DEFINITIONS USED IN THESE DRIVER TERMS
Throughout these Terms we will use various defined terms. We have set out below what each of these terms means for ease of reference:
|
Allocate / Allocated |
means that You have been offered and have accepted a Job via the Platform(s) and We have allocated that Job to You |
|
Business User |
means a user of the Platform that is acting in a business capacity |
|
Customer |
means a customer of CMV who uses the Platform to book a Job which the Driver can decide to accept via the Platform |
|
Customer Platform Fee |
means the fee paid by the Customer to Shift for their use of the Platform which is collected by Shift as part of the Price |
|
CMV / We / Us / Our |
means Shift Group Limited registered in England and Wales under company number 08890359 and have our registered offices at 86-90 Paul Street, London, EC2A 4NE with VAT number GB 285 6182 72. We own the CMV Platform. |
|
CMV Platform |
means the platform available at https://www.comparethemanandvan.co.uk/ |
|
CMV Service |
means the Platform provided by CMV |
|
Data Protection Laws |
means the UK GDPR (as defined by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (2019/419)), the Data Protection Act 2018, and any other applicable data protection laws |
|
Driver / You / Your |
means you, the driver who the Customer has booked via the Platform to complete the Job |
|
Driver Account |
means an online account set up by a Driver on the Platform(s) which allows the Driver to receive Job bookings |
|
Driver Delivery Service |
means the service provided by the Driver to a Customer which includes completion of a Job |
|
Driver Fee |
means the fee that a Driver is paid for completing a Job in accordance with these Driver Terms and the Driver to Customer Terms |
|
Driver to Customer Terms |
means the contract that is put in place between a Customer and the Driver in relation to the Driver Delivery Service |
|
eLearning |
means any online training course that CMV requires a Driver to undertake to enable the Driver to be eligible and remain eligible for a Driver Account and to complete Jobs |
|
Items |
means the items that are to be collected and delivered by a Driver |
|
Job |
means the collection and delivery of items that a Customer books via the Platform |
|
Losses |
means any losses, costs, fees or expenses incurred by CMV due to a Driver’s non-compliance with these Driver Terms, specifically losses set out at clause 16, and/or losses, costs fees or expenses incurred by CMV due to a Driver’s non-compliance with the Driver Terms |
|
Negative CSAT Review |
means a review of two stars or less from a Customer that You have completed a Job for |
|
Payment Card |
means the credit or debit card that a Customer uses to make payment for the Job or the PayPal account that the Customer uses to make payment for the Job |
|
Price |
means the cost of the Job, as specified via the relevant Platform |
|
Rate Card |
means a schedule of fees provided by the Driver to CMV in accordance with these Driver Terms |
|
Tracking |
means the ability for CMV to track a Driver’s location via the CMV app in order to obtain live tracking updates on the location of Drivers for use by CMV |
WHO ARE WE AND WHAT DO WE DO?
We are CMV as defined in clause 1 above.
We provide the CMV Platform which is for Customers to book collection and delivery of Items via a reverse auction platform using the services of a Driver who bids for the Job via the CMV Platform.
THE CMV PLATFORM
The CMV Platform allows Customers to book Jobs at the Price specified by Drivers within the CMV Platform.
Drivers are able to bid for Jobs within the CMV Platform and the Customer will choose the Driver that they want to use for the specific Job.
When You (a Driver) accept a Job via the Platform You are deemed to have accepted the terms covering the relationship between You and the Customer called the Driver to Customer Terms which are available at .
We will offer to connect You with Customers in order that You can complete Jobs based on the information We hold about You in accordance with these Driver Terms. You can access the Driver Terms using Our app.
YOU AND CMV: OUR AGREEMENT
This agreement is between Us and the Driver who has opened a Driver Account.
You need to download Our app onto Your mobile device or access the CMV Platform via a browser and follow the instructions to create a Driver’s Account. Any reference to Our app within these terms is intended to also refer to the web browser version of the CMV Platform which enables all functionality available to You within the app. By downloading Our app and creating a Driver’s Account with Us, You agree:
You are at least 21 years old;
to provide Us with any information we reasonably request;
to submit to any background, credit or other vetting check by Us or by a third party engaged by Us before We connect You with any Customer in respect of any Job;
to provide accurate information when opening Your Driver’s Account and to maintain this information so that it is accurate and up to date at all times; and
to enable the location settings within Your Driver Account in Our app and as may are required on Your mobile device to enable Tracking when You are performing a Job for Us.
It is Your responsibility to make sure You can access Your Driver’s Account at all times that You tell Us that You are available for a Job.
You must provide Us with up to date bank account details so that We may organise payment of Drivers Fees to You.
You warrant and represent that:
You will equip Your vehicle(s) with equipment appropriate to complete a Job including the minimum requirements set out within these Driver Terms and any eLearning modules.
You will read and comply with the Driver Terms and follow the instructions set out in the Driver Terms and any eLearning modules when completing any Job.
by accepting a Job, You agree to complete that Job for the Customer to a professional standard and to the satisfaction of the Customer without damaging Items listed in the Job.
When You open a Driver Account You irrevocably appoint Us to act on Your behalf to facilitate bookings of Jobs and make payment of Driver Fees to You until Your Driver Account is closed. You grant Us full powers to act with absolute discretion on Your behalf in all matters arising directly or indirectly from Your use of Our Platform, including to collect payment for Jobs on Your behalf.
CMV is not a transport provider. Our services are limited to providing a technology platform for the purpose of identifying and introducing You to a Customer in connection with a Job, monitoring and managing Job bookings, taking payment from the Customer and passing on to You the relevant fees in accordance with the Rate Card that You have provided and which has been accepted by Us.
We do not guarantee to connect You with any minimum number of Customers through either Platform and any Job you agree to complete is entirely at Your own risk.
We cannot guarantee that the CMV Platform will run error free or without interruption. From time to time, We will undertake planned and reactive maintenance to the CMV Platform which may limit Your ability to access it.
When a Customer books a Driver through Our Platform(s) the contract for the provision of the Driver Delivery Service is between the Customer and the Driver and We are not a party to that contract. The contractual relationship between the Customer and the Driver is governed by the Driver to Customer Terms.
When You are engaged on a Job via the CMV Platform the contractual relationship between You and the Customer will come into effect when You accept a Job via the CMV Platform.
We act for You for the purpose of connecting You with Customers and collecting payment only. You acknowledge that You are not employed by Us and that We do not in any way provide transport, logistics or delivery services.
We do not guarantee any minimum number of Jobs or Driver Fee and You are under no obligation to accept a Job.
You agree that nothing in these Driver’s Terms is intended to create an employment relationship between any of the parties.
Our Platform is for use in the United Kingdom for personal or business customers and it is governed by English law. Access to Our Platform by You from any other jurisdiction other than the United Kingdom is entirely at Your own risk.
Our liability to You under this agreement is limited to the Price of the Job to which any claim relates.
You shall not agree any terms directly with the Customer that conflict with, negate or contradict any of these Driver Terms, or the Customer Terms on Our Platform (in both cases as updated from time to time by Us).
HOW DO THESE TERMS GET UPDATED?
These Driver Terms may be updated from time to time, and We will send You an email or push notification telling You the Driver Terms are changing.
If You do not close Your Driver’s Account within 7 days and/or You continue to use the Platform to accept Jobs after We send the notice outlining the change to these Driver Terms, then You will be deemed to have accepted the updated Driver Terms.
We will not update the Driver Terms to change the amount You will get paid for a Job that You have agreed to complete unless We are required to do so by law or regulation.
INSURANCE AND OTHER REQUIREMENTS
You represent and warrant to Us on an ongoing basis and each time You accept a Job and until that Job is complete that You:
have all relevant insurance required to enable You to undertake Jobs. This includes but may not be limited to motor insurance covering business use and public liability insurance;
have a full driving licence permitting You to drive the vehicle used on that Job;
are compliant with all rules and legislation applicable to You under these Driver Terms including those dealing with data protection and employment law.
You further undertake to provide evidence of all such insurance and licences required in compliance with clause 7.1 upon demand by CMV.
You undertake to inform CMV immediately upon any change in Your circumstances in relation to the representations at clause 7.1 which means that the representations made are no longer true and/or accurate.
Any breach of this clause by You will be deemed to be a material breach of these Driver Terms and CMV shall be entitled to close Your Driver Account and prevent You from registering with CMV to undertake Jobs in the future.
YOUR RESPONSIBILITIES TO US AND CUSTOMERS
You agree to:
keep the information in Your Driver Account up to date and to tell Us promptly if Your availability changes;
not do anything that would result in Us booking a Job for You that You know at the time You accepted You could not complete;
never accept a Job that You know You will not be available to complete or that completion of that Job would breach these Driver Terms or the Driver to Customer Terms;
never accept a Job if You know at the time You accept the Job that You do not have the skills, equipment, insurance, licences, permissions, or availability to complete the Job;
never knowingly permit someone to impersonate You on Our Platform or have access to Your Driver Account without Our permission;
complete and comply with all information and any rules contained in all eLearning; and
indemnify Us, and keep Us indemnified, in full and on demand in respect of any and all claims, proceedings, losses, liabilities, costs, expenses or damages suffered or incurred by Us arising out of or in connection with Your performance or non-performance of a Job.
If You fail to comply with Your responsibilities set out at clause 7.1, this will be deemed to be a material breach of these Driver Terms by You and We will, in Our absolute discretion, have the ability to either:
suspend Your Driver Account until You have remedied the breach (if it is possible for the breach to be remedied); or
terminate Your access to Your Driver Account and these Driver Terms and prevent You from undertaking Jobs for CMV in the future.
CMV PLATFORM SPECIFIC TERMS
CMV’s obligations to You:
We will provide the CMV Platform.
We will display Your Driver’s quote for the prospective Job on the Platform. The Customer will decide which Driver to book based on the information displayed.
How You get paid when operating on the CMV Platform:
For each Job the Driver Fee will be visible to You within the CMV Platform.
The Driver Fee will be a lower sum than the Price paid by the Customer to Us as the Price includes the Customer Platform Fee which is owed to Us by the Customer.
We must receive payment from the Customer before We pay You the Driver Fee and We shall have no liability to pay to You the Driver Fee unless and until We receive payment in full and cleared funds from the Customer.
If a Customer wishes to amend the specifications of a Job that You have accepted (for example by changing the collection or delivery locations, adding or subtracting duration of booking, changing the nature of the Items etc) the customer will be required to cancel and rebook. If You are no longer able to complete this Job You may ‘un-assign’ Yourself from the Job in the CMV Platform and this will not be classed as a cancellation of a Job by You. Subject to receiving payment of the Price in full from the Customer, We will pay the Driver Fee to the bank account You nominate via the Platform on a weekly basis each Tuesday (unless this is not a Business Day). We reserve the right to set off any amounts You owe to Us for any reason whatsoever against the Driver Fee.
IF YOU CANNOT COMPLETE A JOB
If You are unable to complete a Job because You were not able to deliver the Item(s) for any reason that is not in Your control You may:
keep the Item(s) for as long as necessary to complete the Job; or
return the Item(s) to the collection address.
If this happens, We may charge additional fees to the Customer for the storage, return or extra time to deliver and this will be reflected in Your Driver’s Fee.
WHEN YOU CAN REFUSE TO COMPLETE A JOB
Asks You to carry out work which will take longer than the duration of time the Customer has booked You for and then refuses to pay overtime fees to You;
Asks You to change the delivery location or make a delivery to multiple locations not specified in the Job;
Asks You to collect Items from a collection location that You have not been given access to e.g. there is a gate code or key and You have not been given it;
Asks You to park Your vehicle without paying for parking and the Customer has not provided You with a parking permit;
Asks You to park too far away from a collection or delivery location and You cannot move Items safely; or
Makes threats against You including the threat to give a Negative CSAT Review or other negative feedback if You do not provide a service not specified in the Job.
HOW DRIVERS SHOULD BEHAVE
You will always conduct Yourself in a polite and professional manner when completing a Job. Some Customers might try and convince You to do them favours for good feedback or, offer You cash payments but You must always refuse and promptly after let Us know if this happens. You must account to Us for any payment or benefit You receive directly from a Customer in any form.
To ensure certain standards Drivers may be vetted by a third-party service before they are on-boarded to Our Platforms.
We do not accept liability to Customers for a Driver’s appearance, smoking, driving ability, manner of driving, proficiency of English or use of inappropriate language.
Negative feedback (including a Negative CSAT Review) may result in Jobs not being Allocated to You and We recommend all Drivers conduct themselves in a professional manner when completing a Job.
You should comply with the Drivers Guide.
You should not seek to use the CMV Platform to contact Customers (whether existing or prospective Customers) to arrange work for Yourself outside of the CMV Platform. An example of behaviour that is not permitted would be for you to advertise within your driver profile on the CMV Platform that you will offer a discount to Customers who engage with You without using the CMV Platform. You acknowledge that CMV is undertaking a valuable role in connecting You with Customers and You must not seek to or actually remove CMV from this role.
MINIMUM DRIVER SAFETY STANDARDS
When You are completing Jobs for CMV You must comply with the following minimum driver safety standards (the “Minimum Standards”):
Wear an item of high visibility clothing, for Your own safety;
Ensure that the vehicle(s) that You use are roadworthy and have a current MOT and appropriate insurance cover;
Drive in accordance with all applicable laws and regulations in force from time to time;
Not do or omit to do anything that may cause harm to Yourself or any third party including Customers of CMV;
Comply with all key requirements and/or minimum standards alerted to You via the CMV Platform for the specific Job that You are completing.
FEEDBACK ON DRIVERS
For each Job, a Customer can rate their Driver by leaving feedback using Our Platform or a link that We send to the Customer. Feedback is important to Us and all the Drivers who use Our Platform. Feedback helps improve the service offered but only works if it is honest and given in good faith.
We use feedback on a Driver to decide if We should Allocate a Job to a Driver. If Your feedback scores are low this will result in fewer Job Allocations being made to You on the Platform. If You consistently receive Negative CSAT Reviews then We may terminate Our relationship with You.
If a Customer threatens to leave a Negative CSAT Review if You refuse to undertake work that is not what was scoped in the Job then You must tell Us.
You have the ability to challenge Negative CSAT Reviews if You believe that a Customer has left negative feedback (including a Negative CSAT Review) which was unjustified.
LOSSES INCURRED BY CMV
There are circumstances in which Your actions and/or inactions may cause Loss to CMV. You will be liable to CMV for such Loss and You authorise CMV to recover such Loss by way of set-off from any Driver Fee which is payable to You in accordance with these Driver Terms.
Circumstances in which You may be liable to CMV for such Loss includes but is not limited to:
If You are Allocated a Job and then are unable to commence that Job due to reasons that We reasonably believe are within Your control;
If You arrive late for a Job or too early for a Job and even though the Job goes ahead, the Customer provides negative feedback or complains to Us about Your timekeeping;
If You arrive late for a Job or too early for a Job and the Customer is then unable to use the Driver Delivery Service;
If You do not complete a Job within the relevant delivery timescale;
If You receive a Negative CSAT Review;
If You are Allocated a Job and do not attend the Job or cancel the Job within 6 hours of the collection time regardless of whether or not You inform Us of the fact that You cannot complete the Job;
If You are Allocated a Job but then do not complete that Job, this may be because You have brought the wrong equipment to the Job or fail to comply with the instructions provided to You for collection or delivery of the Item(s);
If You are using the CMV Platform and You cancel a Job after accepting it, We will be required to find a new Driver for that Job which may incur a higher Driver Fee. In these circumstances We will not charge the Customer more and We will recover the difference between Your Driver Fee and the new Driver Fee from You as part of Our weekly account reconciliation process described at clause 8.2.d) above;
If a Customer complains about a Job that You have completed (or not completed but should have done) We may incur costs in investigating that complaint or defending Our position in Court if the Customer brings legal proceedings which CMV is required to participate in;
If You cause damage to, destroy or lose Item(s) that form part of the Job or You damage or destroy a Customer’s property when undertaking a Job;
If You do not comply with the Minimum Standards set out at clause 12 of these Driver Terms.
The Losses that We are reasonably able to anticipate are set out in the Driver’s Manual and eLearning. There may be circumstances in which We are not able to properly quantify the Loss in advance, but this shall not prevent Us from recovering that Loss from You.
If You cannot attend or complete a Job for reasons outside of Your control, then We may, Our absolute discretion, waive any Loss that We are entitled to recover from You under these Driver Terms, but We reserve the right to ask for evidence to support Your position.
If a Customer requests a chargeback to the Payment Card they used to pay for a Job You completed We may delay paying You the Driver Fee for that Job until We have resolved the chargeback request. If We are unable to resolve the issue with the Customer, You accept that We will not be liable to You for the Driver Fee for that affected Job.
If a Customer requests a chargeback to the Payment Card they used to pay for a Job You completed and We have already paid You the Driver’s Fee for that Job You agree that:
We can withhold from You an amount equal to the relevant Driver Fee for subsequent Jobs; or
You will pay Us an amount equal to the chargeback on Our request.
If a Customer complains about a Job and We have not paid You the Driver Fee for that Job, We may retain that Driver Fee until the complaint is resolved either via Our Dispute Resolution Policy available in Appendix 3 or via a third party including a Court.
If any dispute between You and a Customer results in a dispute going to Court, You will indemnify Us for all Losses, legal fees and associated costs of defending or participating in any claim against Us (or which involves Us) arising out of or related to a Job that You were involved in.
IF YOU HAVE A COMPLAINT
If You have a complaint, We will do Our best to help You resolve it.
You can contact Us by email at: info@comparethemanandvan.co.uk.
We will only agree to assist with a complaint or dispute between You and a Customer made after a Job is completed and in accordance with Our Dispute Resolution Policy.
DATA PROTECTION
We collect and process all information in accordance with Our Privacy Notice. You can find a copy by clicking here: https://www.comparethemanandvan.co.uk/help/privacy-cookies
You represent to Us that You have all necessary policies and procedures in place to comply with the Data Protection Laws for any Personal Data that You receive from Us when You use the Platform(s).
All capitalised terms used in this clause shall be as defined in the Data Protection Laws where appropriate.
The parties acknowledge that the factual arrangements between them dictate the role of each party in respect of the Data Protection Laws. Notwithstanding this, the parties anticipate that each party shall act as a Controller in respect of the Processing of Personal Data.
Notwithstanding the provisions of clause 16.416.4 above, to the extent that CMV is, at any stage in the performance of this agreement, a Processor in respect of Personal Data (and the Driver being a Controller), Shift shall be subject to the Processor obligations set out in clause 16.716.7 in respect of such Processing.
Where a party acts as Controller, it shall:
hold a valid registration with the Information Commissioner’s Office (ICO) as a Controller and comply at all times with the Data Protection Laws;
use commercial endeavours to assist the other party in complying with the obligations imposed on it by the Data Protection Laws; and
promptly, and in any event within 48 hours, notify the other party about any actual, suspected or threatened Personal Data Breach involving Personal Data that has been shared in relation to this agreement.
To the extent that CMV Processes any Personal Data as a Processor for and on behalf of the Driver acting as Controller arising out of any rights or obligations pursuant to, or in connection with, the performance of these Driver Terms, the subject matter, nature and purpose of Processing, the type of Personal Data and the categories of Data Subjects shall be as set out in Appendix 1 and CMV shall:
Process such Personal Data only for the purposes of performing its obligations under this agreement and in accordance with the documented instructions of the Driver;
implement and maintain appropriate technical and organisational security measures which are sufficient to comply with the obligations imposed on the parties by the security requirements of the Data Protection Laws;
take all reasonable steps to ensure the reliability and integrity of any persons authorised to Process such Personal Data, and ensure that any person shall be subject to confidentiality obligations or under an appropriate statutory obligation of confidentiality;
provide reasonable information, assistance and co-operation to the Driver (including contributing to audits and inspections on reasonable request) to demonstrate compliance with the terms of this clause or generally in respect of the Data Protection Laws;
not to disclose such Personal Data to a third party without the Driver’s prior consent and not appoint any other Processor or Sub-Processer of such Personal Data without the Driver’s prior written consent. Where CMV appoints another Processor or Sub-Processor then it shall comply with the requirements of the Data Protection Laws, specifically article 28(4) of the UK GDPR and shall at all times remain liable for the acts or omissions of any such other Processor or Sub-Processor;
notify the Driver promptly upon becoming aware of any actual, suspected, or threatened Personal Data Breach affecting such Personal Data, and: (i) implement any measures reasonably necessary to restore the security of compromised such Personal Data; and (ii) assist the Driver upon reasonable request to make any notifications to the ICO and affected Data Subjects;
except to the extent required by any applicable laws and regulations, upon the earlier of: (i) termination or expiry of this agreement (as applicable); and (ii) the date on which such Personal Data is no longer required to be Processed for the performance of obligations under this agreement, cease Processing all such Personal Data and, at the choice of the Driver, return or permanently destroy it;
comply with the obligations imposed upon a Processor under the Data Protection Laws; and
use all reasonable endeavours, in accordance with good practice, to assist the Driver to comply with the obligations imposed on a Controller by the Data Protection Laws.
INDEPENDENT CONTRACTOR
You confirm You are self-employed or in the case of a business organisation are entirely independent of Us, and You are responsible for Your own vehicle, insurance costs and all other equipment required to perform any of the Jobs that You undertake.
You acknowledge that We do not provide any equipment or similar other than access to Our Platform and that We are not obliged to provide any other service other than set out in these Driver Terms.
In the event that any third party should seek to establish any liability or obligation upon Us, including on the grounds that You or any Driver is an employee of Ours then You agree that You shall indemnify Us and keep Us indemnified in respect of any such liability or obligation and any related proper and reasonable costs, expenses or other Losses We shall incur as a direct result of such liability or obligation.
As an independent contractor it is entirely Your decision as to how to complete Your Jobs and what route to take.
CONFIDENTIALITY
You agree to treat all information that is not already in the public domain and that You are provided with under these Driver Terms as confidential and not to disclose such information to anyone other than as may be required for You to perform Your obligations under these Driver Terms or if requested by a government department or authority, or where necessary for You to complete a Job.
Your obligations under this clause 18 shall survive termination of Our agreement.
HOW DO WE TERMINATE OUR AGREEMENT?
We may terminate these Driver Terms and Your use of the Platform(s):
for any reason by giving You 7 days’ written notice; or
immediately if We suspect You have breached these Driver Terms or the Driver Terms.
You can terminate these Driver Terms by giving Us 7 days’ notice via the Platform that You would like Us to stop connecting You with Customers and close Your Driver’s Account.
You may stop accepting Jobs at any time.
We may suffer Loss if:
You told us You wanted to terminate these Driver Terms after You accepted the Job but before that Job starts and You then do not complete the Job in accordance with these Driver Terms; or
We suspended Your account in accordance with these Driver Terms.
Upon termination We will pay any Driver Fee owed to You within 7 days of You completing the relevant Job(s) in accordance with these Driver Terms.
OUR LIABILITY TO YOU
We are not responsible for:
the actions of the Driver during the completion of any Job,
any delay in performing the Job; or
any damage or loss of the Items.
Nothing in these Driver’s Terms shall limit or exclude Our liability to You for matters where it would be unlawful to do so. This includes death or personal injury caused by Our negligence or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
We shall not be liable under any circumstances to You for:
consequential, indirect or special losses;
loss of profits, income or revenue;
loss of savings or anticipated savings, interest or productions;
loss of business or business benefits;
loss of contracts;
loss of opportunity or expectations;
loss of goodwill and/or reputation;
loss of marketing and/or public relations time and/or opportunities;
loss of data; or
loss of management or office time.
Our liability to You shall be limited to the fees that you are paid for the Job to which the dispute relates.
Although We are not responsible for the completion of your Job by a Driver and/or any services that You provide to a Customer, and/or for a breach of contract by You, as a gesture of goodwill We will always try to help. If something goes wrong with a Job, then We will try to resolve the problem in line with Our Dispute Resolution Policy.
You can contact Us via the “Instant Support” service available within the Platform about any problem You would like to discuss with Us.
WHEN WE ARE NOT RESPONSIBLE FOR THINGS GOING WRONG
We will do everything We reasonably can to perform Our obligations under these Driver Terms but there may be times when We cannot perform Our obligations because:
laws, regulations or a government authority stops Us; or
circumstances out of Our control that We cannot remedy.
WHICH COUNTRY’S LAWS APPLY?
These Driver Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction over any disputes under this agreement.
If We fail to enforce a right under these Driver Terms that failure will not prevent Us from enforcing other rights, or the same type of right on a later occasion.
These Driver Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
OTHER IMPORTANT TERMS
Our Platform is designed for use in the United Kingdom for personal or business customers, and access to Our Platform by You from any other jurisdiction other than the UK is entirely at Your own risk.
Nothing in these Driver Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between You and Us.
You are not allowed to transfer Your rights or obligations under these Driver Terms to anyone without Our prior written consent. We may transfer Our rights and obligations under these Driver Terms to another business without Your consent, but We will notify You of the transfer and make sure that Your rights are not adversely affected as a result.
If any provision of these Driver Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Driver Terms will not be affected.
If You breach these Driver Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Driver Terms.
These Driver Terms represent the entire agreement between Us and You and replace any terms and conditions that You have been provided with previously.
|
Subject matter of processing |
Provision of the services under this agreement for which CMV is Processor of the Driver, which may include: Booking services – connecting Driver with Customer in respect of a Job Fee collection services – Collecting and processing payment for Driver’s services through the relevant Platform |
|
Duration of processing |
The duration of the agreement and until such time as clause 18.7g) has been complied with in full by CMV. |
|
Nature of processing |
The tasks and activities more particularly referred to in the parts of the services provided under this agreement for which CMV is Processor of the Driver, including providing booking services to match a Driver with a Job, and processing payments for Driver’s services to Customers through the relevant Platform. |
|
Purpose of processing |
Provision of the parts of the services under this agreement for which CMV is Processor of the Driver. |
|
Type of Personal Data |
In relation to Customers: contact details (including name, address, email and telephone), details of the Customer’s Job (including location, amount and nature of Items), and payment information in relation to payment of the Driver’s Fee (including details of card holder and card number). |
|
Categories of Data Subject |
Customers. |
PLEASE READ THESE TERMS AND CONDITIONS (the “Driver Terms”) CAREFULLY BEFORE BOOKING OR ACCEPTING A JOB VIA THE CMV PLATFORM. THESE DRIVER TERMS AND CONDITIONS SHALL APPLY BETWEEN CUSTOMER AND DRIVERS (BUT NOT CMV).
DEFINITIONS USED IN THESE DRIVER TERMS AND CONDITIONS
Throughout these Driver Terms and Conditions various defined terms are used. These defined terms are set out below for ease of reference:
|
Allocate / Allocated |
means that a Driver has been offered and has accepted a Job via the Platform(s) and CMV has allocated that Job to that Driver |
|
CMV |
means Shift Group Limited registered in England and Wales under company number 08890359 and have our registered offices at 86-90 Paul Street, London, EC2A 4NE with VAT number GB 285 6182 72. We own the CMV Platform. |
|
CMV Platform |
means the platform available at https://www.comparethemanandvan.co.uk/ |
|
Customer |
means the individual who uses the CMV Platform to book a Job |
|
Customer Terms |
means the terms and conditions in place between CMV and the Customer in relation to the Customer’s use of the CMV Platform |
|
Job |
means the collection and delivery of items by the Driver that Customer books via the CMV Platform |
|
Price |
means the cost of the Job, as specified via the Platform |
|
Driver |
means the driver who the Customer has booked via the CMV Platform to complete the Job |
THE PARTIES AND THE CONTRACT
Customers can use the Platforms to book Jobs. If a Driver wants to accept a Job (which is at the Driver’s sole discretion), they will do so via the Platform.
The identity of the Driver who will perform the Job will be provided to the Customer via the CMV Platform when the Customer selects the Driver that it wishes to complete the Job and this contract will come into effect between the Customer and the Driver when the Customer books the Job.
The contract between the Customer and the Driver will include the terms set out in these Driver Terms.
Customer can contact the Driver through the Platform that the Customer has used to book the Driver.
If the Driver has to contact the Customer, the Driver will do so by telephone or via the relevant Platform.
THE JOB
Subject to these Driver Terms and Conditions, the Driver will collect and deliver the Items as requested by the Customer via the CMV Platform.
Once the Driver has started the Job, the Driver may reject any request by the Customer to amend the Job.
The Driver will provide the Driver Delivery Service to the Customer with reasonable skill and care and in accordance with the booking for the Job that has been made via the relevant Platform.
The Driver may also be carrying out similar services for other customers and so cannot guarantee that they will take a particular route between the collection and delivery locations specified for a Job.
If the Driver is not able to collect or deliver a Job’s items by the time set out on the CMV Platform, the Driver will notify the Customer of the revised collection or delivery time as soon as possible.
Drivers do not perform Jobs outside the United Kingdom.
The Customer must:
be at the collection address set out in the Job request with the items ready to be loaded onto the Driver’s vehicle at least 15 minutes before the time the Driver is scheduled to arrive;
arrange access for the Driver at the collection and delivery locations set out in the Job;
arrange for all parking permissions at the collection and delivery locations set out in the Job, including paying any fees required for parking the Driver’s vehicle so the Job can be completed without the Driver being given a parking fine. The Driver may refuse to complete the Job if they are required to park at risk of receiving a parking fine or, in the Driver’s reasonable opinion, an unsafe distance away from the collection address;
if it has booked a Driver to move goods to a municipal waste centre, confirm with that municipal waste facility whether the Driver requires any permit to gain access and complete the Job. This may include informing the local authority of the size of the van being used and the nature of the items being disposed of. If any such permit is required the Customer must obtain it at its own expense;
read and comply with “Good Moves” which is available at Appendix 3 of the Customer Terms; and
behave and ensure that any other person connected with you behaves in a way that is not abusive or threatening towards the Driver;
not seek to use a Driver to transport any illegal Item(s).
COLLECTION
The Customer must package the Items in accordance with the Good Moves advice provided by CMV as set out in Appendix 3 of the Customer Terms. The packaging must also be sufficient to hold the Item’s weight. All Items must be able to withstand a short drop, unless clearly marked as fragile.
It is the Customer’s responsibility to ensure that all the details are correctly completed and displayed on the Item(s), which should match the details provided via the relevant Platform. It is not the Driver’s responsibility to check this information.
The Driver will assume that Item(s) have been correctly packaged and will exercise an appropriate level of skill and care based on this assumption. Any claim resulting from Item(s) which has not been packaged to a reasonable standard and in line with the above requirements may be declined.
Customers must ensure the correct Item(s) is given to the Driver and the Customer may be required to load the Item(s) into the Driver’s vehicle depending on the service which has been purchased by the Customer.
The Driver has the right to refuse to collect Item(s) in circumstances where it is reasonable to do so. This includes but is not limited to the Item(s) not being packaged, the packaging being insufficient, or the Item(s) not complying with the information provided by the Customer via the CMV Platform. In such circumstances the Customer may be charged in full in accordance with the Customer Terms.
The Driver will be able to identify themselves to the Customer when they arrive to collect the Item(s) as they will have the details of the Job on their device. The Driver accepts no liability for loss of or damage to Item(s) as a result of Item(s) being given to anyone other than the Driver.
If the Driver is unable to collect the Item(s) within the Customer’s chosen timeslot by reason of the Customer’s act or omission, then the Customer may be charged in full in accordance with the Customer Terms. Any redelivery of the Item(s) will require a new Job, for which the Customer will be charged in full.
If the Driver does not collect the Item(s) within the Customer’s chosen timeslot, other than by reason of the Customer’s act or omission, the Customer must CMV within 2 hours of the anticipated collection time. In the event that the Driver is unable to collect, the Customer will not be charged (or if already paid, receive a refund).
DELIVERY
The Driver will endeavour to notify the Customer by email, text and/or phone call if there are any issues with delivery.
The Driver will call/ email/ text the Customer if the method of delivery is not possible when they arrive at the delivery location. After making reasonable attempts to deliver, the Driver shall return any unsuccessfully delivered Item(s) to the collection location. As this requires the Driver to travel twice the distance, no refund will be given.
The Driver shall ensure that the receiver signs for the Item(s) upon delivery, indicating whether the Item is undamaged, damaged or unchecked. This will be logged by the Driver.
Where the Customer requests delivery where no person will be able to sign for the Item(s) (such as leaving the Item(s) at an unmanned address) and the Driver accepts this request, the Driver shall not be liable for any claims that the Driver was not delivered where the Driver has confirmed in real time that the Item was delivered.
CUSTOMER CHANGES TO THE BOOKING
The Customer may make changes to the Job booking up to 17:00 hours on the day before the Job is scheduled to start by using the link in the confirmation email CMV sent to the Customer.
If the Customer cannot make the changes through the link then the Customer should use the online chat at available via the relevant Platform.
CMV will try to make the requested changes as set out in the Customer Terms and the Customer should refer to the Customer terms for the consequences of any change requests that the Customer may make.
WHEN A CUSTOMER MAY CANCEL A JOB
The Customer may cancel a Job in accordance with the Customer Terms, however the Cancellation Fees (as set out in the Customer Terms) may be payable.
COMPLAINTS
The parties should comply with the Dispute Resolution Policy as set out at Appendix 3 to these Driver Terms.
CHARGES AND PAYMENT
Payment for Jobs will be paid by the Customer and collected by CMV via the relevant Platform in accordance with the Customer Terms and will be remitted to the Driver in accordance with the Driver Terms.
If the Customer is using the CMV Platform no payment will be made directly by or on behalf of the Customer to the Driver nor shall any payment be accepted by or on behalf of the Driver from the Customer.
THE DRIVER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE CUSTOMER
In the event of loss or damage to the Customer’s items, both the Customer and the Driver shall comply with clause 6.
The Driver shall be liable to the Customer for direct loss up to a maximum of the equivalent of the charges paid in relation to the relevant Job.
The Driver shall not be liable for losses that result directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event:
war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, riot, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power;
terrorism, which is defined as any act or acts including but not limited to the use or threat of force or violence or harm or damage to life or property (or the threat of such harm or damage) including but not limited to harm or damage by nuclear, chemical, biological or radioactive means, caused or occasioned by any person or group of persons, or so claimed, in whole or in part for political, religious, ideological or similar purposes; or
any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.
Nothing in these terms shall limit or exclude the Driver’s liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other loss which cannot be limited or excluded by law.
WHICH COUNTRY’S LAWS APPLY?
These Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Terms.
OTHER IMPORTANT TERMS
The Platform is designed for use in the United Kingdom for personal or business customers, and access to our Platform by you from any other jurisdiction other than the UK is entirely at your own risk.
Nothing in these Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between the Customer, the Driver and/or CMV.
Neither the Customer or the Driver are allowed to transfer your rights or obligations under these terms to anyone.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
If either party breaches these terms and the non-breaching party takes no action, the non-breaching party will still be entitled to use its rights and remedies in any other situation where there is a further breach of these terms.
These Driver Terms represents the entire agreement between the Customer and the Driver and replace any terms and conditions of purchase or supply that you have been provided with previously.
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
THIS DISPUTE RESOLUTION POLICY SHALL APPLY BETWEEN CMV, CUSTOMERS AND (ALL AS DEFINED IN THE CUSTOMER TERMS). THIS POLICY SETS OUT HOW CMV WILL HANDLE DISPUTES RAISED BY CUSTOMERS OR DRIVERS AND HOW CUSTOMERS AND CMV DRIVERS ARE EXPECTED TO RESPOND TO SUCH DISPUTES.
CMV’S OBLIGATIONS
CMV provides a procedure for resolving disputes between Customers and Drivers and will use its reasonable endeavours to mediate any dispute between the Customer and the Driver where such dispute is submitted to CMV via the Disputes Procedure, and all parties comply with the terms set out in this Dispute Resolution Procedure.
In accordance with the Customer Terms and the Driver Terms, CMV is not liable to the Customer for any failure by the Driver to undertake the Driver Delivery Services as anticipated or at all.
CMV provides assistance to the Customer and the Driver on a non-contractual basis in an effort to ensure that Customers are able to have any complaints heard in a fair manner. CMV is however not obliged to engage in any dispute resolution process with a Customer who has been or is suspected of being abusive towards a Driver or any member of staff or agent acting on behalf of CMV.
CUSTOMER’S OBLIGATIONS
Once the Driver has departed following delivery of the Items, or in the event that the Driver does not deliver the Items or has not been able to find the Items in accordance with clause 4 below, the Customer shall submit all enquiries relating to loss or damage to CMV and not to the Driver. Failure to comply with this requirement may cause a delay in the resolution of any dispute.
DAMAGED ITEMS
In the event of damage to Item(s), if the Customer wants CMV to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must:
Retain the Item(s) in the condition in which the Item(s) were received from the Driver;
If possible, take pictures of the Item(s) in the condition in which they were received from the Driver;
Inform CMV via Instant Support on the relevant Platform within 24 hours of receipt of the Item(s) of the condition of the Item(s) on receipt from the Driver and include photographic evidence if it is available; and
Inform CMV of any circumstances which the Customer believes may have led to the damage to the Item(s).
LOST ITEMS
In the event of non-delivery of Item(s), if the Customer wants CMV to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must:
contact CMV via Instant Support within twenty-four (24) hours of the expected delivery date as set out on the Platform (“Expected Delivery Date”), to notify CMV of the Driver’s failure to deliver;
provide to CMV proof that the Driver has collected the Item(s) from collection location; and
permit CMV a reasonable amount of time to engage with the Driver to search for and locate the lost item.
INFORMATION TO BE PROVIDED
In addition to the information set out in clauses 3 and 4 above, both the Driver and the Customer shall provide all other information requested by CMV to assist with its assessment of a dispute within 2 days of receipt of CMV’s request.
If the information requested is not received within the above timescales, CMV may refuse to mediate the dispute.
CMV may also ask for an estimate of repair costs for damaged Item(s), or confirmation that Item(s) cannot be repaired, to be supplied by a specialist in the relevant type of repairs.
WHAT WILL CMV DO?
CMV will use reasonable efforts to investigate the complaint and find a solution that is fair to both the Customer and the Driver.
REMEDIES
CMV shall retain all charges paid by the Customer to CMV in respect of the delivery of the relevant Item(s) throughout the period of any dispute process and until the period for contesting a decision, as set out below, has passed.
In the event that the dispute is not resolved via the Disputes Procedure, the Customer and the Driver shall make alternative arrangements for the resolution of the dispute.
If the Customer or the Driver wishes to contest any decision made via the Disputes Procedure, they must write to CMV at escalations@comparethemanandvan.co.uk within seven (7) days from the date of the decision.
CMV does not accept any liability in respect of the Disputes Procedure, including any failure of the procedure to resolve the dispute.
