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Last Updated 12th, August 2022
These Driver Terms and Conditions (“Agreement”) constitute a legal agreement between you (“Driver” or “You”) and (“Navhoo”), Navhoo Birmingham Limited (NBL), whose registered office is at 305 Keys Court, 82-84 Moseley Street, Birmingham, B12 0RT. (Driver Partner and Company are, together, the “Parties”).
PLEASE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE NAVHOO APPLICATION AND/OR ANY SERVICES PROVIDED BY NAVHOO.
BY ACCESSING OR USING THE NAVHOO APPLICATION AND SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND NAVHOO. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE NAVHOO SERVICES AND/OR THE NAVHOO APPLICATION.
Navhoo may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Navhoo Application and/or Navhoo Services or any portion thereof, at any time for any or no reason whatsoever.
Navhoo may amend and/or change the Terms and Conditions related to the Navhoo Application and/or Services from time to time. Such changes will be effective immediately upon posting of such changed Terms and Conditions at https://navhoo.com/legal/driver-items or in/through the Application and no other notice shall be required. Hereby, you expressly acknowledge and agree that it is your responsibility to regularly review this Agreement, and by continued use of the Navhoo Application and/or Services after any changes are made, you consent to, and acknowledge that you have reviewed and understood such changes.
YOUR CONTINUED ACCESS OR USE OF THE NAVHOO APPLICATION AND/OR THE NAVHOO SERVICES AFTER SUCH POSTING CONSTITUTES YOUR CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS, AS AMENDED.
Navhoo is the developer and provider of a mobile applications and associated software (collectively the “Software” as defined below) and the Navhoo Service (as defined below). The Software enables a person who has downloaded a copy of the App (as defined below) and signed up as a user to request transportation services from Drivers who have executed this Agreement, have downloaded, and are using the Driver App (as defined below).
You are an independent Driver legally authorized to provide transportation services in the authorised operational area(s) and jurisdiction(s) in which you operate. As used herein, “You” and “Driver” shall be bound by the terms of this Agreement. Your purpose of entering into this Agreement is to access and use the Navhoo Service and Software to increase your transportation business, whether as a sole proprietorship, or incorporated entity.
WHEREAS, you acknowledge and agree that Navhoo is a technology company and its licensors provide a digital marketplace, (SaaS) Platform, accessed via the Driver App and Rider App, that allows Navhoo UK to accept requests from riders for rider request and then make these requests available, through the Driver App, to drivers to accept to complete such booking indirectly with the Passengers (together, the "Software Services"). Such Transportation Services provided to Riders by you creates a legal and direct business relationship between you and the Riders, to which the Company is not a party.
In addition to the terms defined elsewhere in this Agreement, the following definitions apply:
Navhoo hereby grants Driver a non-exclusive, non-transferable, terminable at-will license to use the Software and Navhoo Service, subject to the terms and conditions of this Agreement, for the sole purpose of providing and rendering the Driving Service within the City to and for the benefit of the Users. All rights not expressly granted to Driver are reserved by Navhoo and its licensors.
(a) Driver shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Navhoo Service or the Software in any way; (ii) modify or make derivative works based upon the Navhoo Service or the Software; (iii) create Internet “links” to the Navhoo Service or Software or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer, decompile, modify, or disassemble the Software, except as allowed under the applicable law; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Navhoo Service or Software, or (c) copy any ideas, features, functions or graphics of the Navhoo Service or Software; or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any programs, which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Navhoo Service or Software.
(b) Driver shall not use the Software and Navhoo Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Navhoo Service or the data contained therein; (v) attempt to gain unauthorized access to the Software or Navhoo Service or its related systems or networks; (vi) contact any customer or person other than in the ordinary course of performing the Driving Service; or (vii) make any use of the Software and Navhoo Service other than as specifically required or necessary in order to deliver the Driving Service.
2.3 Unavailability.
Driver acknowledges and agrees that the Software or the Navhoo Service may, from time to time, be unavailable (e.g., due to scheduled maintenance or system upgrades) and that Navhoo cannot, and does not, guarantee any specific or minimum availability of the Software or the Navhoo Service.In no event shall Navhoo, its affiliated companies and its licensors be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage) that may result from unavailability of the software or the Navhoo service, which may be incurred by driver, including but not limited to loss, damage or injury arising out of, or in any way connected with the Navhoo service or software, including but not limited to the use or inability to use the Navhoo service or software. Driver’s sole and exclusive remedy and Navhoo’s sole and exclusive liability for any such unavailability shall be for driver to cease use of the software and/or Navhoo service.
2.4 Ownership.
Navhoo (and its Affiliated Companies and licensors, where applicable) shall own and have all rights (including Intellectual Property Rights) in and to the Software, the Navhoo Service, the Driver ID and the Data. Insofar the Driver and/or his/her employees may, by operation of applicable law or otherwise, obtain any rights (including Intellectual Property Rights) in relation thereto, these rights shall be and are hereby transferred (insofar permitted under the applicable law, in advance) to Navhoo. All rights obtained by any of the Driver should be transferred to Navhoo via the Driver. Where a transfer may not be permissible under the applicable law, the Driver hereby undertakes to grant, and to procure from his/her employees such a grant, to Navhoo of a perpetual, exclusive (exclusive also with regard to the Driver), worldwide and transferable right and license under any such non-transferable rights.
2.5 TERM, TERMINATION AND SUSPENSION
(a) This Agreement shall commence on the date this Agreement is accepted, for an indefinite period of time, unless terminated by either party by written notice or through blocking/cancellation of the Driver’s account with Navhoo, whether by Navhoo or by the Driver.
(b) Navhoo may terminate this agreement effective immediately, without any notice requirement, at such moment when the Driver no longer qualifies, under the applicable law or at the discretion of Navhoo, to provide the Driving Service or to operate the Vehicle.
(c) Furthermore, Navhoo reserves the right, at any time and without explanation or notice, to temporarily block the Driver, which shall prevent the Driver from receiving requests.
DRIVER EXPRESSLY WAIVES AND RELEASE NAVHOO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM TERMINATION OR SUSPENSION OF THIS AGREEMENT, OR TEMPORARILY BLOCKING THE DRIVER. IN NO EVENT SHALL NAVHOO, ITS AFFILIATED COMPANIES AND LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT MAY RESULT FROM TERMINATION OR SUSPENSION OF THIS AGREEMENT, OR TEMPORARILY BLOCKING THE DRIVER.
(d) Each party may terminate this Agreement or suspend the Agreement in respect to the other party, with immediate effect and without a notice of default in case of:
(i) A material breach by the other party of any term of the Agreement (including but not limited to breach of representations or receipt of a significant number of User complaints); or
(ii) Insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event against the party).
(e) Upon termination of the Agreement, the Driver shall promptly return all Data provided to him/her by Navhoo without withholding a copy thereof.
(a) Driver shall have the sole responsibility to Users, for any obligations or liabilities that arise from the Driver’s use of the Navhoo Service, the Software, or from Driver’s provision of the Driving Service.(b) By using the Navhoo Service to receive and accept requests for transportation and by providing the Driving Service to the User, the Driver accepts, agrees and acknowledges that a direct legal relationship is created and assumed solely between the Driver and the User. Navhoo shall not be responsible or liable for the actions, omissions and behaviour of the User in or in relation to the activities of the Driver and/or the Vehicle.
(c) Driver acknowledges and agrees that the Driver, is solely responsible for taking such precautions as may be reasonable and proper (including taking out adequate insurance in conformity with standard market practice and in conformance with any applicable regulations or other licensing requirements) regarding any acts or omissions of the User or the Driver. Driver acknowledges and agrees that Navhoo may release the contact or insurance information of the Driver to a User upon User’s request.
(d) Driver represents and undertakes to procure and ensure that Driver shall comply with, adhere to and observe the terms and conditions set forth in this Agreement and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to the Driving Service. To the extent required, the Driver hereby agrees and ensures that the rights, covenants, undertakings, representations and obligations of the Driver as set out in this Agreement.
(e) Within seven business days of receiving their Driver Certificate, a Driver shall disclose to the automobile insurance carrier, whose coverage applies to the vehicle(s) used by the driver to provide services, that the vehicle is used to provide services.
(f) Driver acknowledges that they will only be able to be logged onto the digital network for 12 (twelve) hours out of a 24 (twenty-four) hour period. If a driver tries to exceed this limit they will receive an error message with the amount of time they must wait in order to log onto the digital network.
(g) Driver acknowledges and agrees that he/she) will comply with all applicable laws and regulations (including tax, social security, labor and employment laws) governing or otherwise applicable to his/her relationship with Driver’s employees. (h) Driver acknowledges and agrees that he/she will safeguard, protect and keep the Driver ID at all times confidential and safely stored and shall not disclose it to any person.
(i) Driver undertakes that he/she will safeguard, protect and keep the User Information received from Navhoo and the details of any Ride, at all times confidential and shall not disclose it to any person or store the information in any manner, except as required by law.
(j) Driver shall immediately notify Navhoo of any actual, suspected, or potential security breach or improper use of the Driver App, the Driver ID, the Data or the User Information.
(k) Driver has complete discretion to operate his/her independent businesses in good faith including providing transportation services separate from those obtained using the Driver App. Access to the Driver App may be suspended or revoked, however, if Driver unlawfully, unfairly or in bad faith disparage Navhoo.
(l) Driver shall not require any compensation for damages or losses including but not limited to image losses, loss of revenues or profit occurred due to or in consequence of the suspension or the cancellation of the Navhoo Service to the Driver.
(m) Driver consents and agrees to permit any relevant third party (including insurers, brokers and licensing authorities) to verify, provide and/or disclose details of any insurance policy related to Driver to Navhoo or any of its Affiliates in the area of operations.
(n) Driver has the responsibility to convey the rider from their collection point to their point of destination in a reasonably direct and efficient manner, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);
(o) Driver must be fit and proper at the time of shift hours and must not to be in a state of influence of drug usage or any other medications that may effects his/her ability to do safe journeys, He/she must adhere to no Drugs, Firearms carrying policy, use or encourage violence, racism or discrimination in any form; If any complaint of such nature is reported we take immediate of account suspension, investigation and reporting.
(p) We expect professionalism and will not ignore any complaints that is reported for reckless and dangerous driving, including by operating a vehicle that is unsafe or illegal to drive or allowing a third party to operate the vehicle;
(q) Any journeys resulted in excessive fare calculation due to your choice of route taken and reported as complaint will be investigated.(r) Any misconduct, act of violence, sexual /physical offense, aided or abetted a crime reported due to your involvement and has reasonable grounds to suspect shall be appropriate authorities. You acknowledge that this may include reporting your conduct to the Police, Local licencing authority or any other relevant authority and providing that agency with your details and/or any relevant information we hold about the circumstances at issue. Where the misconduct relates to fraud, including fraudulent documents, Navhoo reserves the right to withhold any payments payable to you as a result of fraudulently performing Journeys.3.1 Carriage of Guide/Service Dogs.
Customer understands and agrees that, pursuant to relevant legislation in the UK, the following applies to Customer’s and each Driver’s provision of Transportation Services:(a) It is an offense to refuse to accept a request for Transportation Services or refuse the carriage of a guide dog or other assistance dog;
(b) Customer and all Drivers must carry a guide dog and/or other assistance dog, they must allow the dog to remain with the User during the journey and they cannot charge an additional fee for the dog;
(c) Customer and all Drivers must accept requests for Transportation Services made by or on behalf of a User who is accompanied by a guide dog or other assistance dog and must do so without additional charge; and
(d) If Customer or any Driver has a valid exemption certificate from their relevant licensing authority on medical grounds, they must carry this exemption certificate with them at all times while providing Transportation Services.
3.2 Corporate Interests and Rider Safety.
(a) When providing Transportation Services to Riders, you agree not to take any actions that could be construed as against the best interests of the Company or the safety of Riders, including, but not limited to: driving in an unsafe manner, operating a vehicle while under the influence of alcohol or drugs, promoting other businesses or transportation services that you are involved in, or harassing or mistreating customers, pedestrians, bicyclists, other motorists or members of the public.
(b) When accepting a rider, it is your duty to confirm OTP code with rider to make sure that you are giving ride to a right rider, we want to create a better experience that is safe for both side.
(c) You are responsible for any delay that may be caused due to your failure to check the Booking Confirmation or contact Navhoo immediately to correct the booking details.
4.1 Driver ID.
Upon the registration, Driver will create and/or Navhoo will issues to the Driver a Driver ID (username and password) to enable him/her to access and use the Driver App in accordance with the terms and conditions of this Agreement. Navhoo will have the right, at all times, whether with or without cause, and at Navhoo's sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Driver from accessing or using the Driver App.
4.2 Driver Vehicle.
The Driver understands that the Driver’s Vehicle shall be properly maintained and kept in acceptable physical condition as determined by Navhoo and applicable laws and regulations. Navhoo will have the right, at all times and at Navhoo's sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Driver from accessing or using the Driver App based on the Vehicle’s legal, physical, or cosmetic condition.
4.3 Information provided to Riders.
(a) Driver acknowledges and agrees that upon a Driver’s acceptance of a ride request in the App, a User will be provided specific information regarding the Driver and the Vehicle in relation to the Driving Service, including but not limited to the Driver’s geo-location and rating, as well as the Vehicle’s model, colour, and photo. Additionally, once the Driver has accepted the User’s request for transportation, the User will be provided with the license number of the Driver’s Vehicle, the Driver’s name and photo.
(b) Once the Driver has accepted a User’s request for transportation, Navhoo will provide the User trip Information to the Driver via the Driver App, including the User’s picture, rating & location.
(c) The Driver retains the sole right to determine when and for how long he/she will utilize the Software and Navhoo Service to receive lead generation service. The Driver also retains the option to accept or reject each request for transportation received via the Driver App, Driver can also request to cancel the ride previously accepted, determining on the safety situations at the time of pickup provided. Navhoo in its sole discretion, may suspend providing Navhoo Service to Drivers unreasonably rejecting requests.
(d) Each cancellation done at the end of the rider is the responsibility of a Licenced operator proactive and will be accordingly communicated to users.
4.4 Driver and User Ratings.
(a) Users who have used the Driving Service will be asked by Navhoo to provide a rating for the Driving Service and the Driver, and may be asked to provide a comment. Navhoo may also request the Driver to provide a rating for the User on the Driver App. Driver shall provide accurate and objective feedback. Navhoo reserves the right to post both User and Driver ratings and comments for promotional purposes, with or without reference to the User or Driver.
(b) The Driver acknowledges that Navhoo is a distributor (without any obligation to verify) and not a publisher of these scores. Beyond the legal and regulatory requirements, Navhoo shall not have and hereby disclaims any liability and responsibility for the content and consequences of the publication or distribution of any scores howsoever or whatsoever.
(c) The Driver acknowledges that Navhoo desires to provide users of its Software with the opportunity to connect with Drivers, which maintain the highest standards of professionalism. Driver agrees that he/she will maintain high standards of professionalism and service, including but not limited to professional attire and maintaining an average User rating set by Navhoo based on the feedback from Users of its Software. Navhoo utilizes a rating system designed to allow the Users of its Software to provide feedback on the level of service provided by those Drivers who accept requests for transportation received via the Navhoo Service. Driver understands that there is a minimum rating he/she must maintain to continue receiving access to the Navhoo Service and Software. In the event a Driver’s rating falls below the applicable minimum rating, Navhoo, at its sole discretion, may, but does not have to, notify the Driver by email or other written or electronic means of communication. In the event the rating (based on User feedback) has not increased above the minimum, Navhoo may deactivate the Driver’s access to the Software and to the Navhoo Service. Navhoo reserves the right, at all times and at Navhoo's sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Driver from accessing or using the Driver App if the Driver fails to maintain the standards of appearance and service required by Navhoo or the Users of the Navhoo Software, in which case the Driver shall not require any compensation for damages or losses including but not limited to image losses, loss of revenues or profit occurred in consequence of the suspension or the cancellation of the Navhoo Service to the Driver.
DRIVER EXPRESSLY WAIVES AND RELEASES NAVHOO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION (INCLUDING LIBEL AND OTHER TORTS), OR DAMAGES ARISING FROM THE RATINGS POSTED BY THE USERS AND DRIVERS. IN NO EVENT SHALL NAVHOO, IT AFFILIATED COMPANIES AND LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT MAY RESULT FROM SUCH RATINGS.
4.5 Disclosure of Information.
In case of a complaint, dispute or conflict between the Driver on the one hand and the User on the other hand or in other appropriate instances where a legitimate reason for such disclosure exists (for example, receipt by Navhoo of a subpoena or warrant requesting information), Navhoo may, but shall not be required to (to the extent permitted by applicable laws and regulations) provide the User, the Driver and/or the relevant authorities the relevant data (including personal data) of the Driver. Navhoo may also disclose such other information of the Driver as set forth in this Agreement.
5.1 Fares.
(a) The pricing structure used in calculating the Fare for the Driving Service can be found at http://navhoo.com/cities or on the Driver App, or can at any time be communicated to the Driver by Navhoo.
DRIVER UNDERSTANDS THAT REAL-TIME FARE INDICATION MAY BE INCLUDED IN THE APP AND THAT NAVHOO IN NO WAY GUARANTEES THAT THE FARE AMOUNT ACTUALLY CHARGED WOULD BE THE SAME AS THE AMOUNT THAT MAY BE QUOTED IN THE APP.
(b) As part of the Navhoo Service provided to Driver, Navhoo will arrange for a third party payment processor or mobile payment platform to process the Fare for a Ride requested via the App from/through the User’s designated credit card or mobile payment platform. Driver understands that certain charges paid directly by the User to Navhoo Service, including without limitation and by way of example, the Ride Fee, are separate from the Fare amount.
(c) Driver understands that tipping the Driver is in the sole discretion of the User.
(d) Driver acknowledges and agrees that, in Navhoo’s sole discretion, a User’s cancellation fee may be waived.
(e) We expect that you will provide the Journey in accordance with clause 3(n) and otherwise in accordance with these Driver Terms. Where Navhoo finds out that any Journey you completed did not comply with these Driver Terms, Navhoo reserves the right to instruct Stripe to refund the fare extra charged or compensation offered by Navhoo to the affected rider (s) against your portion of the Fare paid by that rider.
(f) Before accepting an allocation of a Journey booking, you will be provided with an estimated (non-binding) fare for the Journey ("Estimate"). The Estimate will also be provided to the Passenger. The actual Fare for each Journey provided by you will be determined by the Software, having regard to the actual journey time, any peak pricing and distance travelled. It is therefore possible that the Fare may be more or less than the Estimate.
PLEASE NOTE THAT NAVHOO WILL NOT TAKE ANY COMMISSION FROM ANY TIPS PAID BY THE USER TO THE DRIVER.
5.2 Navhoo’s Fee.
Driver shall pay Navhoo for the Navhoo Service a Fee in one of two ways:
5.3 Bonuses
To encourage Driver to use the Navhoo Service, from time to time, Navhoo may offer the Driver a bonus payment (hourly, daily or weekly) notwithstanding the amount of Fares actually earned by the Driver, provided that such bonuses may be contingent on the time the Driver remains logged/signed into the Driver App, percentage of requests the Driver responds to and number of trips completed in a specific time. The amount of such guarantee, however, may be changed by Navhoo at its sole discretion and without notice, subject to certain conditions, including but limited to average number of requests and vehicles available at that time.If found that driver used his contacts/relationships and created orders being fraudulent, illegal, or in conflict with our Terms and Conditions , All such transactions will be investigated and all fare charged to riders will not be reimbursed by Navhoo to the Driver, Any paid amount will be re-collected and any cost involve in collecting such amount will be added to the claim against and such frauds will reported to fraud dealing agencies including immediate from Navhoo App platform .We will also request to local authorities for revoking the drivers Licence as (Not Proper & Fit).
IMPORTANT NOTE: SIGNUP BONUS / WEEKLY BONUSES AMOUNT IS DETERMINED AS OF THE TIME WHEN THE DRIVER COMPLETES THE REGISTRATION PROCESS BY PROVIDING ALL THE INFORMATION REQUIRED BY NAVHOO IN THE DRIVER APP AND THE SAME INFORMATION IS ACCEPTED AND PROCESSED BY NAVHOO. NO GUARANTEE IS CREATED UNLESS AND UNTIL THE DRIVER COMPLETES THE REGISTRATION, COMPLETES SPEIFIC NUMBEER OF RIDES , KEEPING SPECIFIC ACCEPTANCE RATE ,REMAINS ONLINE FOR SPECIFIC HOURS AND DAY AND THE SAME IS ACCEPTED BY NAVHOO.
DRIVER UNDERSTANDS AND AGREES THAT NAVHOO DOES NOT VERIFY THE ACCOUNT INFORMATION PROVIDED BY THE DRIVER AND WILL NOT BE RESPONSIBLE FOR ANY LOSSES, CHARGES, OR FEES AND/OR OTHER DAMAGES, WHICH MAY RESULT FROM A MISTAKE OR OMISSION BY THE DRIVER WHEN ENTERING HIS/HER ACCOUNT INFORMATION IN THE DRIVER APP OR THE NAVHOO SOFTWARE.
6.1 Payments, Adjustments and Settlement.(a) Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms"). By using the Navhoo Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Navhoo enabling payment processing services through Stripe, you authorize Navhoo to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Navhoo. You further agree to provide accurate and complete information about you and your business, and authorize Navhoo to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Navhoo reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.(b) Weekly Pay. Your Navhoo Payment reports will be made available to you in the Driver App on a daily /weekly basis. This reports will show the earnings minus the amounts of the commission withheld by Navhoo, detail versions of each trip is also available in Trip history in the App, all payments for Journeys take place via the Software. You must not ask for, or take, cash payment for completed Journeys.An invoice statement for your pay, and if any added fees will be sent via email on account as proof of pay at the end of the week on every Wednesday on a weekly basis.
(c) Disputed Amount. In the event of rider’s credit card failure to the payment, You acknowledge this that Navhoo shall not be obliged to pay you the Fare due from a Passenger holds, our intention and stack flow for payment is built to take care of any possible solution, But even having such system check if fare is declined at the end of completion of journey. If Navhoo is unable to collect the Fare, Navhoo may decide to pay you the full Fare or part of the Fare if Navhoo considers it is reasonable to do so. In any event, Navhoo will not pay more than £100.In the event that you dispute the amount of Fares paid to you, Navhoo may withhold the disputed amounts until the dispute has been resolved.
(d) No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Navhoo and its Affiliates may seek to generate additional demand for your Services from new and existing Riders. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
7.1 Driver represents to Navhoo that for the term of this Agreement
(a) Driver holds, complies and shall continue to hold and comply with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing Driver’s activities, operations and business in general and the Driving Service in particular;
(b) Driver shall comply with all local laws and regulations, including local traffic laws/rules, and the laws for being a driver for a transportation network company, the Driving Service and/or transportation services, and shall be solely responsible for any violations of such local laws and regulations;
(c) Driver has a valid Driver's license and is authorized to operate the Vehicle and has all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in the City where the Driving Service is rendered or performed;
(d) Driver has the appropriate and up-to-date level of expertise and experience to enable and provide the Driving Service. The Driver is appropriately qualified and trained and will supply, provide and support Driving Service acting with due skill, care and diligence;
(e) Driver’s Vehicle is kept in a clean condition at all times, is in good operating condition and meets the industry safety standards for a Vehicle of its kind;
(f) Driver maintains at all times the rating quality required by Navhoo with respect to the Driver, the Vehicle and the Driving Service, as described above.
(g) Driver is the owner or lessee, or is otherwise in lawful possession of the Vehicle(s), and said Vehicle(s) is/are suitable for performing the commercial carriage services contemplated by this Agreement, which equipment complies with all applicable local laws.
(h) Driver will abide by all applicable local laws with respect to operation of a motor vehicle, including but not limited to not using the Driver App or Device to communicate with the User or Navhoo’s Support without an appropriate “hands-free” device or type/send text messages while operating the Vehicle.
7.2 The Vehicle and Insurance a. You warrant, represent and agree that during the Term of this Agreement at your sole cost and expense:
(i) you are and shall be the sole owner, exclusive lessee or renter of the vehicle identified by you in your application to register on the Navhoo platform (the “Navhoo Platform”) as a driver partner receiving the Navhoo Services (the “Vehicle”);
(ii) the Vehicle is and shall be in good working order and suitable for use as a Local authority PHV, in accordance with all applicable rules of Local authority and any other relevant regulatory body;
(iii) you shall maintain your Vehicle as required by applicable Local authority rules, and will have the Vehicle regularly serviced and inspected as required by Local authority;
(iv) the Vehicle is and shall continue to be covered by all relevant and appropriate public liability “hire and reward” insurance with no aggregate limitation on loss, as required under the applicable rules of Local authority PHVs (the “Auto Insurance”) which Complies with all relevant laws (including the requirements of the Road Traffic Act 1988);
(v) you hold and shall maintain valid Local authority licences and PHV decals, and any and all other permits and fees related to providing Transportation Services to Riders, in accordance with all applicable rules of Local authority and any other relevant regulatory body; and
(vi) Drivers shall notify Navhoo (or any Affiliate that may be designated by Navhoo from time to time) as soon as reasonably possible, and in any case within thirty (30) days, of any incident which may give rise to an insurance claim.
(vii) Navhoo system will inform periodically driver on the expiration of relevant documents through App notifications and emails, It is driver responsibility that his Insurance documents are all the time relevant and valid while providing transportation services, Our system may implement blockage if not updated as is required per company policy, We may suspend account 12-24 hours earlier then the expiry date of the insurance certificate, until new and updated certificate is provided into the system and verified at our end .We hold no responsibility for any loss of earnings in such cases.
NOTE: Navhoo will conduct random checks on theses Insurance certifies with the insurance companies on regular basis to check if they are relevant and valid. It’s the responsibility of driver to provide on first request to Navhoo with a true copy of the insurance certificate. If a driver is found guilty of any fraud, while doing random cross checks on Insurance certificates with insurance providers , immediate actions will be taken and driver account will be suspended and all related authorities will be informed including the DVLA, Local licencing authority and the Police. It’s a serious offence which compromise the safety of rider and driver both. We follow safety first and zero tolerance policy. 7.3 Conditions PrecedentCompany reserves the right, and you irrevocably consent to allow the Company to collect and review the following types of information about you, to consider such information in the context of its decision to provide you with access to the Navhoo Services: (i) Disclosure and Barring Service criminal background check; (ii) DVLA driving record; and (iii) a digital photograph of yourself, for purposes including, but not limited to, allowing Riders to visually verify your identity.
You shall be responsible for: (a) Obtaining all necessary consents and permissions in respect of Company’s use of employee, subcontractor, assignee or agent personal information; (b) Compliance with applicable data privacy legislation or regulation in respect of the use or sharing of personal information under this Agreement.8. VATAll payments, fares, fees and services mentioned in this Agreement are deemed to be exclusive of any applicable value added tax (“VAT”) unless stated otherwise. By agreeing to provide Transportation Services to a Rider, you consent to allow Company to charge the Rider Payment in the amount recommended by the Company as your payment collection agent. If you are VAT-registered, Rider Payments will be inclusive of VAT, which will be remitted to the relevant authorities by you, if applicable. VAT Law includes: (i) Value Added Tax Act 1994, UK (ii) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added taxBelow the VAT registration threshold
If your annual turnover, fall below the VAT registration threshold of £85,000. This means that:
1. You are not bound to register for UK VAT
2. Your Transportation service provision to riders are exempt from UK VAT.
3. Navhoo will not provide electronic receipts with VAT Charges.
That means you are no more required to file quarterly VAT returns other than your normal Yearly Tax returns.For further details visit the https://www.gov.uk/vat-registration, https://www.gov.uk/vat-returns. We would also suggest speaking with a tax professional.
8.1 YOUR OBLIGATIONS IF VAT REGISTERED: (i) VAT collected as from transportation services provided
Your transportation services to Riders will have VAT charges included within the Fare and it’s your responsibility to pay them directly to HMRC with your VAT return on quarterly basis.
(ii) VAT on business expenses
When registered as VAT registered service provider, You can claim back some business expenses that you been charged by others such as fuel and car repairs. VAT is a give and take system, it is important that you keep all your records available at the quarterly filling time, You must keep copies of your all invoices.
DRIVER IS DULY REGISTERED FOR LOCAL TAX PURPOSES; DRIVER IS A SOLE PROPRIETORSHIP, A PARTNERSHIP, A LIMITED LIABILITY COMPANY, CORPORATION OR OTHER FORM OF BUSINESS ENTITY DULY FORMED AND/OR OPERATED UNDER APPLICABLE LOCAL LAWS; DRIVER HAS PROCURED AND AT ALL TIME MAINTAINS AND SHALL MAINTAIN INSURANCE AS PRESCRIBED BY APPLICABLE LAWS; AND DRIVER IS SOLE RESPONSIBLE FOR COLLECTING, REPORTING AND PAYING ALL LOCAL TAXES, AS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED TO APPLICABLE SALES AND USE TAX, SELF-EMPLOYMENT TAX, AND/OR OTHER PAYROLL TAXES.8.2 YOUR VAT PROFILEIf you are VAT registered then make sure you provide all relevant details to us on your Business details and VAT details at the time of registration in App in the Banking profile section correctly. This helps us to ensure that your invoices are generated correctly.
(a) Navhoo provides, and the Driver accepts, the Navhoo Service and the Driver App on an “as is” and “as available” basis. Navhoo does not warrant or guarantee that the Driver’s or the User’s access to or use of the Navhoo Service, the Website, the App or the Driver App will be uninterrupted or error free.
(b) The Navhoo service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Navhoo is not responsible for any delays, delivery failures, or other damage resulting from such problems.
(c) Navhoo, its affiliated companies and licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any content of and driver’s ability or inability to use navhoo.com, the software, the device, the driver app, and the Navhoo service.
(d) Navhoo expressly disclaims and excludes all warranties regarding the driver app and the functioning of the internet whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Navhoo does not warrant that the driver app will meet all of driver’s requirements or that its operations will be uninterrupted or error free, or that any defect within the driver app will be corrected. Furthermore, Navhoo does not warrant nor make any representation regarding the results of driver’s use of the driver app in terms of capability, correctness, accuracy, reliability or otherwise. No oral or written information, representation or advice given by Navhoo or its agents and/or employees shall create such a warranty.
(a) Subject to the exceptions set forth in this Agreement, the Driver agrees, undertakes, and ensures that the Driver will indemnify, defend and hold Navhoo (and its Affiliated Companies and employees, as well as Navhoo’s licensors, suppliers, officers, directors and subcontractors) harmless from and against any and all claims, demands, expenses (including legal fees), damages, penalties, fines, sanctions, social contributions and taxes by a third party (including Users, regulators and governmental authorities) arising out of Driver’s breach of any of these terms and conditions, and any of Driver’s activities conducted in connection with, or otherwise directly or indirectly related to this Agreement and Driver’s use of the Software, the Device, the Driver App, and the Navhoo Service.
(b) Driver is solely responsible for ensuring that the Driver, takes reasonable and appropriate precautions in relation to any third party with which they interact in connection with the Driving Service. Where this allocation of the parties’ mutual responsibilities may be ineffective under applicable law, the Driver undertakes to indemnify, defend and hold Navhoo harmless from and against any claims that may be brought against Navhoo in relation to the Driver’s provision of the Driving Service.
10.1 Relationship between the parties
(a) The relationship between the Parties is solely that of independent contracting parties.
THE PARTIES EXPRESSLY AGREE THAT THIS AGREEMENT IS NOT AN EMPLOYMENT AGREEMENT AND IT DOES NOT CREATE ANY EMPLOYMENT RELATIONSHIP. THE PARTIES FURTHER AGREE THAT NO EMPLOYMENT CONTRACT IS CREATED BETWEEN NAVHOO AND THE DRIVER.
(b) The Parties expressly agree that no joint venture, partnership, employment, or agency relationship exists between Driver, Navhoo or any third party provider as a result of this Agreement or use of the Navhoo Service or the Software.
(c) Driver acknowledges and agrees that it has no authority to bind Navhoo and undertakes not to hold itself out as an employee, agent or authorized representative of Navhoo. Where, by implication of mandatory law or otherwise, the Driver may be deemed an agent or representative of Navhoo, the Driver undertakes and agrees to indemnify, defend and hold Navhoo harmless from and against any claims by any person or entity based on such implied agency relationship.
(f) You understand and agree that you shall not be an employee of Company (or treated as an employee of Company) for any purposes, including for purposes of receiving Fringe Benefits that Company may provide to its employees. “Fringe Benefits” include, but are not limited to, group term life insurance, health insurance, dental insurance, disability insurances, and any other benefits which could be provided by Company to its employees.
(g) Following the Supreme Court ruling of 2021, we abide by the instructions and will treat drivers as workers with the flexibility of when and where you work that means they will have:
(h) Navhoo shall also be responsible for issuing invoices to Rider (on behalf of you-the Driver) for the Transport Services provided for the Ride completed as a result of booking facilitated though Navhoo service. You Driver gives consent to Navhoo to issue invoices on behalf of you for the transport services.
(i) Navhoo from time to time with the participation of drivers will generate Navhoo support services plans with its affiliated partners in order to enhance driver’s earnings by reducing the essentials expenditures that are directly involved in the industry such services will be in form of memberships and will be informed through Navhoo Support Plans in drivers Apps.
(a) IN NO EVENT SHALL NAVHOO’S AGGREGATE LIABILITY, WHETHER IN CONTRACT OR TORT, EXCEED THE FEES ACTUALLY PAID BY AND/OR DUE FROM DRIVER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL NAVHOO, ITS AFFILIATED COMPANIES AND LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). NAVHOO, ITS AFFILIATED COMPANIES AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY DRIVER, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE NAVHOO SERVICE OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE NAVHOO SERVICE OR THE SOFTWARE.
(b) If the disclaimer of liability by Navhoo shall, for some reason, not have any effect, the maximum aggregate liability of Navhoo vis-a-vis the Driver, is limited to 50% of the total amount of the Fee paid to Navhoo by the Driver in the year (12 months) preceding the event that led to the liability.
(c) All defences (including limitations and exclusions of liability) in favor of Navhoo apply (i) regardless of the ground upon which a liability is based (whether default, breach, tort or otherwise), (ii) irrespective of the type of breach of obligations (guarantees, contractual obligations or otherwise), (iii) for all events and all agreements together, (iv) insofar no event of wilful misconduct or gross negligence of Navhoo or its management has occurred, and (v) also for the benefit of its Affiliated Companies and employees and, at the request of Navhoo, Navhoo’s licensors, suppliers and subcontractors.
(d) Navhoo makes no guarantees, warranties, or representations as to the actions or conduct of any User who may request transportation service from the Driver. Responsibility for the decisions the Driver makes regarding transportation services offered via the Software or the Navhoo Service (with all its implications) rests solely with the Driver. Driver agrees that it is his/her responsibility to take reasonable precautions in all actions and interactions with any third party the Driver interacts with through and in connection with using the Software and the Navhoo Service.
(e) The transportation services that Driver provides pursuant to this Agreement are fully and entirely Driver’s responsibility. Navhoo does not screen or otherwise evaluate potential riders/Users of Driver’s transportation services. Driver understands, therefore, that by using the Software and the Navhoo Service, the Driver may be introduced to third parties that may be potentially dangerous, and that Driver uses the Software and the Navhoo Service at his/her own risk.
(f) Notwithstanding the right of Driver if applicable, to take recourse against the Driver, the Driver acknowledges and agrees that he/she is at all times responsible and liable for the acts and omissions of the Driver vis-à-vis the User and Navhoo, even where such vicarious liability may not be mandated under applicable law.
NAVHOO WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND DRIVER EXPRESSLY WAIVES AND RELEASES NAVHOO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM DRIVER’S USE OF THE SOFTWARE OR THE NAVHOO SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO THE DRIVER BY/THROUGH THE SOFTWARE OR THE NAVHOO SERVICE. DRIVER EXPRESSLY WAIVES AND RELEASES ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAW OF ANY AREA OF OPERATIONS, WHICH DECLINES TO EXTEND A GENERAL RELEASE TO CLAIMS, WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
DRIVER EXPRESSLY WAIVES AND RELEASE NAVHOO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM TERMINATION OR SUSPENSION OF THIS AGREEMENT, OR TEMPORARILY BLOCKING THE DRIVER. IN NO EVENT SHALL NAVHOO, ITS AFFILIATED COMPANIES AND LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT MAY RESULT FROM TERMINATION OR SUSPENSION OF THIS AGREEMENT, OR TEMPORARILY BLOCKING THE DRIVER.
(iii) Upon termination of the Agreement, you shall immediately delete and fully remove the Driver App from any of Your Devices.
(a) By accepting this Agreement, the Driver hereby authorizes Navhoo and its designated agents, representatives, or third party contractors to conduct a comprehensive review of the background of the Driver, including, if applicable, his/her principals, officers, and employees, causing an investigative consumer report to be generated and evaluated by Navhoo for the purpose of providing the Driver with access to the Software, the Driver App, and the Navhoo Service. Driver understands that the scope of the investigative consumer report may include, but is not limited to the following areas: verification of social security number; credit reports, current and previous residences; employment history, education background, character references; drug testing, civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions; driving records, birth records, and any other public records.
(b) Driver further authorizes any individual, company, firm, corporation, or public agency to divulge any and all information, verbal or written, pertaining to him/her, to Navhoo and/or its agents. Driver further authorizes the complete release of any pertinent records or data, which the individual, company, firm, corporation, or public agency may have, including information or data received from other sources.
(c) Driver understands that based on the results of the comprehensive review of the Driver’s background, as well as other information provided during the signup/application/registration process, Navhoo may reject the Driver, in which case Navhoo shall not be required and is under no obligation to provide any explanation whatsoever.
(d) Driver authorizes Navhoo to release his/her personal information, to the extent required, to third party contractors used by Navhoo to conduct the background check. The information received by Navhoo as a result of the background check shall be maintained in a confidential manner.
(a) Parties understand and agree that in the performance of this Agreement, each party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the “Confidential Information”). Confidential Information includes Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
(b) Each party agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party and receiving party shall not use any Confidential Information for any purpose except in furtherance of this Agreement; (b) it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the “Permitted Persons”) to maintain, the confidentiality and secrecy of the Confidential Information; (c) it shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of this Agreement; (d) it shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information; and (e) it shall return or destroy all (hard and soft) copies of Confidential Information upon written request of the other party and/or upon termination of this Agreement.
(c) Notwithstanding the foregoing, (a) Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving Party, (ii) was possessed by the receiving Party prior to the date of this Agreement, (iii) is disclosed to the receiving Party by a third party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and (b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing this Agreement (including any technical, operational, performance and financial data, but excluding any User Data) in confidence to an Affiliated Company.
Nothing in this Agreement is intended to grant any rights to Driver Partner (or your employee, subcontractor, assignee or agent, or any other individual you hire or otherwise engage to provide Transportation Services) under any patent, mask work right, copyright or other intellectual property right of Company, including the Navhoo App, the Partner App, and the Navhoo Services. Driver Partner shall not use or disclose any property, intellectual property rights, trade secrets or other proprietary know-how of the Company to invent, author, make, develop, design, or otherwise enable others to invent, author, make, develop, or design identical or substantially similar designs for any third party. All industrial and / or intellectual property rights which will arise from or will be obtained by providing Transportation Services by operation of law or by application or by filing, will be the property of the Company. If and in so far as the Company is not already the entitled party by law or by the preceding provision, you (or your employee, subcontractor, assignee or agent, or any other individual you hire or otherwise engage to provide Transportation Services) hereby transfers the full industrial and / or intellectual property rights as stipulated in this Section to the Company, which accepts this transfer. To the extent these property rights cannot be transferred until a later point in time, you will fully cooperate to enable the legal completion of such transfer to the Company. To the extent the Company considers this appropriate, you irrevocably authorize the Company to effect such a transfer independently (in your name) and to perform all notifications, filing and other actions required for such a transfer.
(a) For the purpose of rendering the Navhoo Service, the Driver explicitly agrees and acknowledges that geo-location information regarding the Driver who is available for the Driving Service or performing the Driving Service shall be monitored and traced by Navhoo through the Driver App via GPS tracking or otherwise. The relevant details of the Driver and the Ride and the position of the Driver shall also be disclosed to the User on the App.
(b) To provide location-based services on the App and for analytical, marketing and commercial purposes of Navhoo, Navhoo may collect, use, and share precise geo-location data, including the real-time geographic location of the Driver. This location data is used by Navhoo to provide and improve location-based products and services. Information Driver provides may be transferred or accessed by entities around the world. Driver expressly consents to Navhoo’s use of location-based services and Driver expressly waives and releases Navhoo, its Affiliated Companies and Licensors from any and all liability, claims, causes of action or damages arising from Driver’s use of the Software or the Navhoo Service, or in any way relating to the use of the geo-location and other location-based services.
(a) Navhoo reserves the right to modify/amend the terms at any time and shall keep you updated regarding such amendments, effective upon publishing an updated version of this Agreement https://navhoo.com/legal/driver-items or on the Software, including the Driver App.
(b) Driver hereby expressly acknowledges and agrees that, by using or receiving (or continuing to use and receive) the Navhoo Service, and downloading, installing or using the Software, including the Driver App, Driver and Navhoo are bound by any future amendments and additions to this Agreement or documents incorporated herein, including the Fee schedule. Continued use of the Navhoo Service or the Software, including the Driver App, after any such changes shall constitute Driver’s consent to such changes. Driver is responsible for regularly reviewing this Agreement.
(c) The Driver further agrees that to the extent a notice may be required under applicable law or this Agreement, such notice is properly given if it is (i) provided via email to the email address recorded in the Driver’s profile, (ii) communicated by a notification on the Driver App; (iii) sent by a text message to the phone number recorded in the Driver’s profile; or (iv) by any other means of electronic communication reasonably calculated to apprise the Driver of the modification(s).
(a) Severability. If any provision of this Agreement is or becomes invalid or non-binding such provision shall not invalidate the rest of the agreement, and the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
(b) Assignment. Neither party shall be entitled to assign, transfer, encumber any of its rights and/or obligations under this Agreement without a prior written consent of the other party, provided that Navhoo may assign, transfer, encumber any of its rights and/or the obligations under this Agreement, in whole or in part, without a prior written consent of the Driver, (a) to an Affiliated Company or (b) in the event of a merger or sale of assets.
(c) No Third Party Beneficiaries. This Agreement (including the schedules, annexes and appendixes, which form an integral part of this Agreement) constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous negotiations, discussions, agreements, arrangements, offers, undertakings or statements, whether verbal, electronic, or in writing, regarding such subject matter. This Agreement may be modified only in a writing accepted by the parties; this Agreement may not be amended, by implication or otherwise, by any marketing material contained on the Navhoo website, the Software, the Driver App or the App. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
(d) Notices. Any notices, requests and other communications required or permitted under these Customer Terms must be in writing and sent to the recipient Party as follows (as amended to time by the recipient Party by notice to the other Party):
This clause does not apply to the service of proceedings or other documents in legal action.
(e) Dispute. Owing to the complexities of tracking rides, trip completions, applicable Cancellation Fees etc., Fees and accordingly the Service Fee may become the subject of dispute. Company and you agree to follow the following dispute resolution process regarding any Fee disputes: (i) you shall provide Company with written notice of any such Fee dispute (with reasons and evidence), (ii) Company and you will meet (if required) and make a good faith effort to resolve the dispute; and (iii) if we do not mutually agree upon a dispute resolution, Company will determine, in its sole, good faith, discretion, the total Fee (if any; and accordingly the Service Fee payable to Company), to be paid to you by a User. AS YOUR SOLE REMEDY FOR DISAGREEING WITH A DISPUTED FEE PAYMENT (OR NON-PAYMENT), YOU MAY DELETE THE DRIVER APP AND DISCONTINUE PROVIDING THE NAVHOO. This sole remedy provision does not limit Company’s rights to recover undisputed Service Fees or Service Fees that have not been paid due to your intentional failure to pay an undisputed amount.
(f) Entire agreement. This Agreement contains the whole Agreement between the Parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
(g) Privacy. Navhoo will collect, store, process and transfer personal information (including sensitive financial information) in compliance with the Navhoo Driver Privacy Policy and any applicable statutes and regulations relating to the protection of personal data.
The construction, validity and performance of this Agreement shall be governed by the laws of England. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under LCIA Rules, which rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be London, England. The language used in the arbitral proceeding shall be English.
You and Navhoo agree that any dispute, claim or controversy arising out of or relating in any way to this Agreement or the Navhoo Application and/or Navhoo Services, including, but not limited to, any dispute, claim or controversy relating to the validity or enforceability of this arbitration provision shall be determined by binding arbitration instead of in courts of general jurisdiction. This arbitration provision applies to any dispute, claim or controversy arising from events that occurred before, on or after the effective date of this Agreement. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the England and Wales Court. This arbitration provision shall survive termination of this Agreement and any other contractual relationship between you and Navhoo.
If you desire to assert a claim against Navhoo, and you therefore elect to seek arbitration, you must first send to Navhoo, by certified mail, a written notice of your claim (“Notice”). The Notice to Navhoo should be addressed to: Navhoo, Attention: Legal – 305 Keys Court, 82-84 Moseley Street, Birmingham, B12 0RT. (“Notice Address”). If Navhoo desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Navhoo, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Navhoo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Navhoo may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Navhoo or you shall not be disclosed to the arbitrator. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Further, unless both you and Navhoo agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any provision of this Agreement is or becomes invalid, unenforceable, or non-binding such provision shall not invalidate the rest of the agreement, and the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid, unenforceable, or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and the purpose of this Agreement. The failure of Navhoo to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Navhoo in writing.
You acknowledge and agree that you and Navhoo are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Notwithstanding the modification-related provisions above, if Navhoo changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to support@navhoo.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Navhoo’s email to you, if applicable, notifying you of such change. By rejecting such change, you are agreeing that you will resolve any Dispute between you and Navhoo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement). The courts of England shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
These terms of service constitute a legally binding agreement (the “Agreement”) between with (“you”, “user”, “rider”), who unconditionally accepts the terms of this Agreement and Navhoo Birmingham Limited, (“Navhoo,” the “supplier” or “we” or “us”), who legally operates and govern your use of the Navhoo Mobile application, website, and technology platform (collectively, the “Navhoo System”) in the area of its operation where it hold relevant PH Operators licences.Navhoo Birmingham Limited is a private limited company registered in England and Wales under number 12137958, and whose registered office is at Suite 305 Keys Court, 82-84 Moseley Street, Birmingham, England, B12 0RT. governing By registering and setting up an account with Navhoo you agrees to be bound by these service terms and conditions, which establish a contractual relationship between you and Navhoo Birmingham Limited. If you do not agree to these terms, you may not access or use the Navhoo services and/or the Navhoo application.
This agreement is a legally binding contract. It may change (in accordance with the provisions below) as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means that you understands and accepts the fact that the agreement may be changed by Navhoo unilaterally without special notice to the User .The new version of the agreement shall take effect from the moment of its publication, unless otherwise provided by the new version of the agreement. The user must independently verify the relevance of the editors of the agreement.
This Agreement is an open and public document. The current version of the Agreement is always located on the Internet on the Navhoo website. Navhoo may amend and/or change the Terms and Conditions related to the Navhoo Application and/or Services from time to time. Such changes will be effective immediately upon posting of such changed Terms and Conditions at https://www.navhoo.com/rider/terms or in/through the Application and no other notice shall be required. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
Privacy PolicyCollection and use of your personal information by Navhoo is in connection with the Services is as provided in Navhoo’s privacy policy http://localhost/privacy which is incorporated by reference into these Terms.
"Affiliated Company” means a company that directly or indirectly is under control of or controls the relevant party, by having fifty percent (50%) or more of the voting stock, or other ownership interest, or the majority of the voting rights.
“Navhoo Reward Points” The point based system that Navhoo system reward rider of each ride, based on miles travelled for each journey taken.
“Contract” means the legally-binding agreement between you and us for the supply of the Services;
“App” means the software application developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by Navhoo (or its Affiliated Companies) to run on Smartphones, tablet computers and/or other devices, through which the Navhoo Service is made available.
“City” means the state, city, municipality, place, region or territory in which the Driving Service shall be made available by the Driver.
“Data” means all data with regard to or transmitted using the Device, the App, the Driver App, the Navhoo Service or the Driver ID, and/or data relating to the User, the Driver and/or the Ride.
“Device” means the relevant Smartphone or such other device used by the Driver that may be supported by Navhoo (in its sole discretion) in order for the Driver to use and have limited access to the Navhoo Service and to enable the Driver in providing the Driving Service to the Users.
“Driver” means you, as an independent third party transport provider or your company who provides transportation and/or other services
“Driver Vehicle” means an approved, insured and fit vehicle for the commercial use of the service as per the local regulatory requirements.
“Rider App” means the software application developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by Navhoo (or its Affiliated Companies) to run on the Device for limited and non-exclusive use by the Rider.
“Rider ID” means the identification and password key allotted by Navhoo system to the Rider as safety tool which on sharing driver access to start the journey in his driver app.
“Driving Service” means the transportation service as provided, made available or rendered by/through the Driver with the Vehicle, upon request of the User through the App.
“Fare” means the amount charge for the base fare, journey time, and distance travelled. The Fare will be determined by the Software, having regard to the actual journey time, any peak pricing, cancellation fees, and distance travelled.
“Navhoo Booking Service” means the on-demand, lead-generation PH booking service through the Navhoo App that allows you to request, book and pay for passenger transportation services.
“Charges” Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market.
“Fee” means the charges paid by the Driver to Navhoo for the Navhoo Service.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services.
“Journeys” means the Customer's request for the Services from the Supplier as submitted following the step by step process set out on the Website/app/Application/internet services;
“Software” means Navhoo’s mobile applications and associated software, including but not limited to the App and the Driver App.
“Toll Charges” means any and all road, bridge, ferry, tunnel, parking, and airport toll charges, including inner-city congestion, environmental or similar charges.
“User” means a person who has signed up and is registered with Navhoo for the use of the App and/or the Navhoo Service.
“User Information” means information provided by Navhoo to the Driver via the Driver App indicating the User’s pick-up location, the User’s name and/or other information included by the User in the User’s profile with Navhoo.
“Vehicle” means any motorized vehicle (whether powered by an internal combustion, hybrid or electric engine) that is in safe and clean condition and fit for passenger transportation as required by applicable laws and regulations and that has been accepted by Navhoo and identified as the vehicle to be used by the Driver in the provision of the Driving Service.
“Additional Items” means any additional services that we supply to you with the Services, of the number and description as set out in the Order;
“Website” means the Navhoo website https//:www.navhoo.com.
Pursuant to the Local Government (Miscellaneous Provisions) Act 1976 (the "1976 Act"), and any related local government regulations pertaining to the operation of private hire vehicles (together the "PHV Regulations"), a private hire booking made by you must be accepted by a person that holds a relevant operator's licence.
Navhoo App is a transportation provider and facilitates this transportation service that comes in form of booking request from ‘you’ as Rider, We have a system that fulfil all regulatory requirements of a PH Operator such as:
The Navhoo “Service” means any website, mobile application, landline and Internet service that are in Navhoo’s control, whether partial or otherwise, in connection with providing Navhoo’s online platform that enables users to connect with local authority licenced PH Vehicles & PH Drivers as vehicle transportation providers in major cities. In determining the fees and accepting your requests for bookings we act on behalf of the third party transportation providers and not for riders.
By requesting a booking for ride we record your request and accordingly communicate with you thereafter when having confirmation of availability/non-availability of the third party transport provider to fulfil your request (they may or may not accept, depending on their discretion such as (location, payment, ratings, or timing etc) in our network. In the case of services made to your specific requirements, it is your responsibility to ensure that any information or specification you provide is accurate, we as service provider do monitor trips booked through our app remotely to ensure safety, effective app functionality, processing & managing complaints, questions, requests regarding lost and found items and feedback though our support channels. We encourage the use of rating feedback which is in build into our app as journey process.
All Services which appear on the Website/App/internet service are subject to availability. On acceptance of your job request, you will then be part of a new agreement with driver for the provision of the journey on such terms and conditions as you agree with the Driver. All drivers hold (Private hire & reward Insurance) and their ID’s, driving licence record and riders feedbacks are checked all the time.
Navhoo operates system platform (the “Service”), that allow you to request, book and pay for the service (”Journeys”) Navhoo does not provide Journeys and is not, a party to your agreement with the relevant Driver, any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a driver to a rider shall constitute a separate agreement between such persons.
The service provided by Navhoo are in beta phase and are having limitations in its capacity, geographic limit and hours of operational capability ,We desire to expand in geographic boundary ,timing and area of services ,Please do provide your recommendations at support@navhoo.com.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Navhoo Cities page (www.navhoo.com/cities), plus any tips to the Driver that you elect to pay. Navhoo has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Navhoo Cities page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service platform 5 you request (e.g., STND, MPV, EXEC, SUV or VIP) as described on your market’s Navhoo’s Cities page. You are responsible for reviewing the applicable Navhoo Cities page or price quote within the Navhoo app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
NAVHOO BIRMINGHAM- Fare Table & Fees:
Ride fares are determined by a base fare + time + distance rates. Ride fare is defined as the original, non-discounted, non-promotional fare of the ride. (May vary please do check for latest fare table)The per minutes charges are as follows: (Last Up-dated August 2022)
There are two types of fares, estimated and final.
You may have the opportunity to view estimated fee charges in real-time in the Application. These real-time fee quotes are estimations only provided for your convenience and may not reflect the actual fees charged upon completion of the services. Navhoo makes no guaranties as to the accuracy of real-time fee quotes, unless specifically stated otherwise.
The payment will be facilitated by Navhoo using the preferred payment method designated in your user profile. If your primary payment method or a secondary payment method in your user profile, if it is determined to be expired, invalid or otherwise not able to be charged, you agree that Navhoo may use a Third-Party Provider’s limited payment collection agent.
Note: Your account will be restricted and additional charges may apply in order to collect the fare of you.
9.1 Payment Processing.
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms"). By using the Navhoo Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Navhoo enabling payment processing services through Stripe, you authorize Navhoo to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Navhoo. You further agree to provide accurate and complete information about you and your business, and authorize Navhoo to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Navhoo reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
The following fees will be charged by Navhoo for its services and for the services of Third Party Providers:
Mostly airport, motorways, bridges areas requires tolls when your driver's vehicle passes through a toll or an area with a surcharge, the toll amount is added to your fare.
Note: If your driver asked you to pay a toll or parking fee with cash and you were also charged on your receipt, please let us know. By contacting us in get in touch and fill up the details or in app trips history, go to the end says help & let us know from that particular ride.
10.1 Promotions.From time to time, Navhoo may offer you special promotions/or a third party’s service on per promotional basis related to the use of Navhoo Services by you, your family members, or friends. Such promotions may be contingent, among other things, on the use, and may require certain actions, by you, your family members, or friends. Further, such promotions will be subject to limited availability and additional terms and conditions, which will be displayed to you at the time you receive such promotions, including but not limited to certain actions that may be required, expiration time, etc
Navhoo reserves the right to terminate or modify, without notice, any promotions and their respective terms and conditions, at any time for any reason or no reason whatsoever. Navhoo disclaims any and all liability related to your use or inability to use such promotions or your reliance on the completeness and accuracy of any information related to such promotions, including the mere existence or availability thereof.
Navhoo may communicate with you by email, text message or posting notice on the Service. You may request that we provide notice of security breaches in writing.You agree to receive email from us at the email address you provided to us for customer service related purposes
11.1 Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice); please write to us at support@navhoo.com
11.2 SMS Text Messages. Navhoo will use SMS service to send you notifications once you requested a pickup through the Application, as well as to recover your username and password, if requested. Standard messaging and data rates may apply. You may receive messages from Navhoo if you make a pickup request or otherwise, as it may be necessary and related to your use of the Application, the Services and for promotional purposes. If you change your mobile phone number the Services may be deactivated and you will not be able to use the Services until you update your user profile and Navhoo verifies your phone number via SMS. Navhoo reserves the right to cancel the notification service at any time.
License Granted by User
12.1 Subject to the license granted below, any User Content communicated, uploaded or posted to/through the Services belongs to the person who posted such content. You may use any User Content posted by you in any other way without restriction. You may only use Content posted by others in the ways permitted by this Agreement.
12.2 When you upload, communicate or submit User Content on or through the Services, you grant Navhoo a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully sublicensable license to publish and use your User Content. This right will continue even after you stop using the Services. Besides the right to publish, you also grant Navhoo, under said license, the following rights, without limitation:
By posting the User Content, you waive any and all rights to be compensated by Navhoo, its subsidiaries and/or affiliates for such User Content.
12.3 You agree that any feedback, suggestions, ideas, or other information or materials regarding Navhoo or the Services that you provide, whether by email or otherwise, are non-confidential and shall become the sole property of Navhoo. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without the acknowledgment or compensation to you. You waive any rights you may have to the feedback (including copyrights or any other rights).
12.4 The submission of your User Content on/through the Services is entirely voluntary, non_confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:
Intellectual property ownership
12.5 Navhoo alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to the Application and the Services and any improvements, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application and/or the Services.
12.6 This Agreement is not a sale agreement and it does not convey to you any rights of ownership (or any other interest) in or related to the Application, the Services, or any intellectual property rights owned by Navhoo, its licensors, subsidiaries and affiliates. Navhoo name, logo, and any product/service names associated with the Application and the Services are trademarks of Navhoo or third parties, whether registered or not, and no right or license is granted to you with respect to using the same.
Third party interactions.
12.7 During the use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or Services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Navhoo, its licensors, subsidiaries and affiliates shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Navhoo does not endorse any sites on the Internet that are linked through the Services, and in no event shall Navhoo, its licensors, subsidiaries or affiliates be responsible for any content, products, services or other materials on or available from such sites or third party service providers. Navhoo provides the Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Navhoo disclaims any and all responsibility or liability arising from such agreements between you and third party service providers.
12.8 Navhoo may rely on third party advertising and marketing supplied through the Services and other mechanisms to promote or subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Navhoo reserves the right to charge you a higher fee for the Services should you choose not to receive these advertising services. Navhoo may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through/on the Application and/or the Services.
Copyright policy.
12.9 Navhoo respects copyright law and expects its users to do the same. It is our policy to terminate, in appropriate circumstances, Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Indemnification.12.10 By entering into this Agreement and using the Application and the Services, you agree that you shall defend, indemnify and hold Navhoo, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, fines, sanctions, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Services, or (c) your use or misuse of the Services.
Navhoo does not offer any transportation services itself as transport provider, Navhoo acts as an intermediary between rider and driver in order to optimize the scheduling service for the PHV drivers. Thus, I agree by accepting the provision of services by the Private Hire Driver and Passenger, they acknowledge that the Navhoo has no direct association with the Private Hire Driver, it just assist contact between driver and passenger. The user acknowledges and agrees that Navhoo is not liable for any act or omissions committed by any user, whether by robbery, commitment break as a result of any act, discussions, and others including the effective fulfilment of the obligations assumed by the users and loss not being for tax purposes. The user acknowledges and agrees that, by registering and accepting the policy of the service, do so at his total means and exclusive risk. Navhoo recommends that every transaction is performed in good faith.
If any booking done on the Navhoo App is confirmed and accepted by the driver it forms a separate agreement between the Private Hire Driver and the passenger.
Navhoo does not intend to provide any service other than connecting the passenger to the Private Hire Company driver and vice versa.
(a) Exclusion of Liabilities for Damages Caused to UsersNavhoo does not guarantee that the system will be available without any interruption and that it will always be error-free, and therefore, shall not be liable for damages caused to users.
(b) Responsibility for damages or lossesYou agree that Navhoo is also not responsible for any damages or losses caused to your computer as a result of using the site and app
(c) Liability for any Error or inconsistent
Navhoo is not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar etc.
14.1 Use of services for their own will
Navhoo is not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar etc. If a journey does not match the expectations we have listed or if there is a sufficiently serious issue, we will suspend the driver’s use of our Navhoo App. We are aiming to enable safe, secure, comfortable and reliable experiences for Navhoo APP passengers and Private Hire drivers. The Passenger certifies that he uses the service for their own free will and untrammelled choice and recognizes and accepts as its responsibility and risk for using the Website.
The acceptance and denial of the service may occur at first by Driver, who can accept or deny the service when receiving a notification for a ride. Passengers may cancel the contract for any reason. Both recognize that Navhoo is not liable for any delays, cancellations, failure to cancel the contract and miscommunication between passenger and driver, nor for any delay or failure in the delivery of services from the Driver
The Passenger acknowledges and declares that he understands and is aware of all the risks involved in the use of the Website and contracting services, pledging to reasonably take care as expected of someone who chooses a PHV/Cab to transport himself
If transportation is not available for the moment, Navhoo is not responsible. Navhoo only shows available transportations.
The Passenger acknowledges and agrees that Navhoo performs no Driver selection, simply registering on their website to participate does not vouch for its suitability, legally, physically or mental health to provide the Services.
The Passenger acknowledges that the data provided from the Private Hire Driver, such as: (i) vehicle model (ii) VRM of the vehicle, (iii) full name, (iv) profile picture, among others, were provided by the Driver himself.
By accepting the Services, the Passenger acknowledges that Navhoo has no involvement in the contractual relationship between driver and passenger
Passenger can have all information about driver and company if he lost something in Private Hire Vehicle /Cab please write to us with Trip ID at support@navhoo.com or select selection from your app in help.
You use the Service at your own risk. We make no warranties or guarantees.
We provide and you accept that the Navhoo services and the application are provided on an "as is" and "as available" basis. We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these user terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Navhoo services or any services requested through the use of the Navhoo services, or that the application will be uninterrupted or error-free. Although we subject the Navhoo providers to a background check, we do not guarantee the quality, suitability, safety or ability of Navhoo providers. You agree that the entire risk arising out of your use of the Navhoo services and/ or the application and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. you agree that we do not hold any responsibility or liability to you related to any transportation services provided to you by Navhoo providers other than as expressly set forth in these user terms.
The services and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communication. Navhoo is not responsible for any delays, delivery failures, or other damage resulting from such problems
Amendments. We reserve the right to modify these User Terms at any time upon posting the amended terms on https://www.navhoo.com/terms. If we make changes, the same shall be notified to you by, at a minimum, revising the “Last Updated” date at the top of these User Terms. You are responsible for regularly reviewing these User Terms. Continued use of the Navhoo Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use the Navhoo Services. In the event Navhoo modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
Severability. If any provision of these User Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these User Terms.
Assignment. Neither party shall assign or transfer these User Terms or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that we may assign or transfer these User Terms or any or all of its rights or obligations under these User Terms from time to time without consent: (a) to an affiliate; or (b) to an acquirer of all or substantially all of our business, equity or assets.>
Entire Agreement. These User Terms including all Supplemental Terms and the Privacy Policy constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these User Terms, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of these User Terms.
No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
Notices. We may give notice by means of a general notice on the Navhoo Services, electronic mail to your email address in your User Account, or by written communication sent by first class mail or pre-paid post to your address in your User Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to Navhoo Birmingham Limited, Attention: Legal - Suite 305 Keys Court, 82-84 Moseley Street, Birmingham, England, B12 0RT.
Waiver. Our failure to enforce any right or provision in these User Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Survival. Each provision of this Agreement that would by its nature or terms survive any termination of these User Terms shall survive any termination of this Agreement, regardless of the cause.
Ownership. Navhoo alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to the Application and the Services and any improvements, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application and/or the Services.
Termination. You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement. The termination of your use of the Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to Navhoo.
Last Updated 22th, Sept 2021
Background
Navhoo understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Web Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the current GDPR regulations.
This Notice applies to Our use of any and all data collected by us in relation to your use of Our web Site. Please read this Privacy Notice carefully and ensure that you understand it. Your acceptance of Our Privacy Notice is deemed to occur upon your first use of Our web Site. If you do not accept and agree with this Privacy Notice, you must stop using Our web Site immediately.
In this Notice the following terms shall have the following meanings:
“Account”
means an account required to access and/or use certain areas and features of Our Web Site;
“Cookie”
means a small text file placed on your computer or device by Our Web Site when you visit certain parts of Our Web Site and/or when you use certain features of Our Web Site. Details of the Cookies used by Our Web Site are set out in section 12, below;]
“Our web Site”
means this website, www.navhoo.com
“Cookie Law”
means the current and relevant sections of PECR the Personal Electronic Communications Regulations
“We/Us/Our”
means Navhoo Birmingham Limited (NBL), whose registered office is at 305 Keys Court, 82-84 Moseley Street, Birmingham, B12 0RT.
This Privacy Notice applies only to your use of Our Web Site. It does not extend to any websites that are linked to from Our Web Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy notices of any such websites before providing any data to them.
Some data will be collected automatically by Our Web Site, other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our Web Site, We may collect some or all of the following data:
Under the GDPR, you have:
The tables below list some of the internal and third-party cookies we use. As the names, numbers, and purposes of these cookies may change over time, this page may be updated to reflect those changes. For more information on how we use these cookies, please refer to our Cookies Notice.
Host Name
Cookie Name
Purpose
More information
Stripe
stripe_payment
To process payment on Navhoo
Stripe privacy Statement
Zendesk
zendesk_support
For any kind of support system
Zendesk privacy statement
Sendgrid
sendgrid_email
To send email to Navhoo users
Sendgrid privacy statement
Twilio
twilio_sms
To send any kind of sms
Twilio privacy statement
twilio_call
For any kind of call placed on Navhoo
Google
map
Tracking rides, showing driver’s
Google privacy statement
places
To fetch near by places
direction
To fetch direction between pickup and destination
Firebase
fire_notification
TO send notification
Firebase privacy statement
Mix panel
mix_analytics
To generate bug report in app
Mix panel privacy statement
If you have any questions about Our Web Site or this Privacy Notice, please contact Us by email at support@navhoo.com, or by post at 305 Keys Court, 82-84 Moseley Street, Birmingham, B12 0RT. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you.
We may change this Privacy Notice as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Web Site and you will be deemed to have accepted the terms of the Privacy Notice on your first use of Our Web Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
The following terms are subject to change.
Note: Making a good first impression with our riders is really important, so if we observe a driver partner going in a different direction we won't pay out the bonus and if customer cancels due to a long wait you will not earn the cancellation fee, so only accept rides you can go straight to.
As the ride-hailing app that puts people first, Navhoo is committed to building an inclusive community of riders and drivers that reflects the diversity of the cities we operate in. As such, Navhoo prohibits discrimination against riders or drivers on the basis of race, religion, national origin, disability, age, sex, marital status, gender identity, sexual orientation or any other characteristic protected under applicable local law. Any violation of this policy may result in immediate suspension from the Navhoo platform.
Refusing a rider with a service animal is a violation of our Driver Terms & Conditions and may also result in a driver’s suspension from the platform.
Navhoo believes in Safety and takes it as priority as policy guidelines for both rider and Driver, as it takes two to clap. If Rider is at fault:
It’s your right and we appreciate your call for service when you are under influence, we don’t allow drinking and taking drugs when riding. Driver can demand from you before starting journey to dispose of any open cans, alcoholic beverages/Drugs that you may carry and have intention to drink/take. It is in the interest of both to respect each other’s right.
If driver finds you not cooperating he/she may cancel your ride and ask you to leave the car. Any further non-cooperation that may escalate into any incident, our incident response team will share details with law enforcement agencies immediately. You will be barred from services as well.
If Driver is at fault:
Navhoo does not tolerate the use of alcohol or drugs by drivers using the Navhoo app. If a rider believes the driver may be under the influence of drugs or alcohol, the rider can END THE TRIP with comments in rating, review IMMEDIATELY and launch a report in support within the app, promptly after a zero-tolerance complaint is filed, Navhoo shall suspend the driver until further investigation.
Our Rider Support team will be in touch with you and we assure you of taking a serious action, if driver found guilty of offence.Navhoo Drivers should not provide rides within 8 hours of consuming any alcoholic beverages.
Membership
Earning Points
Points Validity
Redemption of Navhoo Loyalty Rewards
General Navhoo Loyalty Rewards Key Points
You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functionality
These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
Analytics
These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site.
Advertisement
These are third party cookies by Facebook. These cookies are used to deliver adverts more relevant to you and your browsing patterns. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers.
I agree to Navhoo's Privacy Policy and to receive marketing communications, including automated calls and texts, from Navhoo and its affiliates.
