Driver/Hero TERMS OF SERVICE

Last Updated Tuesday 25th June 2019

VanHeroes Service Providers Terms of Service
 


Welcome to VanHeroes, the app from VanHeroes Limited. ("VanHeroes," "we," "us," or "our") that connects you with service providers (each, a "Hero") who will help you with van services or labour only.


These Terms of Service ("Terms") apply to your access and use of the mobile application (the "App"), website ("Site") and other online products and services (collectively, the "VanHeroes Platform") of Tote.


Accepting these Terms


BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE VANHEROES PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW.

 

Please read all of the terms before you use the VanHeroes Platform. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the VanHeroes Platform.


Modifications
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. It is your responsibility to ensure you keep up to date with the latest version of these terms. 


Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the VanHeroes Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.


Privacy Policy
For information about how we collect, use and share information about users of the VanHeroes Platform, please see our Privacy Policy at https://www.vanheroes.co.uk/privacy-and-cookies-policy


Creating Accounts
When you create an account, you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any VanHeroes Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. VanHeroes reserves the right to deny any account at our discretion.
VanHeroes takes reasonable measures to protect your information from loss, theft, misuse and unauthorised access, disclosure, alteration and destruction.


3rd-party software provided under separate third-party license terms. Your use of this third-party software in conjunction with the App or Website in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these terms is intended to impose further restrictions on your use of this third-party software.


This Agreement for Service Providers to Engage VanHeroes for Its Services (this “Agreement”) constitutes a binding contract between you (“you”, “Service Provider”) and VanHeroes Limited. (“VanHeroes”, “us”, or “we”) governing your use of the Service for marketing, sales, and other services for Service Providers.


The Service Provider hereby agrees: (a) to engage VanHeroes to provide the VanHeroes Services; (b) to comply with this Agreement; and (c) that Service Provider has read, understands, and agreed to (i) the VanHeroes End User License Agreement and Terms of Service located at https://www.vanheroes.co.uk/hero-terms-of-service (“TOS”), and (ii) the VanHeroes Privacy Policy located at https://www.vanheroes.co.uk/privacy-and-cookies-policy (“Privacy Policy”), each of which are incorporated into this Agreement by reference.  To the extent there is a conflict between this Agreement and the Privacy Policy or TOS, this Agreement will govern with respect to such conflict.


Capitalised terms used but not defined in this Agreement have the meaning specified in the TOS. The parties hereby agree as follows:
1. VanHeroes will make commercially reasonable efforts to provide the following services to you (the “VanHeroes Services”):
a.     Site Listing. VanHeroes may list your services via the platform, which may include your biography and other information provided by you and approved by VanHeroes. VanHeroes will share your name and phone number with Customers.
b.     Engagement Service. VanHeroes will provide a web and mobile based engagement system via the platform, through which Customers that use the platform can engage you to perform a service.   You may accept, reject, or ignore any available service within the days, times, and locations for which you have indicated you have availability to complete services (“Availability”) at your sole discretion.
c.     Record keeping Service. For payment processing and administrative purposes, VanHeroes will maintain general records of services performed by you for Customers.
d.     Administrative, Management, and Technology Services. VanHeroes will provide miscellaneous administrative and management services to facilitate your business, including the technology and operations necessary to communicate with you and your Customers.
e.     Billing Service. VanHeroes will provide an online billing and payment system that will facilitate payment from customers, before paying you for the service provided. VanHeroes uses Stripe and PayPal for payment processing services. By using the Stripe or PayPal payment processing services, you agree to the their Payment Services Agreement available on their websites.
f.      Customer Service. VanHeroes will provide operators to field your Customers’ complaints, communicate with you, and refund requests as appropriate.
 
Exclusions from the Service.

The Service only relates to the VanHeroes Services described above. You are solely responsible for all of your own tools, equipment, training, licensing, and other materials or requirements related to pick-up or delivery in connection with services. VanHeroes is not, and will not be, responsible for any liability arising out of the pick-up or delivery services you provide, including, but not limited to, injuries to Customers or traffic accidents occurring during a Service. VanHeroes will also not have any input into your work schedule, time off, or other control over your performance of your work.
 
Your Responsibilities.

You will supply VanHeroes with a copy of your current driver’s license,Registration plate, waste disposal license (optional - Only needed if you require access to waste disposal jobs) and any other applicable licenses or insurances, and any relevant professional certifications. You may be required to provide other information we need in order to verify your identity or capacity as an independent Service Provider with your own business. You represent that all information you provide is accurate and complies with relevant law, and, during the term of this Agreement, will immediately notify VanHeroes of any change in contact, certification, licensing, or insurance information. You assume complete responsibility for all services provided to each Customer and for compliance with all laws, regulations, hours of service, and standards of services.  You represent that you are (a) free to enter into this Agreement and perform each of its terms, (b) not restricted (contractually or otherwise) from entering into and performing this Agreement, and (c) not subject to, and will immediately notify VanHeroes of, any suit, action, claim, arbitration, or legal, administrative, or other proceeding, or government or professional investigation, pending or threatened or affecting your ability to perform services under this Agreement

 

Services; Payment
a.     Services. If a Service becomes available during your Availability, you may be notified of the opportunity via the Platform. If you accept a service request, and your acceptance is confirmed by VanHeroes, you will notify VanHeroes, through the functionality provided via the Platform. When you arrive at the location, when you start the service and when the service is completed to enable VanHeroes to perform the VanHeroes Services, including payment processing. The service will begin when Service Provider begins the work and the service will end once the Service Provider has safely completed the work and confirmed the VanHeroes Fee is correct through the functionality provided via the Platform. VanHeroes is not responsible for any actions performed by the Service Provider that occur after the Service is complete. All Service Providers within the applicable zone of service may get the opportunity to accept the work. The first Service Provider to respond with acceptance of the available Service Requirement and to have that response confirmed by VanHeroes will be confirmed as the provider of that Project.
b.     Payment. The Services that you will be notified of via the Platform are those for Customers who have agreed to accept the fees calculated by the Service based on the specific service details submitted by the applicable Customer (the “Base Fee”). You are not entitled to negotiate additional fees or gratuities with Customers. You are responsible for any expenses incurred in the normal course of completing your service, including, without limitation, any tolls. On a regular basis, VanHeroes will transfer to you, through the payment account you specify via the Platform, the Fee for all eligible Services completed during the prior week, less the charge for your use of the Platform (the “VanHeroes Fee”).
c.     Expenses. Except as otherwise specifically provided herein, you and VanHeroes will each bear your own expenses relating to this Agreement and performance under this Agreement.
d.     Claims. If a claim is filed against you with VanHeroes insurance provider or VanHeroes is otherwise required to pay for damages caused by you, inVanHeroes sole discretion, VanHeroes may charge you any or all of the deductible or other out-of-pocket expenses VanHeroes is required to pay as a result of that claim.
e.    Cancellations. If a Service Provider accepts a service to perform and cancels or does not show up to complete the agreed Service as scheduled two times, VanHeroes may at its discretion impose penalties and fines that include:  (a) temporary suspension of your VanHeroes account; (b) monetary fines not to exceed 20% per cancellation and 50% per no show occurrence; (c) permanent deactivation of your VanHeroes account. Monetary fines will be due the same day of the cancellation. VanHeroes is authorised to collect these fines by charging the credit card on file or deducting from future payments for Services provided to VanHeroes customers. 
f.    Nonpayment/Disputes. If a customer disputes the time of service or other fees that a Delivery Professional has submitted to VanHeroes, the payment to Delivery Professional may be withheld pending the outcome of an investigation by VanHeroes to determine if the fees are appropriate. If VanHeroes determines that the fees are accurate VanHeroes will attempt to collect any fees owed by the customer. In cases where the full fees cannot be collected, VanHeroes will pay out to Service Provider(s) at least 880% of the Authorised Amount collected from the customer at the time of booking. The Authorised Amount will equal the estimated delivery fees as determined by VanHeroes and agreed to by the customer before they request a Service Provider.

Representations and Warranties; Indemnity.

You represent, warrant, and covenant to VanHeroes that: (a) you are at least 18 years of age; (b) you possess a valid driver’s license and are authorised to operate a motor vehicle; (c) you own, or have the legal right to operate, the motor vehicle(s) you intend to use or actually use for Services (each, a “Car/Van, etc”), and maintain all legally mandated registrations and insurances for such vehicle; (d) in the event of any claim or accident, you will be solely responsible for reporting that accident in compliance with applicable law and your insurance policy; (e) you are solely responsible for any and all liability that results from or is alleged as a result of the operation of the vehicle you use during a Service Request, including, but not limited to personal injuries, death, and property damage; (f) if you lift or otherwise move any Item, you do so at your own risk and VanHeroes has no liability for any claim, loss, or damage related thereto; (g) you will not make any representations regarding VanHeroes or the Platform; (h) you will not, under any circumstances transport any items that would violate local or National laws(i) you will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any applicable law, rule or regulation.  You will indemnify VanHeroes from and against any damages resulting from your performance of Projects, including any personal injury, property damage, or death.

 

Your Business.

You confirm, under penalty of perjury, that you accept that by accepting these Terms, you operate a van and delivery business/ service provider business.

 

Confidential Information.

You must keep VanHeroes confidential information absolutely confidential, except as required or provided by law, including but not limited to information about other users of the Platform, Items, photos relating to the Service or Customers, and VanHeroes business model. This section does not apply to information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by VanHeroes; (b) becomes publicly known and made generally available after disclosure by VanHeroes to you through no action or inaction on your part, (c) is already in your possession at the time of disclosure, as shown by your files and records; or (d) is obtained by you from a third party without a breach of the third party’s obligations of confidentiality.

 

Nature of Relationship.

Neither this Agreement, VanHeroes provision of the Services and performance of the VanHeroes Services, nor your performance of Services will create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee, between you and  VanHeroes. You will be solely responsible for all tax withholding or payment in connection with the fees paid to you by VanHeroes.

 

Limitation of Liability.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, VANHEROES LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE VANHEROES FEES RETAINED UNDER THIS AGREEMENT.


Termination.

Either party may terminate this Agreement by giving the other party notice. Notwithstanding the foregoing, Sections 5 – 13 and any liabilities or payment obligations that have accrued prior to termination will survive termination.

 

Changes.

Except for changes in the calculation of Base Fees and VanHeroes Fees (which VanHeroes may, in its sole discretion, amend from time to time), changes to this Agreement will be binding upon a party who confirms that change in writing, including via electronic mail, if that writing specifically refers to this Agreement.

 

Dispute Resolution.

All disputes under this Agreement must be resolved in accordance with the dispute resolution provisions set forth in the TOS.

 

Miscellaneous
a.     Indemnification. You will indemnify and hold the VanHeroes Parties harmless from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses (including reasonable legal fees) arising out of or resulting from (i) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from your acts or omissions, (ii) your breach of any representation or warranty in this Agreement, (iii) any negligent, reckless or intentionally wrongful act by you or your assistants, employees, contractors or agents, (iv) a determination by a court or agency that the you are an employee of VanHeroes or a Customer, or (v) any claim by a Customer arising from or related to your or your assistants, employees, contractors or agents services for such Customer.
b.     Entire Agreement. This Agreement, together with the Privacy Policy and the TOS, which are expressly incorporated by reference herein, are the entire and exclusive understanding and agreement between you and Tote regarding the Service, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Tote with respect to your use of the Service. You acknowledge that no statements, representations, warranties, or covenants have been made to you or upon which you have relied that are not set forth in this Agreement, Privacy Policy, or TOS.
c.     Amendment; Waiver. Except as expressly provided in this Agreement, this Agreement may be amended only by a written agreement signed by both parties. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the provision’s benefit. VanHeroes failure or delay in the exercise of any power or right under this Agreement will operate as a waiver thereof. No single or partial exercise of any right or power under this Agreement will operate as a waiver of any right or power. VanHeroes waiver of a breach of any provision of this Agreement will not operate or be construed as a waiver of any other or subsequent breach of this Agreement.
d.     Severability. Except as expressly provided in this Agreement, if any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be severable from the remainder of this Agreement and will not affect the validity and enforceability of any remaining provisions.
e.     Assignment. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without VanHeroes prior written consent. VanHeroes may assign this Agreement without your prior written consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties’ permitted successors and assigns. Any assignment in violation of this section is void.
f.      No Agency. No joint venture, partnership, employment, or agency relationship exists between you and VanHeroes as a result of this Agreement or use of the Platform.
g.     Headings. Headings are for convenience only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any provision of this Agreement.
h.     Third Party Beneficiaries. There are no third party beneficiaries to this Agreement.

VanHeroes Rights
As between you and VanHeroes, all information, materials and content of the VanHeroes Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by VanHeroes or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the VanHeroes Platform. VanHeroes reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favour of VanHeroes any and all moral rights that you may possess in or to any Requests.
 
Feedback

Any suggestions, comments or other feedback you give us about the VanHeroes Platform (the "Feedback") will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Location Information

The VanHeroes Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at www.VanHeroes.co.uk

By accepting these Terms or using the App you affirmatively consent to VanHeroes collection, use, disclosure and storage of your location information. You may revoke your consent with respect to VanHeroes collection, use, disclosure and storage of your location information at any time by deleting the Apps or Website from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, VanHeroes will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, VanHeroes will resume the collection of location information.

VanHeroes takes reasonable measures to protect your location information from loss, theft, misuse and unauthorised access, disclosure, alteration and destruction.

Disclaimers

Except as required otherwise of VanHeroes by applicable law, the VanHeroes platform and any other service and content included on or otherwise made available to you through the service (including requests) are provided to you on an "as is," "as available" basis without any representations or warranties of any kind. To the fullest extent permitted by applicable law, we disclaim and exclude any and all other warranties, conditions, and representations (express or implied, oral or written), and all other terms which may be implied into these terms by law, with respect to the VanHeroes platform and content included on or otherwise made available to you through the VanHeroes platform (including requests) and the services performed by Heroes/Helpers.

Limitation of Liability


To the extent permitted by applicable law, VanHeroes will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by VanHeroes Limited.
a. any booking that has not been accepted;
b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the VanHeroes platform;
c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;
d. any loss relating to your business or the business of your employer or any other person;
e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or
f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that he VanHeroes Platform fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.
g. If VanHeroes Limited is liable to you in connection with the Booking Services, its liability will be limited to an amount not to exceed to £150 in aggregate.
Nothing in these Terms and Conditions will limit or exclude VanHeroes Limited’s liability to you for personal injury or death caused directly by VanHeroes Limited’s negligence.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. OR including the right to receive products/services which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for purpose; supplied with reasonable skill and care.
 
APPLICABLE LAW

The Booking Services and the Booking Service Terms set out, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
 
 
Third Party Software


The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.

Changes to the VanHeores Platform

VanHeroes reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the VanHeroes Platform and/or any features, information, materials or content on the VanHeroes Platform with or without providing notice to you. VanHeroes will not be liable to you or any third party for any changes or discontinuance of the VanHeroes Platform or any part of the VanHeroes Platform.

Consent to Electronic Communications

By using the VanHeroes Platform, you agree that we may communicate with you electronically regarding your use of the VanHeroes Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at info@vanheroes.co.uk

Suspension and Termination
Please read the following paragraphs carefully because they require you to arbitrate disputes with VanHeroes and limit the manner in which you can seek relief from VanHeroes.

VanHeroes may suspend or terminate your rights to access or use the VanHeroes Platform (including the App) for any reason or for no reason at all and with or without notice at VanHeroes discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

 

Governing Law


If a court finds part of this contract illegal, the rest will continue in force. 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.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do so under these terms, or if we delay in taking steps against you in respect of your breaking this  contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we will continue to provide the services, we can still require you to make full payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or English courts. If you live in Northern Ireland you can bring proceedings in respect of the services in either Northern Irish or the English Courts.
 
General

Enforcement of these Terms is solely at Tote's discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.


These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the VanHeroes Platform and the Services, and they supersede any prior agreements that may have been made.

Contact Us


If you have any questions about these Terms, please email us at info@vaheroes.co.uk.


Notice Regarding Third-Party Beneficiaries

Apple, Inc, Google, Stripe and Other Third-Party Beneficiaries. You acknowledge and agree that these companies and their subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, they will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and VanHeroes only, and not any other company; (c) VanHeroes is solely responsible for the Software and the content thereof; (d) Other beneficiaries have no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, they will have no warranty obligation with respect to the Software; and VanHeroes will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party's intellectual property rights, No company outside of VanHeroes will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and (g) they will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

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