Terms and conditions

Please contact us if you have any questions about our terms and conditions.

By signing up to and using the WAEV Marketplace (“Marketplace”) you agree to observe and be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions, you should not sign up the Marketplace.

When using the Marketplace, you agree to observe and be bound by the following Terms and Conditions.

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Information about us

The WAEV Marketplace is a web application operated by WAEV Ltd (“We”). We are registered in England and Wales under company number 11799735 and have our registered office at 305 Regents Park Road, Finchley, London, England, N3 1DP.

We are a software company which connects independent licensed drivers to bookings.

You can contact us:

• by post, using the postal address given above.
• by telephone, on the contact number published on our Marketplace from time to time; or
• by email, using the email address published on our Marketplace from time to time.

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Terms of use

Disclaimer

This Marketplace is designed for information purposes only and you acknowledge that you are solely responsible for the use of it.

Whilst We will take all reasonable care to ensure that the content on this Marketplace is accurate, complete and up to date, we do not guarantee or represent that the content and/or facilities available or accessible via this Marketplace will always be accurate, complete or up to date or that access to it will be uninterrupted.

1. Interpretation

1.1. In these terms and conditions:

• “We” means WAEV Ltd (and “us and “our” should be construed accordingly).
• “You” means Independent Driver or prospective Independent Driver under these Terms and Conditions (and ““Your” should be construed accordingly)
• “Independent Driver” means an individual licensed Hackney Carriage driver or Private Hire Operator with no more than one vehicle on its fleet, obtained through the relevant local authority in the United Kingdom.
• “Marketplace” means the web application managed and operated by WAEV Ltd via www.waev.co.uk and related sub-domains.
• “Dynamic Purchasing System” means the procurement framework managed and operated by the Home to School Team at County Councils, where relevant.

2. No warranties

2.1. This Marketplace and its contents are provided on an “as is” basis and without any representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom or otherwise) as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness of this Marketplace or its content or that the Marketplace or the content will be provided uninterrupted, error free or free from viruses, trojan horses or other harmful material.

2.2 To the fullest extent permitted by law, We shall not be liable to any person or entity for any loss or damage including any consequential or indirect losses or damages or loss of profit which may arise in tort, contract or otherwise and arising out of or in relation to the use of any content on this Marketplace or access to this Marketplace or its unavailability.

3. Intellectual property rights

3.1. The intellectual property rights (including but not limited to copyright, design rights, trademarks, and patents) in this Marketplace and the content posted on this Marketplace remain the property of WAEV Ltd or the rightful content owner, as the case may be. All such rights are reserved. Except as permitted under applicable law you may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create derivative works derived from this Marketplace or the content or any part thereof without the prior written permission of WAEV Ltd.

4. Independent Driver Conduct

4.1. Except for personally identifiable information / personal data, the processing of which is covered under WAEV’s Privacy Policy, any material, or communications you send to this Marketplace shall be considered non-proprietary and not confidential. Unless you advise to the contrary, we will be free to copy, disclose, distribute, incorporate, and otherwise use such material for any and all purposes.

4.2. When participating in this Marketplace, you shall not post or send to or from this Marketplace any material:

• for which you have not obtained all necessary consents, permissions, or licences.
• that is discriminatory, obscene, pornographic, of a sexual nature, abusive, irrelevant, potentially libellous, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the laws of England and Wales. 

4.3. We will fully co-operate with any law enforcement authorities or court order legally requiring us to disclose the identity or other details of any person posting material to this Marketplace in breach of paragraph 4.2. or any other Clause within these Terms and Conditions.

4.4. We have the ultimate discretion to deem whether such material referenced in Paragraph 4.1., or any other material, is inappropriate, unsuitable or in breach of any of our commercial agreements currently in place, or libellous to WAEV Ltd or any of our associated parties.  In the event where We decide that such material is in breach of Paragraph 4.1 or any other Clause in these Terms and Conditions, We may decide to remove, delete, or block such content.

4.5. You agree not to:

• attempt to interfere with the proper working of this Marketplace or to monitor use of this Marketplace without our prior written permission.
• take any action that imposes an unreasonable or disproportionately large load on this Marketplace infrastructure.
• decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within this Marketplace (except that these restrictions only apply to the extent permitted by law).
• use any network monitoring or discovery software to determine this Marketplace architecture or extract information about usage, individual identities, or users.
• scrape, extract, download, upload, sell or offer for sale any of this Marketplace material or to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of this Marketplace material.
• bypass robot exclusion headers or other similar measures that we may use to restrict access to, or caching of, this Marketplace.
• remove any copyright or trademark notices from any of this Marketplace material.
• circumvent, disable, or otherwise interfere with any security-related features of this Marketplace including any features designed to prevent, limit, or restrict use or copying of any Marketplace material; and/or
• to distribute, reproduce, modify, store, transfer or in any other way use any of this Marketplace material (including as part of any database, library, news, information, archive, website, or similar service) other than as set out above.

5. Quotes

5.1. You agree that the quotes You submit via the Marketplace will be shared with approved operators, who may include the quotes as part of its participation in a Dynamic Purchasing System, as managed by the relevant County Council.

5.2. When using the quote mechanism for this Marketplace, You shall only submit prices relevant to You as an Independent Driver and not on the behalf of another Independent Driver.

5.3. Quotes shall be a fair and reasonable price to which you as an Independent Driver will be bound if Your quote is successful.

6. Links

6.1. This Marketplace may contain links to other websites solely for the convenience of users of this Marketplace. If You use these links, You will leave this Marketplace.

6.2. We do not endorse any such linked sites and assumes no responsibility for the contents of any other website to which this Marketplace offers links.

6.3. You may not link to any part of this Marketplace without prior written consent from us and We reserve the right to withdraw such consent at any time.

7. Communication

7.1. You agree to be communicated regarding potential home to school contract opportunities from time to time via the following modes of communication:

• WhatsApp messaging service.
• Text message.
• Telephone.
• Email.

7.2. Communication preferences can be changed at any time by contacting us at: contact@waev.co.uk.  

7.3. Our emails have a legal disclaimer contained within. Any email sent by, or on behalf of WAEV Ltd, is confidential, legally privileged, and is sent for the personal attention of the intended recipient only. If You have received an email in error, You are asked to delete it immediately. Opinions, conclusions and other information in any email and any attachments which have not been prepared by us are neither given nor endorsed by it.

8. Privacy Policy and Cookies

8.1. We process all personal data collected through this Marketplace in accordance with our Privacy Policy. By accepting these Terms and Conditions, You warrant that You have read and understood our privacy policy. Please click here to view.

9 Data Protection and GDPR

9.1. You warrant that, as an individual business, You have the necessary data protection and GDPR protocols in place to process personal data, where applicable.  For more information on DPA 2018 and it affects you, see here: https://ico.org.uk/for-organisations/guide-to-data-protection/. For more information on UK GDPR, and how it affects you, see here: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/.

10. Law and Jurisdiction

10.1. You agree that these Terms and Conditions and any claim relating to the use of this Marketplace and the content will be governed and construed in accordance with the laws of England and Wales.  The courts of England and Wales shall have exclusive jurisdiction in respect of any dispute arising from, or related to in anyway, access to this Marketplace.

11. Warranties and Representations

11.1. You warrant and represent to us that:

• you have full authority, power, and capacity to agree to these terms and conditions; and
• all the information and details you provide to us in connection with your sign-up is true, accurate, complete, current, and non-misleading.

11.2. We warrant to you that:

• the information provided to you will be a reasonable reflection of corresponding home to school contracts; and
• we will communicate contract opportunities to You in a timely manner.

11.3. All warranties and representations relating to the information We provide are set out in these Terms and Conditions. To the maximum extent permitted by applicable law and subject to Clause 11.1, all other warranties and representations are expressly excluded.

12. Limitations and Exclusions of Liability

12.1. Nothing in these Terms and Conditions will:

• limit or exclude any liability for death or personal injury resulting from negligence.
• limit or exclude any liability for fraud or fraudulent misrepresentation.
• limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law,

12.2. The limitations and exclusions of liability set out in this Clause 12 and elsewhere in these Terms and Conditions:

• are subject to Clause 12.1; and
• apply to all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

12.3. We will not be liable to You in respect of any losses arising out of any event or events beyond our reasonable control.

12.4. We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

12.5. We will not be liable to You in respect of any loss, corruption of any data, database, or software, special, indirect, or consequential losses, or damages, providing that if you contract with us under these Terms and Conditions, this Clause 12.5 shall not apply.

12.6. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; You agree that You will not bring any claim personally against our officers or employees in respect of any losses You suffer in connection with the Marketplace or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Variation

13.1. We may revise these Terms and Conditions from time to time by publishing a new version on our Marketplace. You are advised to check these Terms and Conditions regularly for any such changes.

13.2. A revision of these Terms and Conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.

14. Assignment

14.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

15. No waivers

15.1. No breach of any Clause of a contract under these Terms and Conditions will be waived except with the express written consent of the party not in breach.

15.2. No waiver of any breach of any Clause of a contract which forms part of these Terms and Conditions shall be construed as a further or continuing waiver of any other breach of that Clause or any breach of any other Clause of that contract.

16. Serverability

16.1. If a Clause of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses will continue in effect.

16.2. If any unlawful and/or unenforceable Clause of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect.

17. Third Party Rights

17.1. A contract under these Terms and Conditions is for our benefit and Your benefit and is not intended to benefit or be enforceable by any third party.

17.2. A party who is not a party to these Terms and Conditions has no right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of these Terms and Conditions or subsequent contract that forms part of these Terms and Conditions.

18. Entire Agreement

18.1. Subject to Clause 12.1, these Terms and Conditions shall constitute the entire agreement between You and us in relation to the access to and communication of home to school contracts via the Marketplace and shall supersede all previous agreements, understandings, or discussions (oral and written) between You and us in relation to access and communication related to home to school contracts.

19. Statutory and regulatory disclosures

19.1. We will not file a copy of these Terms and Conditions specifically in relation to each Independent Driver if we update these Terms and Conditions. The version to which you originally agreed will no longer be available on our Marketplace. We recommend that you consider saving a copy of these Terms and Conditions for future reference.

19.2. These Terms and Conditions are available in the English language only.