VOTP” via such means as VELUBA may choose.
- Keeping a record of each accepted booking.
- Remotely monitoring the performance of the booking by the “VOTP”.
- Receipt of and dealing with feedback, questions and complaints relating to bookings, which may be made by the APP or email to: email@example.com. You are encouraged to provide your feedback if any of the transportation services provided by the “VOTP” do not meet your expectations.
- Managing any lost property queries relating to bookings.
PARAGRAPH 4. PAYMENT.
Booking services are provided by a VO to you free of charge. The rates that apply for the transportation services provided by a “VOTP” can be found on the website and through the VELUBA APP. 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.
PARAGRAPH 5. LIMITATION OF LIABILITY.
A VO will not be liable to you in respect of any acts or omissions of its employees 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 Terms and Conditions will limit or exclude a VO’s liability to you for personal injury or death caused directly by a VO’s negligence.
PARAGRAPH 6. APPLICABLE LAW.
The Booking Services and the Booking Service Terms set out in this Schedule One, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
These terms apply to your visit to and your use of the VELUBA website and the VELUBA APP as well as to all other information, recommendations and/or services provided to you on or through the VELUBA website and the VELUBA APP, but for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Schedule One above. However, defined terms used in this Schedule Two shall have the meaning given in Schedule One unless otherwise specified.
PARAGRAPH 2.1. CONTRACTURAL RELATIONSHIP
These Terms in Schedule Two govern the access or use by you of the VELUBA APP and the VELUBA website, content, and services. In relation to bookings, the Services enable you to access the Booking Services provided by VELUBA described in Schedule One above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Schedule One above.
YOU MUST HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS CAREFULLY BEFORE BEING ABLE TO ACCESS THE APP OR USE THE SERVICES.
Your agreement to be bound by these Terms, establishes a contractual relationship between you and a “VOTP”. If you do not agree to these Terms, you may not access or use the Services. VELUBA may terminate these Terms or any Services with respect to you, generally cease offering, deny access to the Services or any portion thereof, at any time for any reason. VELUBA will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, VELUBA reserves the right to terminate these terms or any Services with respect to you, generally cease offering, deny access to the Services or any portion thereof, immediately at any time without notice if you are in breach of these Terms, if it is impractical to give such notice in the circumstances, or in VELUBA’s® opinion, any delay in such termination would expose a “VOTP” or a third party to significant risk of exposure to harm or damage.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. These must also be read, understood and agreed to by you at the time.
VELUBA may amend the Terms related to the Services from time to time. Amendments will be effective upon VELUBA posting and notifying you of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. You must read, understand and give your consent to be bound by the Terms, as amended.
PARAGRAPH 2.2. THE SERVICES
The Services constitute a technology platform that enables users of VELUBA mobile applications or website provided as part of the services to pre-book and schedule transportation from VO’s being providers of such transportation services. The Services are made available solely for your personal, non-commercial use.
You acknowledge that VELUBA does not provide transportation services, function as a transportation provider or carrier and that all such transportation services are provided by independent VELUBA Operator’s who are not employed by VELUBA.
Subject to your compliance with these Terms, VELUBA grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable licence to: access and use of the Applications on your personal device solely in connection with your use of the services; access and use of any content, information and related materials that may be made available through the services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by VELUBA and “VOTP’s”.
You may not: remove any copyright, trademark or other proprietary notices from any portion of the services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by VELUBA; decompile, reverse engineer or disassemble the services except as may be permitted by applicable law; link to, mirror or frame any portion of the services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, otherwise data mining any portion of the Services, unduly burdening, hindering the operation and/or functionality of any aspect of the Services; attempt to gain unauthorized access to, impair any aspect of the Services, its related systems or networks.
Third Party Services and Content.
The services and all rights therein are and shall remain VELUBA property or the property of a “VOTP”. Neither these Terms nor your use of the services convey or grant to you any rights: in or related to the services except for the limited licence granted above; to use or reference in any manner VELUBA company names, VELUBA logos, VELUBA product and VELUBA service names, VELUBA trademarks or VELUBA services marks or those of a “VOTP”.
PARAGRAPH 2.3. YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user services account. You must be at least 18 years of age, to obtain an account. Account registration requires you to submit to VELUBA certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services, or VELUBA termination of this agreement with you. You are responsible for all activity that occurs within your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by VELUBA in writing, you may only possess one account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive transportation services unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the services, and you may only use the services for lawful purposes (e.g. no transport of unlawful or hazardous materials). You will not, in your use of the services, cause nuisance, annoyance, inconvenience, or property damage, whether to the “VOTP” or any other party. In certain instances you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity.
By creating an account, you agree that the services may send you text (SMS) messages as part of the normal business operation of your use of the services. You may opt-out of receiving text (SMS) messages from VELUBA at any time by following the directions found on the website or APP. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the services.
VELUBA may, in it’s sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the services and/or a “VOTP” services, subject to any additional terms that VELUBA establishes on a per promotional code basis. You agree that Promo Codes: must be used for the intended audience and purpose, in a lawful manner; may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by VELUBA; may be disabled by VELUBA at any time for any reason without liability to VELUBA; may only be used pursuant to the specific terms that VELUBA establishes for such Promo Code; are not valid for cash; and may expire prior to your use. VELUBA reserves the right to withhold, deduct credits, other features or benefits obtained through the use of Promo Codes by you or any other user in the event that VELUBA determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
VELUBA may, at its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to VELUBA through the services textual, audio, and/or visual content and information, including commentary / feedback related to the services, initiation of support requests, and submission of entries for competitions and promotions. Any User Content provided by you remains your property. However, by providing User Content to VELUBA, you grant VELUBA a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised (including in connection with the services and VELUBA business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: you either are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant VELUBA the license to the user content as set forth above; neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor VELUBA use of the user content as permitted herein will infringe, misappropriate, violate a third party’s intellectual property, proprietary rights, rights of publicity, privacy, or result in the violation of any applicable law or regulation.
You agree to not provide user content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by VELUBA in its sole discretion, whether or not such material may be protected by law. VELUBA may, but shall not be obligated to, review, monitor, or remove user content, at VELUBA sole discretion and at any time and for any reason, without notice to you. For further information please go to :- www.veluba.com and look at the Company User Generated Content Policy.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the services. Your mobile network’s data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services, Applications and any updates thereto. VELUBA does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
PARAGRAPH 2.4. PAYMENT
You understand that use of the services may result in charges to you for the services from a “VOTP”. After you have received services through your use of the services, VELUBA will facilitate your payment of the applicable charges on behalf of the “VOTP” as disclosed payment collection agent for the “VOTP”. Payment of the charges in such manner shall be considered the same as payment made directly by you to the “VOTP”. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by VELUBA. You retain the right to request lower charges from a “VOTP” for services received by you from such “VOTP” at the time you receive such services. VELUBA will respond accordingly to any request from a “VOTP” to modify the Charges for a particular service.
All Charges are due immediately and payment will be facilitated as soon as practicable by VELUBA using the preferred payment method designated in your account, after which VELUBA 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 VELUBA may, as the “VOTP’s” disclosed payment collection agent, use a secondary payment method in your account, if available.
As between you and VELUBA, it reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the services at any time at VELUBA sole discretion. Further, you acknowledge and agree that charges applicable in certain geographical areas may increase substantially during times of high demand. VELUBA will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your account regardless of your awareness of such charges or the amounts thereof. VELUBA may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the services or the charges applied to you. You may elect to cancel your request for services from a “VOTP” at any time prior to such “VOTP’s” arrival, in which case you will be charged a cancellation fee.
This payment structure is intended to fully compensate the “VOTP” for the services provided. With respect to transportation services requested through the Application, VELUBA does not designate any portion of your payment as a tip or gratuity to the “VOTP” unless you have specifically chosen to do this via the APP. Any representation by VELUBA (on Veluba’s website, in the Application, or in Veluba’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that VELUBA provides any additional amounts, beyond those described above, to the “VOTP”. You understand and agree that, while you are free to provide additional payment as a gratuity to any “VOTP” driver who provides you with services obtained through the service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the service, you will have the opportunity to rate your experience and leave additional feedback about your “VOTP” and driver.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of “VOTP” vehicles and property resulting from use of the services under your account in excess of normal “wear and tear” damages and necessary cleaning. In the event that a “VOTP” reports the need for repair or cleaning, and such repair or cleaning request is verified by a “VOTP” in the “VOTP’s” reasonable discretion, reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the “VOTP” using your payment method designated in your Account. Such amounts will be transferred by VELUBA to the applicable “VOTP” and are non-refundable.
PARAGRAPH 2.5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
The services are provided “As Is” and “As Available”. VELUBA disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, VELUBA makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error free. VELUBA does not guarantee the quality, suitability, safety or ability of “VOTP’s”. You agree that the entire risk arising out of your use of the services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under UK law.
LIMITATION OF LIABILITY.
VELUBA shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if VELUBA has been advised of the possibility of such damages. VELUBA shall not be liable for any damages, liability or losses arising out of:- your use of, reliance on the services, your inability to access or use the services; any transaction or relationship between you and any “VOTP”, even if VELUBA has been advised of the possibility of such damages. VELUBA shall not be liable for delay or failure in performance resulting from causes beyond VELUBA reasonable control. In no event shall VELUBA total liability to you in connection with the services for all damages, losses and causes of action exceed one hundred pounds (£100)
VELUBA services as provided on the VELUBA website and APP may be used by you to request and schedule transportation services with “VOTP’s”, but you agree that VELUBA has no responsibility or liability to you related to any transportation services provided to you by “VOTP’s” other than as expressly set forth in these terms.
The limitations and disclaimer in this PARAGRAPH 2.5 does not purport to limit liability or alter your rights as a consumer that cannot be excluded under the law.
You agree to indemnify and hold VELUBA, its officers, directors, employees and Operator’s harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: your use of the services or services obtained through your use of the services; your breach or violation of any of these Terms; VELUBA use of your user content; or your violation of the rights of any third party, including “VOTP’s”.
PARAGRAPH 2.6. GOVERNING LAW; ARBITRATION.
Except as otherwise set forth in this Agreement, the Terms contained in SCHEDULE TWO of this Agreement shall be exclusively governed by and construed in accordance with the laws of The United Kingdom, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be The United Kingdom, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1). The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
PARAGRAPH 2.7. OTHER PROVISIONS.
VELUBA may give notice by means of a general notice on the services, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account. You may give notice to VELUBA by written communication to:
KAD House, Portsmouth Road, Esher, Surrey KT10 9AD
You may not assign or transfer these terms in whole or in part without VELUBA prior written approval. You give your approval to VELUBA for it to assign or transfer these terms in whole or in part, including to: a subsidiary or affiliate; an acquirer of VELUBA equity, business or assets; or a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, VELUBA or any “VOTP” as a result of the contract between you and VELUBA or use of the services.
If any provision of these terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these terms. These terms constitute the entire agreement and understanding of the parties with respect to its subject matter, replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these terms, the words “including” and “include” mean “including, but not limited to.”