These Drivers Terms set forth the terms and conditions for the agreement between all partner/Drivers (hereinafter referred to as "Driver") and UCAB LLC technology platform services (hereinafter referred to as "UCAB ") regarding usage of the UCAB Driver's App for the purpose of providing Driving service in South Carolina US. These conditions are set forth below:
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING UCAB SERVICES
Your access and use of the Service constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Ucab. if you do not agree to these Terms , you may not access or use the Service. These Terms expressly supersede prior agreement or arrangements with you. Ucab may immediately terminate these Terms or any Conditions with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time for any reason.
NOTE: Nothing herein changes the applicability of any local law or regulation pertaining to the transportation of Passengers in taxis. Drivers are bound by such laws and regulations, in particular the laws and regulations pertaining to minimum and maximum charges for such transportation.
Services of UCAB
(a) The Driver shall register with UCAB, furnishing accurate information, before using the services of UCAB. Upon successful registration, the Driver shall be entitled to use the UCAB Smartphone App and the UCAB. Services in accordance with these terms and conditions and applicable laws, rules and regulations.
(b) UCAB shall provide the Driver with the Ucab App (hereinafter, the “Ucab App") and certain services for internet-enabled portable terminal devices such as smart phones (hereinafter, “Terminal Devices"). The Ucab App may be provided via a download link.
(c) Using the Ucab App, the Driver may use the UCab service, subject to availability, to receive transportation orders through the service and the associated option to be contacted directly by potential Passengers looking for a taxi through Ucab App (hereinafter, “Passengers"). The location of the Driver will be displayed after localization and can be followed by the Passenger via the Ucab App on a map. Driver specific information, which may include the taxi’s registration and/or license plate number, speed and evaluation rating will be displayed on the Passenger’s Terminal Device. Prior to choosing a taxi, the taxi symbol on the Passenger’s Terminal Device does not display Driver specific information (anonymous data only). After clicking on the taxi symbol, the Passenger initially is only able to view the type of vehicle and it’s year of production, and whether the taxi is free or occupied. When the Driver starts the Ucab App, the taxi’s location can be identified by all Passengers and other Drivers also using the UCab App and the taxi’s position can be located via the UCab App. Driver’s can set their status to “occupied” at any time via the Ucab App.
(d) The scope of Ucab service and use of the Ucab App does not include the use of the required internet connection. Ucab does not provide internet access as part of the Ucab Services not does Ucab provide or maintain the networks over which the Ucab Services are provided. It is the Drivers sole responsibility to arrange for internet access and to configure the Terminal Device for use with the Ucab App. All associated costs and fees are the Driver’s sole responsibility.
(e) For every transportation of a Passenger completed using the Ucab App, the Driver shall pay the charge agreed in accordance with the relevant applicable price list, which is available at www.ucab.taxi To the extent permitted by applicable law or regulation, there is no charge to the Passenger for placing an order for transportation via the Ucab App.
(f) Subject to applicable law or regulation, Ucab considers that a legally binding contract of carriage is entered into between the Driver and the Passenger through the use of the Ucab App when the "ACCEPT" button is pressed by the Driver. The taxi journey shall be billed to the Passenger in accordance with contractual and statutory provisions in effect in the jurisdiction in which the taxi is operated.
Billing for the Ucab service
(a) The Driver shall be charged for the Ucab service. Employee Drivers are obligated to disclose the charges to their employer (taxi company).
(b) The charges shall be billed by Ucab at its option on or about the fifteenth (15th) day of the month following the month in which the charges were accrued. The statement of charges shall contain a summary of the following information: number of successful procurements of Passengers, the name of the Driver, the date and the time the fare was accepted by the Driver and any other information which Ucab , at its discretion, may wish to include.
(c) Payment shall be made by charging the amount owed to the Driver and collecting such payment from the Driver in accordance with the provisions of 0 below. The Driver agrees to reimburse Ucab for any and all surcharges, penalties or fees incurred by Ucab in the event that a pre-authorized debit is declined due to insufficient funds in the Driver’s account.
(d) An invoice detailing the charges shall periodically be sent to the Driver by email.
(a) The Driver shall authorize Ucab upon registration to debit the Driver’s bank account for all amounts payable to Ucab and the Driver undertakes to issue the necessary authorizations in a form reasonably acceptable to Ucab . The authorization may be issued to Ucab either by ticking the appropriate box and filling in the required bank account information on the Ucab website when registering online or alternatively by using the form provided for this purpose by Ucab.
(b) The debit authorization issued to Ucab may be revoked at any time by the Driver. However, if the debit authorization is revoked, the Driver shall no longer be able to participate in the Ucab Services.
Revisions, Changes and Updates to the Ucab App
(a) Ucab reserves the right to revise, change and/or update the Ucab App in any manner in order to develop it further and improve it qualitatively. It is the Driver’s responsibility to assure that the latest version of the Ucab App is installed on the Driver’s Terminal Device.
Availability; Limitation of Warranties
(a) Subject to these Terms, Ucab shall provide the Ucab App as well as associated billing and invoicing services. Ucab warrants that the Ucab App shall substantially conform to the specifications set forth in the documentation and shall function substantially as intended. Ucab sole obligation under this warranty shall be limited to using reasonable efforts to ensure such conformity and operation and to supply Driver with a corrected version of the Ucab App as soon as practicable after discovery of an error. This warranty shall be void if the Ucab App is modified without the written consent of Ucab .
(b) The Driver shall have no claim to the continuous and uninterrupted availability of the Ucab App or the Ucab Services. Ucab does not warrant (a) that operation of the Ucab App shall be uninterrupted or error free, or (b) that functions contained in the Ucab App shall operate in the combination which may be selected for use by Driver or meet Driver's requirements. Ucab shall take reasonable steps to achieve maximum possible availability and to rectify any faults in the Ucab App as quickly as possible.
(c) Under no circumstances shall Ucab be liable for the acts or omissions of passengers using the Ucab App, which are transported by the Driver.
(d) Ucab is entitled to discontinue its service temporarily or permanently, with or without informing the Drivers, though every reasonable effort will be made to inform Drivers of any interruptions in its service ahead of time. Information in this regard shall be available via the website www.ucab.taxi
(e) THE SERVICES AND APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UCAB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. UCAB MAKES NO WARRANTY THAT ITS WEBSITE, THE APPLICATION OR ANY SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability.
(a) For purposes of this Section (a) "UCAB" shall include UCAB and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
(b) TO THE FULLEST EXTENT PERMITTED UNDER LAW, UCAB WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO A DRIVER’S USE OF THE APPLICATION OR THE UCAB WEBSITE OR THE SERVICES PROVIDED BY UCAB, EVEN IF UCAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE APPLICATION, THE UCAB WEBSITE OR THE UCAB SERVICES; OR (ii) ANY OTHER MATTER RELATING TO THE APPLICATION, THE UCAB WEBSITE OR THE UCAB SERVICES.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES DRIVERS SPECIFIC LEGAL RIGHTS, AND DRIVERS MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
General Obligations of the Driver
(a) The Driver warrants that he/she is in possession of all governmental licenses and approvals necessary for the transportation of passengers by taxi. The Driver shall furnish evidence of such licenses and approvals prior to commencing use of the Ucab App. A Driver who is an employee of a taxi company or fleet operator shall ensure that the employer approves the use of the Ucab App. Any changes with respect to the Driver’s authorization to provide transportation services or the employer’s approval of the use of the Ucab App shall be provided to Ucab in writing immediately upon coming to the attention of the Driver.
(b) The Driver shall at all times furnish all personal information correctly and completely and shall keep this information updated at all times.
(c) The Driver shall not use the Ucab App in a manner that it impairs, overload or damages the Ucab App and shall not, or permit others to, circumvent any security or anti-piracy features of the Ucab App, nor shall the Driver circumvent or modify the safety precautions of the Ucab App.
(d) All intellectual property rights to Ucab App shall be retained by Ucab . The Driver may not copy, modify, reverse engineer, disassemble or distribute the Ucab App provided to him.
(e) The Driver shall keep his/her username and password safe and confidential and shall not disclose them or grant access to the Cab App to any third party. The Driver shall have sole responsible for maintaining the confidentiality and security of the Driver’s Ucab account. The Driver shall bring any unauthorized use by third parties promptly to the attention of Ucab.
(f) The Driver agrees to indemnify, defend and hold Ucab i, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of the Driver’s account or any negligent or wrongful acts or omissions by the Driver or any third party accessing the Ucab Service using such Driver’s account and/or (ii) any violation of law or regulation committed by the Driver while using the Ucab App or the Ucab Services.
(h) . The Driver shall inform Ucab completely and promptly in the event that the Driver receives any information that any third party has brought or intends to bring a claim for damages against Ucab resulting from the Driver’s use of the Ucab App or the Ucab Services.
(i) Any personal data of other Ucab "Ucab App" users and/or participants in the Ucab Services that is transferred or otherwise made known to the Driver shall be kept confidential by the Driver and shall not be disclosed to third parties, except with the prior written consent of the other participant or as may be required by applicable law or regulation or pursuant to a court order.
Obligation to Accept a Transportation Order
(a) The Driver shall accept available transportation orders from Passengers subject to applicable law or regulation, provided that the Ucab App is activated in the taxi and the Driver’s vehicle is not currently engaged in the transportation of another passenger. However, the Driver shall be under no obligation to accept transportation orders for which a commission fee applies which is higher than the agreed on commission fee.
(b) The Driver shall update the status of his/her taxi (whether the taxi is free or engaged) in the activated Ucab App at all times, to permit potential Passengers to identify the current status of the taxi.
Termination of the Agreement/Exclusion from Use
(a) These Terms shall be effective the date of signature by the Driver and shall continue indefinitely until terminated pursuant to the provisions of this Section.
(b) The agreement entered into between Ucab and the Driver may be terminated at any time by either party with immediate effect and without specifying any reasons.
(c) The agreement shall terminate automatically, without any requirement of notice, in the event the Driver is no longer authorized to provide transportation via taxis or hire cars.
(d) The Driver may be suspended temporarily or excluded permanently from the use of the services for material breaches of the obligations arising under applicable law or regulation and/or these Terms or any other binding agreements between the parties.
(e) The Driver’s right to use the Ucab App and the Ucab Services may also be suspended, at the sole discretion of Ucab , if the Driver fails to comply with the obligation to pay all fees due to Ucab when they are due, revokes the direct debit authorization or fails to carry a passenger after accepting a transportation order or after an advance order has been placed and accepted by the Driver.
(a) The Driver agrees that Passengers may evaluate the Driver and the vehicle. Ucab makes no warranties or representation that the evaluations provided by Passengers will be objective or fair.
(b) The Driver acknowledges and agrees that Passenger evaluations may be published on the Ucab App as the Driver participates in the Ucab Services and uses the Ucab App and that such evaluations shall be accessible to Passengers having ordered transportation services. To the fullest extent permitted by applicable law or regulation, the Driver hereby waives any and all privacy rights that the Driver may have with respect to the publication of Passenger Evaluations.
Responsibility for the Contents
(a) The sole responsibility for the content published and transmitted in the Ucab App or on the website by the Driver (such as the Driver’s name and any slogan he/she wishes to add) shall lie with the Driver publishing the same. All content shall comply with legal and statutory requirements and the requirements of decency, decorum and objectivity.
(b) If any publications breach the above-mentioned regulations, Ucab shall be authorized to delete same immediately.
Copyrighted Material, UCAB App and Trademark Information.
(a). Ucab product names, service names, slogans or logos referenced on Ucab websites and/or in the Ucab Apps are trademarks or registered trademarks of Ucab App. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.
(a) All of the information, content, and materials offered by Ucab are protected by copyright and other applicable laws of the United States and other countries. Drivers may not copy, publicly display, modify or distribute such material without UCAB App or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon.
(c) All right, title and interest in and to the Ucab App and the services provided is and will remain the exclusive property of Ucab and its licensors. The Ucab App is protected by copyright, trademark and other laws of the United States and other countries.
Relationship of the Parties
(a). Ucab and Driver are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.
(a) Severability. If any part of these Terms is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
(b) Amendments. Ucab reserves the right to change these Terms from time to time. Please refer to the Ucab website periodically for any changes. By continuing to access or use the Service after Ucab makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.ucab.taxi or in the Ucab App itself on the Terminal Device.
(c) Entirety. This agreement shall constitute the complete and exclusive agreement between Ucab and the Driver with respect to the subject matter of these Terms. The use of the Ucab App is expressly made conditional on the Driver’s your consent to these Terms.
(d) No Waiver. The failure of Ucab to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
(e). Force Majeure. Ucab shall not be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
(f). Governing Law. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the South Carolina without regard to its conflict of law provisions. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.