Effective from May 19, 2020
By clicking on the “Accept and Register” button, you acknowledge that you have read and understood these customer terms (“Customer Terms”).
Please ensure that you read and understand all of these customer terms before you start using the application, as you will be bound by these customer terms when you click “Accept and Register”.
If you do not agree with any of these customer terms, you must immediately cease accessing and using the application and the services being provided under these customer terms. Your acceptance of these customer terms will operate as a binding agreement between you, OLA UK and OLA NL in respect of your use of the application, the booking services and services. And you continue to remain bound to such terms as long as you continue to use the application, the booking services and the services.
These Customer Terms are between You, Ola Netherlands B.V. (“OLA NL”) and OLA UK Private Limited (“OLA UK”) (collectively referred to as “OLA”), each a “Party” and collectively the “Parties”.
OLA NL owns the Application and operates the Services. The Application inter alia contains a booking functionality which enables You to book Rides through the Application to obtain transport services directly from the Drives. OLA UK provides the Booking Services to enable You to book Rides on the Application whereas OLA NL provides an online platform to facilitate the Drivers, who directly contract with You for the provision of a Ride, and further assists in Fare collection and remittance.
These Customer Terms apply to Your access to, and use of, the Application (whether through a computer, mobile phone or other electronic device), the Booking Services and the Services and all information, recommendations and other products and services provided to You on or through the Application.
THE PARTIES AGREE AS FOLLOWS
1. DEFINITIONS AND INTERPRETATION
Unless the context requires otherwise, capitalised terms in these Customer Terms have the following meaning:
“Account” means the account created by You on the Application.
“Additional Fee” means any toll, duty, taxes, levies or similar fees or charges that are not included in the Fare but are payable by the Customer to the Driver in respect of the costs incurred by the Driver payable to any third party (including government agencies and regulatory authorities) under any Applicable Laws in connection with the transport services provided by the Driver directly to You.
“Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to an agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
“Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
“Application” means the “Ola” software application and programmes provided by OLA NL to You subject to these Customer Terms.
“Booking Confirmation” has the meaning set out in clause 5.1.
“Booking Services” shall mean such services provided by OLA UK which allows You to directly contract for Rides with Driver on the Application and more fully described under clause 4 of these Customer Terms. “Business Day” means any day excluding a Saturday, Sunday or public holiday in the jurisdiction where You receive transport services from a Driver.
“Cancellation Fee” means the amount payable by You as a result of You cancelling a Ride in accordance with clause 7, notified to you on the Application, or as updated here from time to time. “Card Details” has the meaning set out in clause 6.4.
“Device” has the meaning set out in clause 3.1(iii).
“Driver” means the individual driver (that provides taxis, private hire vehicles, rideshare vehicles and the like) who has entered into a valid application licence agreement with OLA NL and operates the Vehicle.
“Fare” means the amount specified on the Application payable for the specific Ride provided to You by a Driver.
“Force Majeure” has the meaning set out in clause 16.1
“Indemnified Parties” has the meaning set out in clause 13.1.
“OLA IP” has the meaning set out in clause 12.1. 3
“OLA NL” has the meaning given in the “Parties” section on the front page of these Customer Terms.
“OLA UK” has the meaning given in the “Parties” section on the front page of these Customer Terms.
“Payment Processor” has the meaning set out in clause 6.3.
“Permitted Information” has the meaning set out in clause 12.6.
“Promo Code” has the meaning set out in clause 4.9.
“Registration Data” means Your name, email address, telephone number and other information (including personal data) and any other eligibility data communicated from time to time, that You provide to OLA for registering on the Application and for availing of the Services and/or Booking Services.
“Ride” means the travel in the Vehicle by the Customer. The Ride is provided by the Driver who is in the independent business of providing transport services and uses the driver interface of the Application to contract for transport of passengers such as You.
“Services” means the technology services OLA NL provides, which facilitate the booking of Rides and other products and services accessed through the Application or via an offline mode including SMS, in the jurisdiction where you receive the transport services from a Driver.
“Total Ride Fee” means the Fare, the Cancellation Fee and/or any Additional Fee (including tolls payable to third parties and/or the Cancellation Fee (as applicable)) specified on the Application. “Vehicle” means a motor vehicle operated by the Driver, for the carriage of passengers.
“You / Your” means you, the user of the Application, the Services and the Booking Services.
“Your Content” has the meaning given in clause 12.4.
Unless the context requires otherwise, in these Customer Terms:
(i) the singular includes the plural and vice versa;
(ii) the words ‘such as’, ‘for example’, ‘including’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;
(iii) a reference to:
(a) a person includes an individual, partnership, joint venture, trust, corporation or any other entity or association whether or not it is incorporated or has a separate legal identity;
(b) a Party includes that Party’s executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation;
(c) “pounds” or “£” is to the lawful currency of the United Kingdom;
(d) anything (including a right, obligation or concept) includes each part of it;
(iv) in determining the time of day, the relevant time of day is the time in the jurisdiction where you receive transport services from a Driver;
(v) if a period of time is calculated from a particular day, act or event (such as the giving of a notice), it is to be calculated exclusive of that day, or the day of that act or event; and
(vi) no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Customer Terms or any part of them.
3. REGISTRATION AND USAGE
3.1 In order to use the Services, the Booking Services and the Application, You must:
(i) be competent to enter into a contract under Applicable Laws, and You must provide OLA with accurate, complete, current, valid and true Registration Data;
(ii) only open one Account using Your Registration Data, and not use the account of any other person;
(iii) provide Your own electronic device, which must have a functioning mobile number, data network and the ability to read text messages (SMS) and push notifications from the Application, and meet the minimum device requirements for optimum functionality of the Application (“Device”). It is Your responsibility to check to ensure that You download the correct version of the Application for Your Device;
(iv) only use the Application solely in accordance with these Customer Terms and all Applicable Laws, and not use the Application, Booking Services or Services for any illegal or unlawful purposes;
(v) only use the Application, Booking Services and Services for Your sole, personal use, and not transfer, sell, sub-licence or assign it to a third party. In the event that You use the Services or Booking Services for another individual/party, you shall be solely liable for any breach of these Customer terms by such user. Further, you must not allow persons under the age of legal majority to receive transport services from the Driver unless they are accompanied by You;
(vi) not do or try to do anything to interfere with or harm the Application, the Booking Services, the Services or the network of OLA NL or any of its Affiliates in any way whatsoever;
(vii) provide such information and documents which OLA and/or its Affiliates may reasonably request from time to time, and promptly notify OLA UK and/or its Affiliates (as applicable) of any change to any of Your Registration Data or other information provided; and
(viii) only use an authorised telephony or internet network to access and use the Application. When using the Application, the Booking Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider and the same is Your responsibility.
3.2 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party).
3.3 If the Device is lost or stolen, you must notify OLA immediately and so as to ensure that the Application is immediately blocked, suspended or deactivated.
3.4 You must also notify OLA immediately if You cannot access Your Account, you know of or suspect any unauthorised access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
3.5 OLA may immediately suspend the Services, the Booking Services and/or Your use of the Application (including Your Account) if it has a reason to believe that: (i) the Registration Data or any other information provided by You is false, outdated; (ii) the security of Your Account has been compromised in any way; or (iii) You have not complied with any of the requirements in this clause 3.
3.6 OLA NL and/or OLA UK may block, suspend, alter or update the Application, the Booking Services and/or the Services at any time (including without notice): (i) to make improvements to the Application, the Booking Services and/or the Services (including the security of the Application, the Booking Services and/or the Services); (ii) as required by Applicable Law; or (iii) to protect a legitimate business interest. However, you may terminate these Customer Terms in accordance with clause 17.2.
4. BOOKING SERVICES
4.1. The Application allows You to send a request to seek a booking for a Ride. Once You have made a request for a Ride:
(i) You must ensure that Your Device is turned on and configured appropriately (e.g. GPS is active), and the Application is active;
(ii) The Application will send Your Booking Services request to OLA UK; and
(iii) OLA UK will accept or decline Your Booking Services request in line with its statutory and contractual obligations at its registered address and/or operating centres, based on the availability of Drivers at Your location at the pickup time.
(iv) Your request for a Ride is subject to acceptance by a Driver. Once a Driver has accepted Your request, OLA UK will inform You via an SMS, push notification or confirmation 6 screen in the Application. If no Driver is available to accept Your request, OLA UK will notify you in the same manner.
4.2. The Booking Services provided through the Application shall include:
(i) Accepting bookings requested by You subject to the terms herein;
(ii) Identifying Drivers to provide transport services;
(iii) Keeping records of the bookings;
(iv) Remotely monitoring trips booked using the Application;
(v) Receiving and dealing with feedback, questions and complaints relating to bookings accepted by OLA UK;
(vi) Providing customer support for grievances; in each case in accordance with any relevant provisions of Applicable Laws. Pursuant to, and for the purposes of Applicable Laws, OLA UK accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
4.3. While OLA UK endeavours to connect You with a Driver, your request for a Ride is subject to the availability of a Driver around Your location at the time of Your request (and OLA UK may accept or reject Your request for a Booking Service request in its sole and absolute discretion).
4.4. Once Your request for a Ride has been accepted OLA UK will provide:
(i) You with a booking confirmation through the Application, and information regarding the Driver (including the Driver’s name, Vehicle details (including registration number and model), contact number, a picture of the Driver and any other details OLA UK considers appropriate); and
(ii) the Driver with Your details, such as name and drop location, necessary to enable the Driver to provide the Ride.
4.5. While OLA NL requests each Driver to use all reasonable efforts to ensure their Vehicle arrives prior to Your requested pick-up time, you must book Your Ride after considering any adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents. If there is any delay by the Vehicle in reaching Your pick-up location, you should contact the Driver assigned for Your Ride through the Application or by contacting OLA UK via in-App support or at its call centre, if available.
4.6. Except as expressly stated in these Customer Terms, the obligations of OLA NL are limited to (a) licensing the Application to You; (b) managing and operating the Application and Services in the manner reasonably determined by OLA NL; (c) operating an online booking platformto enable the Driver to directly contract with You for providing transportservices; and (d) payment collection in respect of the Rides between Driver and You; and the obligations of OLA UK are limited to: (a) managing and operating the booking functionality within the Application; and (b) providing Booking Services to You. Accordingly, OLA is merely an intermediary facilitating the provision of online marketplace services through the Application, a platform where a Driver may offer a Ride to you along with the acceptance of Booking requests
4.7. Ola NL manages and operates the Application and the booking functionality to enable OLA UK to provide the Booking Services. OLA NL is also the entity which licensed the Application to You, when you downloaded it.
4.8. Neither OLA NL nor OLA UK provideany transport services. Transport services are provided to You directly by a Driver, under a contract between you and the Driver for the provision of a specific Ride by the Driver to You. Neither OLA UK nor OLA NL is a party to, nor have any obligations or liabilities, arising out of or in relation to, such a contract between you and the Driver.
4.9. OLA NL may, in its sole discretion, create promo codes for credits and benefits (“Promo Codes”) in relation to the Services or any third party benefits or services subject to any additional terms set out by OLA NL from time to time. You agree that the Promo Codes (i) shall be used for the intended and lawful purpose and as permitted by OLA NL; (ii) may expire prior to use or be disabled at OLA NL’s discretion. OLA NL reserves the right to withhold benefits and credits in case it believes that the use of the Promo Code was fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code.
5. BOOKING CONFIRMATION
5.1. Where Your request for a Ride has been accepted, you must check the booking details on the booking confirmation OLA UK provides to You on behalf of the Driver, including the pick-up time and location (“Booking Confirmation”). If there are any incorrect details on the Booking Confirmation, you must contact OLA UK immediately by correcting Your booking details through the Application or by calling the call centre, if available.
5.2. You are responsible for any delay that may be caused due to Your failure to check the Booking Confirmation or contact OLA UK immediately to correct the booking details.
5.3. You must enter all requested waypoints and your destination within the Application, including any changes that you want to make to these whilst in trip. The Driver is within his rights not to take you to any destination or waypoint that you have not entered within the Application.
6.1. You understand that the You will be charged the Total Ride Fee by the Driver and You must pay the Total Ride Fee. OLA NL collects the Total Ride Fee on behalf and as agent of the Driver.
6.2. Subject to clause 10, the Driver reserves the right to charge You any reasonable costs required to clean or repair the Vehicle attributable to You during a Ride and You shall be responsible for the cost of such repair or cleaning. OLA NL will collect payment for such costs on behalf and as agent of the Driver. In the event that a Driver reports the need for repair or cleaning, and such repair or cleaning request is verified by OLA NL in OLA NL’s reasonable discretion, OLA NL reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Driver using your payment method designated in your Account. Such amounts will be transferred by OLA NL to the applicable Driver and are non-refundable.
6.3. Payment of the Total Ride Fee (and any sums due to the Driver under clause 6.2) will be facilitated by OLA NL on behalf of the Driver as disclosed payment collection agent for the Driver. Payment of Total Ride Fee (and any sums due to the Driver under clause 6.2) shall be considered the same as payment made directly by You to the Driver and such payments will be facilitated by a payment gateway and/or payment processing services provider appointed by OLA NL (the “Payment Processor”). The Payment Processor may be OLA NL, one of its related bodies corporate, an unrelated third party or any party sub-contracted by Ola NL for this purpose.
6.4. You will be required to provide relevant payment details including credit/debit card details (“Card Details”) to the Payment Processor in order for OLA NL to process payment of the Total Ride Fee (and any sums due to the Driver under clause 6.2), and You hereby authorise the Payment Processor to do so. Your authorisation:
(i) permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;
(ii) permits the Payment Processor to use Your Card Details for the processing oftransactions initiated by You;
(iii) will remain in effect as long as You maintain an Account (and if You delete Your Card Details or Account, OLA NL and the Payment Processor will not be able to process any further transactions initiated by You); and
(iv) is subject to any other terms and conditions of the Payment Processor specified through the Application, SMS or other methods from time to time.
6.5. OLA NL shall issue invoices to You (on behalf of the Driver) for the transport services provided to You directly by the Driver.
6.6. The Driver has authorised OLA NL to settle any payment-related disputes between Drivers and You, whom You directly contract with for the transport services.
6.7. The Total Ride Fee paid by you is final and non-refundable, unless otherwise determined by OLA NL. If any amount paid by You is fully or partially refundable for any reason, such amounts will be refunded to You by OLA NL on behalf of the Driver in accordance with and subject to Applicable Law. You may contact OLA and/or its Affiliates for any issues arising therefrom.
6.8. Any payment processing-related issue not caused by an error or fault with the Application must be resolved by You and the relevant Payment Processor.
6.9. You agree that use of certain Promo Codes may result in different charges for the same services and shall not have a bearing on charges applied to You unless the Promo Codes have been specifically made available to You.
6.10. In the event of a default or failure to pay the Total Ride Fee for any reason by You: (i) OLA NL may restrict You from booking a new Ride through the Application until the outstanding Total Ride Fee in respect of the previous Ride(s) has been paid by You; (ii) You agree and acknowledge that OLA NL (or third party service providers on its behalf) will, as agent of the Driver, recover any outstanding monies payable by You for Ride(s) in respect of which Total Ride Fee has not been paid; and (iii) You will be responsible, and must pay, for all costs incurred by OLA NL (including costs for which OLA NL may be contingently liable) in any attempt to collect any monies owed by You to Drivers under these Customer Terms including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
7. CANCELLATION FEE
7.1. You may cancel Your request for a Ride from a Driver at any time, however (subject to clause 7.3) You may be charged a Cancellation Fee according to our cancellation policy which can be found on our website at olaride.uk
7.2. The Driver may cancel Your request for a Ride according to our cancellation policy which can be found at olaride.uk.
7.3. You will be notified of any Cancellation Fee through the Application at the time You attempt to cancel Your request for a Ride, and any Cancellation Fee payable by You will be processed by OLA NL as agent of the Driver in accordance with clause 6.
8.1. VAT Law includes:
(i) Value Added Tax Act 1994, UK
(ii) VAT Law of 1968, Netherlands
(iii)Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax
8.2. Words and expressions used herein which are not defined in the Customer Terms but which have a defined meaning in VAT Law, have the same meaning as in the VAT Law.
8.3. Unless otherwise specified, all amounts payable by You for the transport services contract between You and the Driver will be subject to applicable VAT in accordance with the VAT laws.
8.4. The Driver has authorised OLA NL to issue invoices to You (on behalf of the Driver) for the transport services provided directly to the Customer by the Driver for the Ride.
9.1. In order for the Driver to provide transport services to You, the Driver may require You to not smoke or consume any alcohol, tobacco or illicit substances in or near any Vehicle, misbehave in or near any Vehicle, distract the Driver, act in violation of Applicable Laws, or otherwise act in any way which a Driver (acting reasonably) considers will risk the safety of You, the Driver or any other person.
9.2. If You breach clause 9.1, OLA may immediately suspend the Services, Booking Services and/or Your use of the Application (including Your Account).
10. FEEDBACK, ISSUES AND COMPLAINTS
10.1. You may rate a Ride after its conclusion, and You must be fair, accurate and non-defamatory while leaving complaints, comments, feedback, testimonials or reviews on or about Rides, Drivers, Services or the Booking Services.
10.2. All issues, complaints, opinions, suggestions, questions and feedback while accessing the Services or Booking Services should be notified to OLA UK via e-mail or communicated to OLA UK through the Application or by contacting its call centre, if available.
10.3. You must report any issue You have with the Application or Booking Services to OLA UK within 3 (three) days of the relevant issue occurring, otherwise OLA may not be able to address such issue.
10.4. OLA UK will endeavour to respond to You within 2 (two) Business Days after You report an issue, and OLA UK will endeavour to resolve such issue as soon as reasonably possible. OLA UK notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritised over others. OLA UK may not be able to resolve all issues, and OLA UK will not be liable where You are not satisfied with the handling or resolution of (or failure to resolve) an issue relating to the transportation services provided to You by the Driver.
10.5. If You forget or lose any luggage or property in a Vehicle during a Ride, you should contact OLA UK as soon as possible (and any event within 24 (twenty-four) hours), and OLA UK will try to locate the items. If Your luggage or property is found, OLA UK will contact You and advise You of how You will be able to collect Your luggage or property. Unless otherwise agreed (in OLA UK’s sole and absolute discretion), OLA UK will not deliver any luggage or property items to You (and if OLA UK agrees to do so, OLA UK may charge You a reasonable fee for doing so). In no event will OLA be liable for any loss or damage to Your personal effects and luggage.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The Application and all associated intellectual property rights (“OLA IP”) remain the property of OLA NL or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants You any rights in or related to the OLA IP, and all rights not expressly granted to You are reserved by OLA NL.
12.2. You must not:
(i) reverse engineer, decompile or otherwise endeavour to obtain the source code in the Application (save to the extent that You cannot be prohibited from so doing under applicable law);
(ii) copy, reproduce, modify, create derivative works or attempt to derive the composition or underlying information, structure or ideas of, any OLA IP;
(iii) breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Application;
(iv) use any OLA IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
(v) distribute, disclose or allow use of any OLA IP by any third party in any format, through any time sharing service, service bureau, network or by any other means;
(vi) merge or combine any OLA IP with any other technology not provided by OLA; or
(vii) remove any proprietary notice language on any copies of any OLA IP.
12.3. Subject to Your compliance with these Customer Terms, OLA NL grants You a limited, nonexclusive, personal, non-transferable licence during the term of these Customer Terms to use and access the Application on any Device that You own or control and to run the Application with your use of the Services solely for Your own personal use (including for the processing of Your payments to the Driver).
12.4. You are solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the Application or Device by or on Your behalf (“Your Content”). You must ensure that Your Content is not unlawful and does not infringe any third party’s rights (including intellectual property rights), and You must not:
(i) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or information, or any material relating to or encouraging money laundering or gambling;
(ii) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;
(iii) upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
(iv) except as expressly permitted by OLA NL, advertise or offer to sell or buy any goods or services for any business purpose;
(v) conduct or forward surveys, contests, pyramid schemes or chain letters;
(vi) download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner; (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (viii) deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature; (ix) restrict or inhibit any other user (including Drivers and other customers) from using and enjoying the Application; or (x) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12.5. OLA NL has no obligation or policy to monitor Your access to or use of the Application, or Your Content, but You hereby provide Your consent for OLA NL to do so, to the extent permitted by Applicable Law, for the purpose of providing and operating the Application and enabling OLA UK to provide the Booking Services, to ensure Your compliance with these Customer Terms, and to comply with Applicable Law or the order or requirement of a court, administrative agency or other government body. OLA NL may investigate and prosecute(and refer to law enforcement agencies) any actual or suspected breach of clause 12.4 by You to the fullest extent permitted by Applicable Law. OLA NL may at any time and without prior notice remove or disable access to any of Your Content which OLA NL considers (acting reasonably) to be in violation of these Customer Terms.
13.1. To the maximum extent permitted by law, you will indemnify and hold harmless OLA NL, OLA UK and its related bodies corporate (and their respective directors, officers, employees, agents and representatives) (“Indemnified Parties”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by the Indemnified Parties arising out of or in connection with any:
(i) breach by You of any Applicable Law;
(ii) misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of You;
(iii) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Ride (including in connection with any motor vehicle accident involving the Vehicles); or
(iv) claim by a Driver or any other third party caused by any of Your acts or omissions.
14. EXCLUSION OF IMPLIED TERMS
14.1. OLA does not give any commitment other than that expressly set out in these Customer Terms. Implied terms, conditions or warranties (including those for satisfactory quality, fitness for purpose and reasonable skill and care) are excluded from these Customer Terms to the maximum extent permitted by law.
14.2. Without limiting clause 14.1, to the maximum extent permitted by Applicable Law:
(i) the Application and the Booking Services and the Services are provided on an “as is” and “as available” basis and OLA NL disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms and does not make any representation, warranty, or guarantee regarding (a) the condition, performance, accuracy, completeness, merchantability, reliability, timeliness, quality, suitability, availability or fitness for a particular purpose of the Services or the Application; (b) liability, timeliness, quality, suitability or availability of the Services, or that the Services or the Application will be uninterrupted or error-free; (c) the compatibility of the Application with any other technology; or (d) the quality, suitability, safety or ability of any third party providers such as the Drivers. You agree that the entire risk arising out of Your use of the Services, and any other service requested in connection therewith, remains solely with You, to the maximum extent permitted under applicable law.
(ii) the information and recommendations in relation to the Application, Services and Booking Services that OLA NL and/or OLA UK provides to You (whether on or through the Application or via the call centre, if available) are for general information purposes only and do not constitute advice;
(iii) You acknowledge and agree that OLA does not in any manner provide transport or logistics services or function as a transportation or logistics carrier.
14.3. Nothing in these Customer Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.
15.1. To the extent permitted by applicable law, Ola UK shall not be liable to You in any manner (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
(i) any booking that has not been accepted;
(ii) any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by OLA UK;
(iii) any loss, damage, costs, expenses or liability suffered by You or anyone other than You in connection with Your use of the Application;
(iv) any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge;
(v) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment in relation to You, your employer or any other person (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Customer Terms); or
(vi) any loss or damage that You may incur arising out of or in connection with any Ride, including the conduct of the Driver (and any other person) and any accidents, incidents and issues involving the Vehicle; or
(vii) any other indirect or consequential loss, costs, expenses or liability that You suffer in connection with the Booking Services, save to the extent that OLA UK fails to perform its obligations to You to the standard of a diligent and professional provider of the relevant services.
15.2. OLA shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if OLA has been advised of the possibility of such damages. OLA shall not be liable for any damages, liability or losses arising out of: (i) Your use of or reliance on the Services and Booking Services or Your inability to access or use the Services and Booking Services; or (ii) Any transaction or relationship between you and any third party, such as the Driver, even if OLA has been advised of the possibility of such damages. OLA shall not be liable for delay or failure in performance resulting from causes beyond OLA’s reasonable control.
15.5 The limitations and exclusions of liability in this clause 15 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, or on any other basis.
15.6 OLA UK’s and OLA NL’s total aggregate liability to You for losses You suffer shall not exceed £250.
15.7 Nothing in this clause shall exclude OLA’sliability, that by law, may not be limited or excluded.
16. FORCE MAJEURE
16.1 Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party. (“Force Majeure”).
17.1. These Customer Terms shall continue until such time as they are terminated in accordance with this clause 17.
17.2. You may terminate these Customer Terms at any time by closing Your Account or uninstalling the Application. You can close Your Account at any time by following the instructions on the Application.
17.3. OLA may terminate these Customer Terms with immediate effect upon notice to You if:
(i) to comply with any Applicable Law;
(ii) You cease to satisfactorily provide Registration Data; or
(iii) You commit a breach (other than a trivial or inconsequential breach) of these Customer Terms that is not capable of remedy or (if capable of remedy) is not remedied within 4 (four) Business Days after OLA notifies You of the breach.
17.4. Upon termination of these Customer Terms for any reason:
(i) Your rights to use the Application will cease immediately, your registration and Your Account will cease to apply, and OLA NL may block Your access to the Application;
(ii) OLA NL will charge You all amounts due and owing at the date of termination in accordance with clause 6; and
(iii) the Parties must cease acting in a manner that would imply a continuing relationship between the Parties.
17.5. Clauses 11 (Privacy), 12 (Intellectual Property Rights), 15 (Liability), 18 (Notice), and 22 (Amendments to These Customer Terms) will survive termination of these Customer Terms together with any other terms which by their nature do so.
17.6. Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.
Any notices, requests and other communications required or permitted under these Customer Terms must be in writing and sent to the recipient Party as follows (as amended to time by the recipient Party by notice to the other Party):
(i) to OLA NL by email to: firstname.lastname@example.org;
(ii) to OLA UK by email to: email@example.com; and
(iii) to You by email or text message (SMS) to the email address or mobile number (as applicable) specified in the Account.
19. ENTIRE AGREEMENT
19.1. These Customer Terms constitute the entire agreement between the Parties in connection with, and will supersede all previous communications(either oral or written) between the Parties with respect to the subject matter of these Customer Terms, and no agreement or understanding varying or extending the same will be binding on either Party unless arising out of the specific provisions of these Customer Terms.
19.2. No Party has entered into these Customer Terms in reliance on any term or statement other than the terms expressly set out herein, provided that this clause 19.2 shall not apply to any fraudulent misrepresentation.
20. RELATIONSHIP OF THE PARTIES
Nothing in these Customer Terms is intended to constitute a fiduciary relationship or an agency, joint venture, partnership, employment or trust between You, OLA UK and/or OLA NL as a result of use of the Services/Booking Services.
21. GOVERNING LAW AND DISPUTE RESOLUTION
21.1. Any dispute in connection with these Customer Terms (including any question regarding its existence, validity or termination) shall be referred to arbitration. The arbitration shall be: (a) held in accordance with the LCIA Rules; (b) held in London; and (c) conducted in English by a single arbitrator agreed between the Parties (or, failing agreement, appointed by the Secretary General of LCIA). To the maximum extent permitted by law, the arbitrator’s award will be final and binding on the Parties.1,
21.2. These Customer Terms will be governed by and construed in accordance with the laws of England and Wales, and the Parties agree to submit to the exclusive jurisdiction of the courts of England.
22. AMENDMENTS TO THESE CUSTOMER TERMS
22.1. Ola may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.
22.2. You will be required to confirm Your acceptance of the amendments referred to in clause 22.1. However, if You do not agree to any such amendments, you may terminate these Customer Terms in accordance with clause 17.2 at any time prior to such amendments coming into effect.
23.1 Assignment: You may not assign or transfer any of Your rights, interests or obligations under these Customer Terms to any third party without the prior written consent of OLA NL and/or OLA UK. OLA may assign its rights and interests under these Customer Terms to any person whosoever.
23.2 Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either Party exercising any right, power or privilege under these Customer Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Customer Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.
23.3 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
23.4 Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.