Driver App Terms & Conditions

This contract is effective from 8th August between:

Registered office address

7 Bell Yard, London, England, WC2A 2JR

Company number 14495591

Together collectively known as the “Parties”.

On 8 the August (“Effective Date”).

2 Overview

2.1 This agreement represents a Service Level Agreement (SLA or Agreement)

between VOOM DELIVERY and the VOOM DELIVERY Driver Partner

2.2 This Agreement remains valid until superseded by a replacement

2.3 This Agreement outlines all Services provided by the VOOM DELIVERY Driver Partner

3 Drivers Rights

3.1 VOOM DELIVERY does not tolerate, or condone in any form, slavery, servitude, forced

labour, or human trafficking. All VOOM DELIVERY Driver Partners must be treated with dignity

and respect. No VOOM DELIVERY Driver Partner must be exposed to any inappropriate or

unlawful conduct, including but not limited to verbal, psychological, physical

and/or sexual abuse, coercion, or harassment. VOOM DELIVERY Driver Partner’s rights, and

obligations in relation to VOOM DELIVERY Driver Partners generally, should be clearly set out

in the form of a contract that respects all applicable laws, regulations, and trade

agreements, and honoured by both Parties.

3.2 No limits should be set for any VOOM DELIVERY Driver Partner on their freedom of

contracting with other business entities, other than those recognised by

applicable laws and regulations.

4 Services to be Provided

4.1 The following services are covered by this agreement.

a) 24 hours a day, 7 days a week. 365 days per year
b) Clean Vehicles
c) All journeys recorded on the account and invoiced to VOOM DELIVERY customers on a

single documented invoice that should include a detailed analysis of each job

including destination

5 Privacy Notice

5.1 VOOM DELIVERY collects, uses, and discloses information from or about You as described in

VOOM DELIVERY’s Privacy Notice. Additional Privacy Notices may apply, including from Third

Party Controllers. We shall notify You when such notices apply to You.

6 Payment Terms

6.1 Payment for services will be made Weekly every Friday.

6.2 In the event of a disputed payment, the VOOM DELIVERY Driver Partner must produce

evidence for VOOM DELIVERY to raise a dispute with its contracted partner. VOOM DELIVERY & it’s

partner(s) endeavour to resolve any disputes as quickly as is practicably possible

7 Liability

7.1 VOOM DELIVERY’s liability to the VOOM DELIVERY Driver Partner for all losses, damages, costs, claims

and expenses howsoever arising shall be limited in the aggregate to £100.00

7.2 VOOM DELIVERY relies on third party providers (such as network providers, data centres

and telecommunication providers) to make the Marketplace available. Whilst

VOOM DELIVERY takes all reasonable steps available to it to provide the VOOM DELIVERY Driver Partner

with a good level of service, the VOOM DELIVERY Driver Partner acknowledges and agrees

that VOOM DELIVERY does not warrant that the Marketplace shall be uninterrupted or fault

free at all times. VOOM DELIVERY therefore shall not be liable in any way for any losses the

VOOM DELIVERY Driver Partner may suffer as a result of delays or failures of the Marketplace

as a result of its service providers.

7.3 Subject to the exceptions set out below, VOOM DELIVERY shall not be liable for losses that

result from its failure to comply with these terms that fall into the following

categories:

a) consequential, indirect or special losses;
b) loss of profits, income or revenue;
c) loss of savings or anticipated savings, interest or productions;
d) loss of business or business benefits;
e) loss of contracts;
f) loss of opportunity or expectations;
g) loss of goodwill and/ or reputation;
h) loss of marketing and/or public relations time and/or opportunities; i) loss of

data; j) loss of management or office time, or any other losses howsoever arising

and whether caused by tort (including negligence), breach of contract or

otherwise, even if foreseeable.

7.4 Nothing in these terms shall limit in any way VOOM DELIVERY’s liability:

(a) for death or personal injury arising from its own negligence;

(b) for a person acting in their capacity as a consumer under section 2(3) of the

Consumer Protection Act 1987;

(d) for any matter for which it would be illegal for VOOM DELIVERY to exclude, or attempt to

exclude, its liability.

8 Insurance

8.1 VOOM DELIVERY Driver Partner(s) has ‘Hire and Reward’ insurance to cover damages and

losses for goods or people dependent on the job, (private hire or delivery)

excluding food, whilst in transit in line with industry standards.

9 Compliance with Data Protection. GDPR, Ethical Standards

9.1 The VOOM DELIVERY Driver Partner warrants that it will comply with all Data Protection

and

associated legislation in force in England and Wales, which may be updated from

time to time. This includes any applicable laws relating to the processing, privacy,

and use of personal data, as applicable to VOOM DELIVERY and or its partner(s), the

Marketplace, the Customer, the Driver and/or the Driver Services as applicable,

including the UK Data Protection Act 2018 and the General Data Protection

Regulation (EU) 2016/679 and/ or any corresponding or equivalent national laws

or regulations.

9.2 For the purposes of GDPR, VOOM DELIVERY is a Data Processor by way of its contractual

obligations to deliver services to the VOOM DELIVERY Driver Partner.

9.3 VOOM DELIVERY is committed to adhering to the highest ethical standards, which

includes tackling Modern-Day Slavery within our business and supply chain,

including our people, partners, contractors, and drivers, and promoting the safety

and wellbeing of our people. VOOM DELIVERY has implemented policies, procedures, and

controls to identify Modern Day Slavery within our organisation, including:

Training our people to identify potential Modern Day Slavery threats and

instances

Whistleblowing and how to report a suspected case
Ensuring that our suppliers have a robust Anti Modern Day Slavery Policy in

place

and share our beliefs and ethical working practices

Ensuring that the people who work for us have the required legal

documentation

to do so and to safeguard our people against abuse or coercion

Continuing to take action to embed a zero-tolerance approach to this within

our organisation.

10 Intellectual Property Rights

10.1 VOOM DELIVERY and/or its partner(s) retains the rights to all intellectual property for the

Marketplace and all VOOM DELIVERY and or its partner(s) brands, logos, trademarks, and

images. The VOOM DELIVERY Driver Partner has no intellectual property rights in, or to, the

Marketplace, save that VOOM DELIVERY hereby grants a non-exclusive, non-transferable,

limited licence to the extent strictly necessary to access and use the Marketplace

in accordance with these Terms.

10.2 Without limiting the generality of the above, the VOOM DELIVERY Driver Partner is

expressly prohibited from:

(a) reproducing, copying, editing, transmitting, uploading, or incorporating into

any other materials, any of the Marketplace including, without limitation, any

information, articles, photographs, images, or submissions made available to You

using the Marketplace; and

(b) removing, modifying, altering, or using any registered or unregistered marks/

logos/ designs owned by VOOM DELIVERY and or its partner(s) and/ or its licensors and doing

anything which may be seen to take unfair advantage of the reputation and

goodwill of VOOM DELIVERY and or its partner(s) or could be considered an infringement of

any of the rights in the intellectual property owned by and/ or licensed to VOOM DELIVERY

and or its partner(s).

11 Force Majeure

11.1 Neither Party shall be in breach of these terms nor liable for delay in

performing, or failure to perform, any of its obligations under these terms if such

delay or failure result from events, circumstances or causes beyond its reasonable

control, including but not limited to any of the following:

(a) Acts of God, flood, earthquake, windstorm or other natural disaster;

(b) epidemic or pandemic;

embargo, breaking off of diplomatic relations or similar actions;

(d) terrorist attack, civil war, civil commotion or riots;

(e) nuclear, chemical or biological contamination or sonic boom;

(f) any law or government order, rule, regulation or direction, or any action taken

by a government or public authority, including but not limited to imposing an

embargo, export or import restriction, quota or other restriction or prohibition, or

failing to grant a necessary licence or consent;

(g) fire, explosion (other than in each case one caused by a breach of contract by,

or assistance of, the Driver) or adverse weather conditions;

(h) interruption or failure of utility service, including but not limited to electric

power, gas or water;

(i) any labour dispute, including but not limited to strikes, industrial action or

lockouts;

(j) non-performance by suppliers; and

(k) collapse of building structures, failure of plant machinery, machinery,

computers or vehicles.

12 Relationship of the Parties

12.1 The Parties acknowledge and agree that the services performed by the VOOM DELIVERY

Driver Partner, its employees, agents or sub-contractors shall be as an

independent contractor and that nothing in this Agreement shall be deemed to

constitute a partnership, joint venture, agency relationship or otherwise between

the Parties.

13 Dispute Resolution

13.1 In the event of a dispute, we would ask that a complaint be raised using the

following contact details VOOM DELIVERYdriver@VOOM.uk In the unlikely event that we cannot

resolve the dispute we will work with You to discuss a way forward to resolve the

dispute, which may include mediation. VOOM DELIVERY’s right to refer the dispute to a court

is expressly reserved. VOOM DELIVERY does not commit to using an online dispute platform

to resolve disputes.

14 Confidentiality

14.1 Confidential Information includes, but is not limited to, either Party’s:

(1) business plans, methods, and practices;

(2) personnel, customers, and suppliers;

(3) inventions, processes, methods, products, patent applications, and other

proprietary rights; or

(4) specifications, drawings, sketches, models, samples, tools, computer

programmes, technical information, intellectual property or other related

information. Information is not deemed to be Confidential Information if it is

already in the public domain. Confidential Information includes this Agreement

and its contents.

14.2 Confidential Information shared between the Parties should not be divulged

or disclosed to any other party, whether by intention or accident, except as

required by a Court of Law. Both Parties warrant that they have due processes

and procedures in place to ensure the safety and security of the Confidential

Information.

14.3 The VOOM DELIVERY Driver Partner shall ensure that each of its employees, officers,

directors, or agents who has access to Confidential Information is informed of its

confidential nature and is required to abide by the terms of this Agreement. The

VOOM DELIVERY Driver Partner shall promptly notify the disclosing Party of any disclosure of

such Confidential Information in breach of this Agreement.

14.4 All Confidential Information disclosed to the VOOM DELIVERY Driver Partner remains the

property of VOOM DELIVERY VOOM DELIVERY and or its partner(s) and nothing contained in this Agreement

shall be construed as granting or conferring any rights to such Confidential

Information.

This agreement is governed by the laws of England and Wales.

Appendix 1 – Services to be Provided

The VOOM DELIVERY Driver Partner will be given the ability, and support from VOOM DELIVERY to

service

orders on behalf of VOOM DELIVERY or its Customer.

Should the VOOM DELIVERY Driver Partner fail to meet the agreements set out in the

Service Level Agreement, as set out in Clause 4 of this Agreement, then The

Company retains the right to reassign the Customer relationship and

responsibilities and Services with the Customer to The Company or to another

Operator, including all services, where relevant Commission obligations may also

cease.

This will be instructed in writing should the SLA be found to be in breach.
Customers that have been solicited to and have registered with VOOM DELIVERY and or its

partner(s) may not be solicited by the VOOM DELIVERY Driver Partner or the Contractor under

any circumstances for a period lasting until 1 (1) year following the termination of

this agreement.

VOOM DELIVERY Driver Partner will be expected to keep a delivery on time in full, (the

successful collection and delivery of service within the time frames set out on the

order) for all Customer Deadlines set via the Platform by The Customer.

Any time that incidents of a serious nature occur, then VOOM DELIVERY will retain the

right to review the Term of this Agreement. An incident of serious nature may

include but is not limited to: Threats of an aggressive or violent nature, whether

written or verbal, to the Customer, The Company or other Persons or Entities;

Gross negligence resulting in physical harm to the Company, an Entity or other

Person or Entities; Physical violence in any form; Gross negligence resulting in

damages to property, loss of property or failure to meet any of the Terms

stipulated in this Agreement; Aggressive or threatening behaviour, including the

use of foul language; Failure to complete Service obligations as set out in orders

for Services by the Customer as inputted via the Platform.

Any time it is deemed by the Customer or by the Company that management

of any Customer account has become negligible, by a lack of care, attention or

due diligence, will be considered to be a breach of the Service Level Agreement

set out in Clause 4 of this Agreement, and may result in the activation of Clause

3.2 of this Agreement.

Appendix 2 – Service Charges

Fees

5.1 VOOM DELIVERY will charge the VOOM DELIVERY Driver Partner a commission of 10% on the weekly

statements for all work other than corporate account work that will be command

a commission of 20% stating the deliveries completed.

5.2 Any payments/fees for services outside of this agreement will be agreed on a

case by case basis.

Procurement

It is agreed by the VOOM DELIVERY Driver Partner that all materials, vehicles, supplies,

licencing

and documentation and any other aspects required to perform services in the UK

legally are to be supplied by the VOOM DELIVERY Driver Partner, Operator or the Transport

Partner and the Company will not provide any materials, vehicles, supplies,

licencing and documentation.

Staffing

The VOOM DELIVERY Driver Partner agrees that it shall pay all of its Transport Partners fairly

for any services carried out via the Platform and will hold responsibility for the

wellbeing and fair treatment of its Affiliated Transport Partners. It also

understands that The Company will not be responsible for any failure to provide

fair payment to Transport Partners.

Appendix 3 – Key Contact Personnel

For VOOM DELIVERY:

Email: VOOM DELIVERY @VOOM.uk

Tel: +

Appendix 4 – Billing Details

VOOM DELIVERY Driver Partner to provide the following:

Contact details for payments:

Full Name

Bank Name

Bank Account Number and Sort code