By accepting these Terms and Conditions, You acknowledge that you are entering into an agreement with Vert and as an Independent Worker. By accepting these terms you acknowledge that you are not an employee of Vert and you are engaged as a Worker.
Definition of Worker
A worker is an employment classification that is unique under UK employment law. Workers are not employees. Workers are entitled to the National Living Wage, holiday pay, and access to a pension. You will continue to have total flexibility, meaning you can choose if, when, and where you work while accessing new rights and protections.
- Entitlement to pension, in line with auto enrol regulations of employees. This means Vert will pay 3% if the worker pays 5% of monthly pay. Auto enrolment happens when a driver is 22 years old and over. Drivers can opt out of the pension scheme.
- Minimum wage of £9.50 per hour. Your earnings will be topped up if they fall below this threshold after vehicle expenses and fees such as the congestion charge have been deducted.
- Holiday pay: Holidays are accrued by 12.07% of hours worked in a timeframe; holiday time is thus accrued as holiday hours (12.07% of Monthly or weekly worked hours). You can take your holiday entitlement when you want to. You are responsible to take your holiday pay every year.
- Worker can choose to drive for other platforms.
- Not entitled to statutory sick pay.
Tax Status
Workers will remain self-employed for UK tax purposes and will be responsible for their own tax returns and payments. Vert does not withhold payments for tax and National Insurance. Drivers must be registered with HMRC and have a UTR number.
How are drivers’ hours calculated?
Drivers’ hours are calculated by the time when a trip is accepted on the App and when the journey is completed. This is known as engaged time. Time waiting for a trip to be offered is not counted.
Reimbursed expenses
As a worker, you will not be reimbursed directly for expenses like vehicle costs, vehicle rental costs, mobile phone bills, or livery. However, the trip payment which you receive includes the expenses that Vert calculates that you necessarily incur when you drive. Any payments that we make to ensure you are earning the National Living Wage will take into account the average costs of running your vehicle and payment of certain fees (such as the Congestion Charge Zone in London). Vehicle running costs are calculated using HMRC’s rate for vehicle expenses.
When will holidays be paid out?
Holiday hours will be paid after holidays taken in the pay period or can be cashed out from the app.
Section 1 – Introduction
- These Terms and Conditions apply to the use of your Vert Account as an Independent Worker.
- You confirm that you are a Licensed Private Hire Driver.
- Vert is a booking service and a services marketplace providing Riders with a platform from which they can contract with Vert to obtain Private Hire Transport Services.
- Vert provides Private Hire Transport Services as a Private Hire Operator license holder.
- Upon accepting these Terms and Conditions, Vert is granting You a license to use Vert Chauffeur App for the purpose of fulfilling Rides to Vert.
- This agreement authorizes You to use the Vert Chauffeur App, and it starts on the date that you have accepted these Terms and Conditions.
- Vert reserves the right to amend and review these Terms and Conditions as We see fit.
Section 2 – Definitions
- “We”, “Us”, “Our” and “Vert”: Eye Safe Ltd, a company incorporated and registered in England and Wales with company number 10410930 and with its registered main office being at Finchley Mews, Finchley Road, Grays Essex, RM17 6RG.
- “Vert“ is a registered trademark of Eye Safe Ltd.
- “You” and “Your”: A Vert Driver who creates an account with Vert and after accepted by Vert to access and utilize the Services.
- Area: The licensing authority territories where, Private Hire Vehicles, Private Hire Drivers are legally allowed and registered for the provision of Private Hire Transport Services through a licensed Operator from the same licensed authority.
- ETA: Estimated Time of Arrival both for the Private Hire Transport Services to arrive at the pick-up point and throughout the ride to the arrival at the drop-off point.
- Eyes: Eyes are tokens that can be used to pay for trips on the Vert Platform and whose value will be the equivalent of 1 Eye = 1 Pound Sterling.
- Vert Account: A unique account that has been opened for You by Vert which allows You to use our Services.
- Vert Chauffeur App: The mobile application module through which Vert Drivers can fulfill a ride from Vert.
- Vert Platform: Any part of the Vert App ecosystem provided by Vert to deliver the Service. This includes the set of smartphone and tablet computer applications, the kiosks, and the web-based applications.
- Vert website: www.vert.london and any other websites which may be added in the future.
- Fare: The estimated amount quoted by Vert to You for the fulfillment of a Ride.
- Future Booking: The booking of a Private Hire Transport Services for pick-up at some time in the future, including any time from 20 mins plus (i.e., in 20 minutes or in 2 hours or in 3 days).
- Immediate Booking: The booking of a Private Hire Transport Services for immediate pick-up (i.e., not a booking for some point in the future).
- Navigation Route: The suggested route for the Ride generated through Vert Chauffeur App.
- Vert Driver: Any private hire driver who only through the use of the Vert Platform can access, accept, and complete a Ride from Vert.
- Ride: The provision of a particular Private Hire Transport Service and which is the subject of a Booking accepted by Vert, to You, through Vert Driver App.
- Rider: Any individual or any business/organization who creates an account to access and use Private Hire Transport Services provided by Vert through the Vert Platform.
- Services: The provision of Private Hire Transport Services, E-hailing, and Private Hire Transport Services bookings by Vert, via the Vert Platform.
- Stripe Fees: The fees charged to us by Stripe Inc. of 510 Townsend Street San Francisco, CA 94103, USA and/or its subsidiaries including but not limited to Stripe Payments Europe, Ltd for processing payments relating to the Ride and/or sums paid to or payable from You including fees relating to cashing out balances. For more information on the charges see Stripe.
- Private Hire Transport Services: The provision of transportation services by Vert.
- User: Any individual or any business/organization who creates an account and uses the Services via the Vert Platform.
- Vehicle: The licensed private hire vehicle You use to complete a Ride.
- Promotional Scheme: Products or services offered on a temporary basis through Vert platform.
- SaaS: Safety as a Standard training scheme for Vert Drivers.
- Agreement: The agreed terms between Vert and You.
- VAT: Value added tax.
Section 3 – Opening a Vert Account
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In order to be able to utilize and access the Vert Platform, You must provide proof of Your compliance with the local licensing authority.
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In order to grant and/or continue access for You to use the Vert Platform and to ensure the maintenance of its Service, we will require from You the following in a form acceptable to Us as appropriate:
- Proof of Identify.
- Proof of UK right to work if applicable.
- A valid driver's license.
- Proof of passing the City Knowledge Test if required by the licensing authority.
- A valid and current DBS Check.
- Proof of passing the English language test if required by the licensing authority.
- Proof of passing the Medical test if required by the licensing authority.
- A valid Private Hire Driver License.
- Registration with Us of a valid bank account to which the payments will be transferred to.
- Registration with Us of a valid bank card from which outstanding balances will be debited from.
- An invitation or acceptance to work through the Vert Platform by Vert.
- A valid Private Hire Vehicle License for Your Vehicle.
- A valid V5C DVLA Registration Certificate for your Vehicle (Partner Driver).
- A valid MOT Certificate for Your Vehicle.
- Proof Your Vehicle is not less than the maximum age we specify for the relevant category of vehicle and in line with your local licensing authority.
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At Our discretion, we may also require further documentation to grant or continue access for You to the Vert Platform.
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When any of the documents you have provided are within 1 month of their expiry date, You must notify Vert. You must upload valid and renewed versions of the required documents before the expiry date of the old documents. If You are in breach of this condition, You will be suspended from the Vert Platform until the updated documents have been provided.
Section 4 – Services
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This section lists the Services provided by Vert via the Vert Platform to You:
- Enables the opportunity of fulfilling a Ride via the Vert Chauffeur App as a result of an accepted booking by Vert.
- Allows You to navigate to the Rider’s defined pick-up point and then from the Rider’s defined pick-up point to the Rider’s defined drop-off destination.
- Provides secure communication tools to be used between Vert Drivers, Vert, and Riders for the purposes of fulfilling a Ride.
- Provides You with tools that allow You to better track and understand the operational and financial performance.
- Provides You with payment processing to be used for the receipt of payments resulting from the fulfilling of a Ride or other payments as a result of your Agreement with Us, such as your entitlements as a Worker.
- You will be able to access offers and promotions provided by Vert through the Promotional Scheme in Vert Chauffeur App. We reserve the rights to withdraw any promotions at any time.
Section 5 – Use of Services
- Upon registration and approval of the supporting documents required, You will be provided with a Driver ID, which will enable You to access the Vert Platform via Vert Chauffeur App and use it in accordance with these Terms and Conditions. This ID is to be used solely by You. Where the Vert Driver ID has been used or accessed by a different User, Vert reserves the right to disable Your account. You must notify Us as soon as practicable after You have knowledge of the same.
- You will need to Read, Agree, and Confirm these Terms and Conditions to be able to use the Services.
- In order to be allowed into the Vert Platform, it is compulsory for Vert Drivers to successfully complete the SaaS program, Affiliate Member. This safety program is offered by Vert free of charge to you.
- The Vert Platform is provided to You solely for the purpose of accessing the Services and therefore should not be used for other purposes.
- The Vert Platform is protected by copyright and remains the property of Vert at all times.
- Vert reserves the right to undertake legal action if a User is found to have infringed the copyright protections which are granted to the software by the Copyright, Designs and Patents Act of 1988 and the Intellectual Property Act of 2014.
- Vert reserves the right to suspend Your access to the Vert Platform, including Vert Chauffeur App and the Vert Services at its absolute discretion. This may include where You have breached these Terms and Conditions or where Vert takes the view that Your conduct is unacceptable.
- Upon logging in to the Vert App, You will be able to go Online to receive notifications of Rides from Vert as a result of an accepted booking by Vert. The notifications may be for an immediate or a future booking. If You accept the Ride, we will notify the Rider of your acceptance, and they will be able to see information about You and your vehicle: your picture, first name, car registration number, Local Authority License Number, ETA, and Your geolocation on the map. You will be able to see the Rider’s location and You will be able to navigate to this location to pick the Rider up. When You arrive at the Pick Up location you will be able to tap on “Arrive” to notify the Rider that you have arrived. By tapping “Pick-up”, You will notify Vert that the Rider is inside the vehicle. You will then be able to see the Navigation Route to the destination point. At the end of the ride, you as a driver will be able to review the fare to account for any extra charges in respect of any potential soiling. You will be responsible for inspecting the vehicle at the end of each ride and report any soiling. If soiling is not reported and accounted through “Soiling Fee” at the end of the Trip you will be responsible to pay for any charges in respect of the vehicle cleaning. If a dispute is raised by the client we will notify you.
- You will be able to accept or cancel a ride. You are under no obligation to accept a Ride from Vert.
- You are under no obligation to use the Services or otherwise to log on or log in to use Vert Chauffeur App.
- You are under no obligation to perform a minimum number of hours, and you can choose freely when and if you want to use Vert Chauffeur App.
- You retain the right to work outside Vert Platform.
- You shall not contact Riders for reasons other than for the performance of a Ride. If You are found to be irresponsibly using Riders' personal data, Vert reserves the right to remove You from the Vert Platform.
- You must not use or display any Vert name or mark at any time in or on your vehicle other than the use of Vert Chauffeur App.
Section 6 – Licensing
- It is a strict requirement that You have at all times, all necessary Private Hire Driver, Vehicle Licenses, and Insurances to enable You to lawfully operate in the geographical Area where you are licensed.
Section 7 – Taxi Services Regulatory Compliance
- You warrant that You have all the required licenses to provide Private Hire Transport Services including but not limited to those required under the Private Hire Vehicles (London) Act of 1998, the London Hackney Carriages Act of 1843, the London Cab Order of 1934, the Local Government (Miscellaneous Provisions) Act of 1976, and any other related local government regulations with their respective amendments as appropriate.
Section 8 – Insurance and Accidents
- You shall obtain and retain all necessary Insurance Policies for the vehicles You operate, including but not limited to those required by the local licensing authorities.
- You shall obtain necessary consent from the Insurance Providers for Vert to verify details of any policy in place and the data and/or details associated with the Insurance.
- In the event of an accident, You need to immediately inform and provide Vert with all the relevant details.
- If required by third parties and in an event of an accident, Vert may share your information for the purpose of any claim or investigation related to the accident.
Section 9 – Ratings
- Upon creating an account, You are enrolled in the Vert rating system.
- You agree to being rated under both the “5 star” service rating and the Vert “Safety Rating”.
- You accept and acknowledge that Vert reserves the right to request changes in order to ensure that Your behavior offers and implements the highest standard of service.
- Vert may, in their absolute discretion, suspend or revoke Your access to your account if you have failed to comply with these Terms and Conditions.
Section 10 – Fares
- You accept and acknowledge that the fare quoted in Vert Chauffeur App might increase or decrease and is subject to 10.2 and 10.3.
- You accept and acknowledge that adjustment to the final fare is subject to suspected fraudulent use of the Vert Chauffeur App or a reported inefficient route used.
- You accept and acknowledge that adjustment to the final fare is subject to suspected fraudulent use of tools from the app such as Soiling Charge, Airport, and Parking Fees.
- You accept and acknowledge that the fare quoted in Vert Chauffeur App might be subject to your Bank fees or commission.
- You accept and acknowledge that Vert may deduct from your trip fares or payments any owed amount by You to Vert.
- You accept and acknowledge that any payments made in error due to a material technical error will be adjusted.
Section 11 – Payment, Payment Periods, and Payment Fees for Vert Drivers
- At Sign Up, you will be prompted to enter your Bank Account and Sort Code into which all net balances due from all Fares will be credited automatically after 7 days, for each individual ride. The available Eye balance accumulated when the Rides are paid in Eyes (Ride Credit) can be cashed out by You at any time using the “Cash Out” option from the App. Payment will be made to Your registered bank account within 7 days of your request.
- At Sign Up, we will open an account for You with Stripe, Vert’s Payment integrator for the purpose of enabling payments to Your bank account.
- For each Ride completed, you will receive a payment after 7 days and subject to Section 10.
- You will be able to see all your Transactions in your Vert Chauffeur App. After each completed Ride, the fare will have the status “Pending,” and after 7 days, it will have the status “Processed,” meaning that this has been transferred to your bank account.
- All additional payments such as Tips are associated and subject to Stripe Fees.
Section 12 – Statements, Invoices, and Receipts
- At the end of each ride, Vert will send an electronic receipt to you. You can also see your daily and monthly Transactions in Vert Chauffeur App.
- Monthly Statements are available to you to see and Download in Vert Chauffeur App.
- If you are VAT Registered, you agree that you need to notify Vert, and any changes of your VAT status should be immediately notified to Vert.
- By accepting these Terms and Conditions You warrant that You will use Your Vert Account in a manner that is both responsible and compliant with the law. This means that:
- You may not provide access to Your Vert account to any other persons or third parties. If You do so, You will be liable for any incidents that occur during that ride.
- Your use of the Vert Platform will not involve the transportation of any unlawful, dangerous, and/or hazardous materials or goods.
- You will not intentionally cause any injury or damage, either to the vehicle or the Rider, while using the Vert Platform.
- In an event of a suspected and fraudulent use of your Account, we might require additional evidence. If You fail to provide evidence, Vert retains the right, at their absolute discretion, to block access to Your Vert Account.
- We will report to the Police and Local Authorities any suspect or dangerous activities or any suspect or fraudulent misuse of the Vert Platform.
Section 14 – Warranties
- When You have successfully been approved by Vert to create an account and you are fulfilling a Ride as a result of an accepted booking by Vert, You warrant that You are using our software in compliance with these Terms and Conditions.
- You warrant that the information You have provided to Vert is true and accurate.
Section 15 – Indemnification
- You shall indemnify Vert, its officers, directors, agents, employees for all liabilities, expenses, damages, penalties, fines, social security contributions, and taxes incurred arising from and / or related to:
- Your breach of warranties and obligations under this agreement.
- Claims from third parties including, Regulators and Government Authorities directly or indirectly related to You and / or Your Rides.
- General use of the App.
Section 16 – Limits of Liability
- Vert shall not be liable to You for:
- Any Ride that has not been accepted by You.
- Any losses resulting from incorrectly setting up the Vert Chauffeur App.
- Any theft or loss of their property or another person's property during a Ride booked and accepted by Vert.
- Any loss, cost, damage, expenses, or liabilities suffered by any person other than You, resulting from the Rider's use of Vert.
- Any loss, cost, damage, expense, or liability that affects the Rider resulting from the use of Vert Services.
- Any losses, costs, damages, expenses, or liabilities that result from a Rider using your Vehicle (including loss of revenue, profits, opportunity, employment, or business) regardless of such liabilities being or not being reasonably expected to result from Vert's negligence or breach of these Terms and Conditions.
- Any losses that could not have been reasonably expected from the breach or negligence of these Terms and Conditions.
- Vert does not exclude or limit in any way their 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 or for fraud or fraudulent misrepresentation.
Section 17 – Termination of Vert Accounts
- Vert reserves the right to revoke access and/or terminate Your Vert Account at any time in its absolute discretion. Reasons for termination include but are not limited to where You are in breach of these Terms and Conditions.
- You may terminate your Vert Account by giving us no notice and at any time. You will remain responsible for any liabilities relating to matters prior to termination.
- Vert’s Chauffeur App and Rider App are equipped with a Panic Button Capability. You acknowledge and accept that the Panic Button is only and specifically designed to serve as a communication service between You and the Emergency Services and must be used responsibly.
- You accept and acknowledge that Vert will not, to the full extent allowed by law, have any responsibility for any loss, cost, damage, expense, or liabilities incurred by you or any other party arising from either Your use of the panic Button or your responding to a Panic Button request for assistance which has been made by another User.
Section 19 – Privacy Policy
- You agree to the Terms and Conditions of the Privacy Policy document in addition to these Terms and Conditions.
Section 20 – Legal and Jurisdiction
- If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
