Welcome to the App and we’re delighted that you’ve chosen miwhip to start your journey.
PART A – INTRODUCTION
1 HOW these terms WORK
These Terms govern how you use the App and how you provide a Ride to passengers in your PHV.
You should therefore read these terms carefully before you use the App as they explain and contain important information about your and our legal rights and how your use of the App will be dealt with.
References to you, yours, or the Transport Provider are to the Transport Provider.
1.1 The following definitions shall apply in these terms unless the context otherwise requires:
means the miwhip Driver app provided by us;
means the applicable base charge for London which will be detailed on the App;
means the charges payable to you where a Rider cancels and detailed in Part D paragraph 1;
means the recommended charge based on the Estimated Fee which we notify you of for each Ride completed via the miwhip Services and shall include any tolls or other road use fees;
means a standard 15% of the Charge (inclusive of the prevailing rate of VAT at the time) which may be reduced by promotional activities from time to time calculated based on each Ride;
means the estimated price of a Ride (calculated based Base Charge plus distance, time and traffic conditions) (which includes all applicable VAT);
means your User Number and password or any other piece of information provided as part of miwhip’s security procedures and set up during Registration;
means miwhip Unipessoal Lda, a company registered in Funchal, Madeira, company number 514847301;
means the various types of Ride available including mione, miwhip, miwhip+, miexec, milux, miwav, and/or mipink;
miwhip Operating Centre
means the miwhip Operating Centre for Registration and queries which is at 2 Western Avenue Business Park, Mansfield Road, London W3 0BZ;
means the technology services provided by us via the App which enable you to provide Rides and connect you with Riders;
means a private hire vehicle operated by you;
means the registration process on the App and your confirmation that you meet all registration criteria detailed in Part B paragraph 2.5;
means the registration documents required and which are detailed in Part B, paragraph 2.7 ;
means a booking (including relevant information) by a Rider for a Ride whom we connect you to on the App;
means a minicab transport service provided by you;
means a passenger who orders a Ride;
means the App used by a Rider to use miwhip Services;
means the Rider review of the transport service provided by you during a Ride;
means the payment of the Commission to miwhip;
means Transport for London;
means a provider of Rides and includes both companies licensed as minicab operators and individuals who hold a PHV licence;
means the unique user number provided to you by us when you complete Registration; and
means the period of midnight Friday to 23.59 Friday.
2 ABOUT US
2.1 We are miwhip Unipessoal Lda, a company registered in Funchal, Madeira, company number 514847301. Our registered office address is 1st Floor, No. 20 Rua Dr. Brito Camara, Funchal, Portugal 9000-039.
2.2 Your best form of contact is at the miwhip Operating Centre on:
2.2.1 phone on 0203 538 3636; or
2.2.2 by email at [email protected]
PART B – USING THE MIWHIP SERVICES
3 OUR services
3.1 We provide the miwhip Services via the App which help connect you with Riders to fulfil requests for a Ride.
3.2 Access and registration on the App allows you to access the miwhip Services provided by us which include:
3.2.1 connecting you with a Rider to you to complete a Ride;
3.2.2 retaining the booking, duration and location of the Ride and storing on the App for payment/record keeping purposes;
3.2.3 providing Transport for London with data regarding our miwhip Services; and
3.2.4 enabling you to contact us regarding any problems about a Ride.
3.3 You acknowledge that it is solely your responsibility to complete a Ride when we send the Reservation to you, to pick Riders up at the location specified via the App and drop them off at their requested destination. We are not liable or responsible for any actions of a Rider or your obligations to a Rider for the completion of a Ride.
3.3.1 You acknowledge that we provide technology application services via the App and we do not provide the Rides, which are provided solely by you/Transport Providers.
3.3.2 Your use of the miwhip Services creates a legally binding agreement between you and us, governed by these terms.
3.4 Occasionally our ability to provide the miwhip Services may be affected by an event outside our control. In this case we will make reasonable efforts to provide the miwhip Services despite the occurrence of the event. Where the event causes a delay to our performance of the miwhip Services, we will take steps to minimise the effect of the delay. If however the event prevents us from providing the miwhip Services at all or within a reasonable period of the date on which it was originally anticipated, then we may cancel this contract and provide you with a full refund (or, if only part of the miwhip Services were affected, a refund for the affected part of the miwhip Services).
4 registration AND ABOUT YOU
4.1 Please make sure that the details that you provide to us about yourself are complete and accurate.
4.2 Unless you tell us otherwise, our miwhip Services are provided only to you and for your own benefit, and we will not be under an obligation to provide the miwhip Services to any other person.
4.3 You acknowledge that we do not provide Rides which are only provided by you. The Ride is provided to Riders under a contract between you and the Rider (who we connect you with in the Reservation) and we are not a party to that contract. It is at your discretion to accept the Reservation we send to you and you are under no obligation to accept all Reservations offered to you via the App.
4.4 You acknowledge that you are an independent contractor and nothing in this contract shall render you an employee, worker, agent or partner of us and you shall not hold yourself out as such.
4.5 Before you are able to receive the miwhip Services you must complete Registration (via clicking the “registration process” in the App) and you warrant that:
4.5.1 you are at least 21 years of age and are resident in the United Kingdom and legally entitled to enter into contracts;
4.5.2 you have held a valid UK or EEA driving licence for at least 3 years without any penalty and for the applicable licence category for your PHV;
4.5.3 you hold a valid PHV licence issued by TfL (if your PHV licence was issued before 14 October 2016, you must possess a certain level of English language proficiency to be able to transport Riders from point A to point B and be able to read the road signs and announcements and communication from TfL);
4.5.4 your PHV is no more than 4 years old and is fully insured and meets the Euro 4 standards for emissions;
4.5.5 your PHV has a licence issued by TfL within the last 12 months
4.5.6 your PHV has had an MOT within the last 6 months, unless it is less than one year old;
4.5.7 you have completed all criminal check and Disclosure and Barring Service checks within the 90 days prior to Registration and have submitted these to us (if those checks, as part of your PCO licence application process, were not within the past 90 days we will arrange for these to be undertaken at our expense); and
4.5.8 you have suffered no serious medical issues since your medical check performed as part of the granting of your PCO licence.
4.5.9 As part of Registration you must have attended the sign up meeting with our administration team at the miwhip Operating Centre and also provide certain personal information, such as your name, address, mobile phone number, identification documents, recent photograph, and payment receipt details. You may only complete the Registration once and may not have multiple accounts, unless authorised by us.
4.5.10 At Registration you shall provide us with your Registration Documents which are:
4.5.11 PHV licence number;
4.5.12 where PHV licence was issued before 14 October 2016 evidence of your English language proficiency in a form acceptable to TfL;
4.5.13 DBS E-number;
4.5.14 current PHV MOT certificate (unless PHV is less than one year old and in which case you should provide a copy of the Vehicle Registration Certificate (V5c));
4.5.15 PHV licence number; and
4.5.16 PHV insurance documentation.
4.6 Once you have confirmed the above and signed up via the App, you will receive your User Number from us.
4.7 You agree that you shall hold and maintain the Registration Documents at all times and inform us immediately of any changes (including renewals and updates) to those documents. Failure to do so will result in immediate cancellation of access to the miwhip Services on the App.
4.8 Your User Number will assign you the relevant miwhip Brand and you may only operate and provide Rides under that miwhip Brand. You acknowledge that your provision of Rides under any miwhip Brand means you still enter into a contract with miwhip.
5 ACCESSING THE APP
5.1 Access to the App is permitted when available and we will not be liable if for any reason our App is unavailable, in whole or in part, for any reason, at any time or for any period.
5.2 You must treat all Identifying Information or any other piece of information provided as part of our security procedures as confidential and you must not disclose it to any third party. You agree to notify us immediately of any unauthorised use of the Identifying Information or any other breach of security.
5.3 You are responsible for all activity that occurs using the Identifying Information issued to you and you may be held liable for losses incurred by you, us or any other user of or visitor to the App due to any use connected with your Identifying Information, whether or not that use has been made by you.
5.4 We have the right to disable your rights of access to all or parts of the App, at our sole discretion, if in our opinion you have failed to comply with any of the provisions of these terms.
5.5 Any content you upload to the App will be considered non-confidential and non-proprietary and you grant us a perpetual irrevocable licence to use, copy, distribute, amend and/or disclose to third parties any such content for any purpose.
5.6 We may suspend your use of the App in circumstances where we are of the opinion that your continued use of the App would cause us liability, would cause us to breach any law, or endangers our systems. We shall not be liable to you in respect of any such suspension.
5.7 You can log on to the App using the User Number and a passcode (chosen by you) and will be enabled to access all of the miwhip Services on the App.
5.8 You must use a GPS enabled device to use the miwhip Services and it is your responsibility to ensure that your device is compatible with the App. We will not be responsible for any malfunction of your device and we do not provide you with any type of device. We recommend that you use a device with an unlimited or high mobile data plan.
PART C – DRIVING WITH MIWHIP AND PROVIDING RIDES
6 pROVIDING A RIDE
6.1 You are under no obligation to log on to the App at any particular time or for any minimum period. Once you have logged onto the App you will begin to receive the miwhip Services and we will send Reservations to you. The Reservation will inform you of the distance to the Rider pick up location and the duration of your journey there. You are under no obligation to accept Reservations at any time or to accept a minimum number of Reservations. It is entirely your discretion to accept a Reservation by clicking the “accept Reservation” function on the App or to decline or ignore Reservations.
6.2 Once you have accepted the Reservation you will receive certain other information about the Rider, such as their first name and photograph. You acknowledge that the Rider will then receive the following information about you:
6.2.1 first name;
6.2.3 London PHV licence number;
6.2.4 vehicle registration number;
6.2.5 Estimated Price; and
6.2.6 estimated time of your arrival at the pick up location.
6.3 Once you arrive at the pick up location the Rider will receive a push notification informing them that you have arrived. We recommend that you wait at least 5 minutes from your arrival time for the Rider to arrive at your PHV.
6.4 Once you have accepted a Reservation you may only cancel this in the circumstances detailed below in
Part D, paragraphs 14 and 15 below.
6.5 You may contact a Rider using the function via the App to inform them you are waiting. However, you agree that you will not request a Rider’s personal details or contact a Rider for any reason other than to begin the Ride.
6.6 Once the Rider is safely in your PHV you may commence the journey by clicking the “Start Ride” function on the App and you will be notified of the Rider’s destination. This commences the Ride and you agree that this creates a legally binding agreement between you and the Rider. You acknowledge that we do not provide the Ride and it is your obligation to the Rider to complete the Ride in the most safe, efficient and professional way.
6.7 You must not (unless specifically requested by the Rider) allow other persons into your PHV for the Ride.
6.8 The route that you take to the destination is a matter for your professional discretion, taking account of your knowledge of the area and your driving experience. You should treat each Rider fairly and (unless the Rider specifically requests otherwise) use the quickest and/or most efficient route. The App may recommend a route but we provide no guarantee that this is the fastest or most efficient route. You may use alternative apps or devices (for example Waze) to help you plan your route, or take account of suggestions made by the Rider, but you agree to be ultimately responsible for choosing the route and not to rely on us, the Rider or any app or device in doing so.
6.9 You acknowledge and agree that you shall not provide any Rides for a period in excess of 60 hours per Week. Access to the App will be restricted if you have made 60 hours of Rides in a Week and continuous completion of Rides up to this limit will result in immediate cancellation of access to the miwhip Services on the App.
7 yOur AVAILABILITY
7.1 You are not required to be available at all times to use the miwhip Services, to log on to the App and provide Rides. You may log on and off the App as desired. Further, once you are logged onto the App, you are under no requirement to accept a minimum number of Reservations and there is no penalisation for rejection by you of Reservations.
7.2 We agree that you are not required to exclusively use the App and you have the right to (when both logged on and off the App) use other app based or traditional taxi services using your PHV. You have the right to engage in other business activities, provided that doing so does not place you in breach of your agreement with us or with the Rider.
8 DURING THE RIDE
8.1 You acknowledge that:
8.1.1 you shall provide the Ride using all the highest standards of skill, professionalism and safety;
8.1.2 you are at all times medically fit to drive and shall not drive while under the influence of alcohol or drugs;
8.1.3 your PHV remains owned by you and is suitable to provide any Rides;
8.1.4 your PHV is kept in an clean condition (both inside and out); and
8.1.5 your PHV is maintained mechanically and safely roadworthy to an optimum condition required to perform a Ride.
9 AFTER THE RIDE
9.1 You acknowledge that following the Ride the Rider will be prompted to rate the transport service they have received and provide any feedback. This will provide your Score. We expect that you provide the Ride according to these Terms and recommend you adhere to the standards set out in them. We will not share your Score with third parties.
9.2 We will send you a monthly report regarding your Score (“Score Report”) via the App. You agree that you shall provide the Rides in accordance with the highest standards in order to achieve and maintain a high Score. Should you consistently provide a poor service which is reflected by a poor Score Report we reserve the right to terminate this contract.
9.3 Likewise you will be prompted to rate the Rider on their behaviour during a Ride. The Rider’s score will be linked to promotional and loyalty codes, so we ask that you rate Riders reasonably and in good faith.
10 Changes to the MIWHIP Services
10.1 You acknowledge that we may from time to time change our miwhip Services to better meet customer demand, take account of changes in the market, reflect changes in the law or for any other reason.
Changes affecting our miwhip Services
10.2 Where we cannot continue to provide the miwhip Services to you as originally engaged with on the App, for example because a change in law makes it unlawful for us to do so or because it would be practically or commercially unviable for us to continue providing the previous version of the miwhip service to you, we will let you know.
11 Price and payment
11.1 The App is free to download from the Apple App store or Google Play store.
11.2 You can receive payment for each Ride via the Charge made to each Rider.
11.3 The Estimated Price is shown to you on the App (and to the Rider) after you have accepted a Reservation. We take all reasonable care to ensure that the Estimated Price indicated to you is correct. However you acknowledge that this may change due to traffic and duration changes during the Ride. Estimated Prices may also change during periods of high demand. The final Charge will be sent to you on completion of the Ride.
11.4 The Charge is a recommended amount calculated by us to indicate to Riders the cost of a Ride. You have the right to make a charge that is less than the Charge or, where a Rider requests it, you can agree a charge that is less than (but not more than) the Charge and we will consider such requests by you.
11.5 In consideration for our provision of the miwhip Services to you, you agree to pay us the Services Payment.
11.6 You acknowledge that we reserve the right to amend the Commission rate at any time due to any regulatory or market factors. We will provide you with 7 days’ notice of any change to the Commission.
11.7 We facilitate payment of the Charges via the App on your behalf. Ordinarily, and unless you opt for instant payout, we shall transfer you all Charges (including Cancellation Charges, see
Part D below) collected in cleared funds from Riders (less the Services Payment) to you each Tuesday in regard to those Charges for the preceding Week.
11.8 You acknowledge that the Charge is the only payment you will receive for the Ride. All payments must be made by the Rider through their own account and you cannot accept cash payments or tips.
11.9 After the completion of a Ride we will send you an invoice showing the Ride route, the duration of the Ride, the Charge and the Services Payment owed by you.
11.10 If a Rider disputes any Charge amount, we will withhold payment in relation to that Charge until the matter is resolved and you acknowledge that we may make an amendment to the Charge based on Rider feedback.
12 OTHER FEES
12.1 You may be entitled to other cancellation fees where a Rider cancels a Ride. Please see
Part D below.
12.2 You shall be responsible for the general upkeep and cleaning of your PHV. However, where a Rider has materially damaged or stained your PHV during a Ride you may charge for costs required for repair to or additional valet services for your PHV.
12.3 We require you to send evidence (such as photos and receipts) of those costs to us via the App and we will aim to facilitate the payment of those reasonable costs to you.
PART D – HOW A RIDE MAY BE CANCELLED AND ENDING THIS CONTRACT
13 CANCELLATION BY A RIDER
13.1 A Rider may cancel the Ride prior to your arrival without giving any reason. This may result in a Cancellation Charge to the Rider as follows:
13.1.1 If a Rider cancels within 2 minutes of confirmation of the Reservation – no Cancellation Charge;
13.1.2 If a Rider cancels over 2 minutes from the confirmation of the Reservation – £5 Cancellation Charge; or
13.1.3 If a Rider cancels during the Ride – the Cancellation Charge will be the cost of the Ride up until that point.
14 CANCELLATION BY YOU
14.1 Once you have accepted a Reservation you may only cancel in the following circumstances;
14.1.1 if the you cannot get in touch with the Rider or you cannot confirm their location (for whatever reason) within 5 minutes after your arrival at the pick up location – £5 Cancellation Charge;
14.1.2 if due to unforeseen circumstances such as traffic conditions you cannot get to a Rider location within a reasonable time period – no Cancellation Charge;
14.1.3 if the Rider does not show up at the agreed pick up location within 5 minutes of your arrival – £5 Cancellation Charge (The Charge will commence being calculated from 2 minutes after your arrival at the pick up location until this 5 minute Cancellation Charge).
14.2 You may receive a Cancellation Charge if the Rider cancels the Ride 2 minutes after confirmation of the Reservation.
14.3 We will facilitate the payment of all Cancellation Charges directly to you. You acknowledge that the Cancellation Charge is the only deemed charge you shall receive for that Ride.
14.4 The Cancellation Charge is a recommended amount calculated by us to indicate to Riders your wasted costs in the event a Ride is cancelled. You have the right to make a charge that is less than the Cancellation Charge or, where a Rider requests it, you can agree a charge that is less than (but not more than) the Cancellation Charge and we will consider such requests by you.
15 OUR RIGHTS TO END THE CONTRACT
Ending the contract due to your breach
15.1 We may cancel the contract and stop providing the miwhip Services in the following circumstances:
15.1.1 where you are not eligible to receive the miwhip Services, for example because you are not resident in the United Kingdom;
15.1.2 where we do not have sufficient capacity to provide the miwhip Services to you;
15.1.3 if you fail to comply with these terms in a way that has a serious effect on us;
15.1.4 you do not provide, renew or update the Registration Documents; or
15.1.5 if we discover that you gave us incorrect information when you completed your Registration.
Ending the contract for other reasons
15.2 We may end this contract if an event outside our control happens which means that we cannot provide the services as expected (see
Part B, paragraph 4.6).
15.3 We may also cancel the contract at any time on not less than 7 days’ written notice to you at any time. In this case we will stop providing the miwhip Services, and our contract with you will end, from the end of that period.
PART E – GENERAL
16.1 These Terms do not constitute a contract of employment and accordingly you shall be fully responsible for and shall indemnify us for and in respect of:
16.1.1 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with access to the App. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable to you in connection with or in consequence of any such liability, deduction, contribution, assessment or claim; or
16.1.2 for and in respect of any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought against us arising out of or in connection with your access and use of the App.
17 QUERIES, PROBLEMS OR COMPLAINTS
17.1 If you have any queries about the App or the miwhip Services please call 0203 538 3636 or by emailing us at [email protected] or visit us at the miwhip Operating Centre and we will do our best to help you.
17.2 If you believe that you have been not received a Cancellation Charge, the correct Charge or any vehicle cleaning charge, then please use the relevant query function on the App.
Other legal remedies
17.3 We take our legal responsibilities very seriously and have prepared these Terms in accordance with your legal rights. The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.
Limits of our responsibility
17.4 We are not responsible to you for the following types of loss or damage:
of a kind that we could not reasonably have foreseen;
arising out of receipt of the miwhip Services for commercial/business or re-sale purposes (for example the delivery of items);
which results from you failing to comply with these Terms or making use of the miwhip Services in a way or for a purpose other than that which was intended or agreed;
arising out of the unavailability of the miwhip Services;
arising out of the contract formed between you and the Rider for the transport/taxi services provided during a Ride;
to your PHV;
any loss of profit or loss of business, contracts, reputation and any loss that may arise from interruption of the business and/or any other type of indirect or consequential loss; and
of a type that would normally be expected to arise as a result of the miwhip Services being provided, where the fact this loss or damage would occur or be likely to occur was obvious or was drawn to your attention before you accepted a Reservation.
However, nothing in this paragraph 2.4 or otherwise in these terms is intended to limit or exclude our liability for death or personal injury caused by negligence, for breach of your legal rights in relation to the miwhip Services or otherwise where we are not permitted to limit or exclude our liability by law.
18 How we may use your personal information
18.1 We will use the personal information you provide to us to supply the miwhip Services to you, to process payments and provide you with support for the miwhip Services.
18.2 If you choose to receive information about our other products and services we believe may be of interest to you then we may use your personal information for these purposes. You may stop receiving these communications at any time by contacting us and letting us know that you want to unsubscribe.
18.3 We will only give your personal information to third parties where the law either requires (for example an insurance claim following an accident) or allows us to do so.
19 Other important terms
19.1 Any contract for miwhip Services formed will be between you and us. No other person shall have any rights to enforce any of its terms. You acknowledge the contract between you and the Rider for the provision of a Ride is a separate contract.
19.2 All trade marks, company names, logos and service names including the “miwhip” trade mark and all intellectual property contained within the App and miwhip Services shall remain our property. Nothing in these Terms grants to you any rights related to those.
19.3 We may update these Terms from time to time on written notice to you. Where we do so, we will let you know at least 14 days before the change occurs and provide a copy of the new terms via the App. You will then have the right to refuse to agree to the change and cancel the contract at any time within 14 days of receiving the notification of the change. If you do not then we will consider that you are agreeable to the new terms and the new terms will come into effect from the date that we notified to you.
19.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 These terms are governed by English law and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your order, including any problems with the services, in the English courts.