Passenger Terms of Use
These terms of use govern the use by passengers (“You, Your”, “Passenger”) of certain LiWAS software and transport services (“Passenger Terms”).
1. WELCOME TO LiWAS
1.1 These Passenger Terms apply between You and:
(a) LIVINGWATERS TRANS INTEGRATED SERVICES LTD trading as “LiWAS” (a company registered in the Canada.) (“LiWAS”) in relation to the provision of the Service (as defined in clause 2.1 below); and
(b) LiWAS Operations a corporation organised and existing under the laws of the Canada, having its registered office at 75 International Blvd, Suite 202 (WT) Toronto, ON M9W 6L9, Canada. (“LiWAS Operations”) in relation to the payment services relating to the Service (as defined in clause 2.1 below),
from such time as You register and set up an account with LiWAS.
1.2 It is important that You read and understand the Passenger Terms before using the Service (as defined in 2.1 below). By using and accessing the Service, You agree to these Passenger Terms. If You do not agree to these Passenger Terms, please do not use the Service.
2. LiWAS SERVICE
2.1 LiWAS operates a free platform (the “Service”) that allows You to request, book and pay for passenger transportation services (“Journey/Orders”) using the LiWAS application (the “App”) available for download on Your mobile device and for licensed private hire vehicle drivers (“Drivers”) to provide the Journey/Order/Order to You.
2.2 When You submit a booking request for a Journey/Order through the App, LiWAS will process Your request and may accept Your booking (depending on Your location and payment history) for the purpose of finding and allocating You a Driver who is willing and able to fulfil Your Journey/Order request.
2.3 Once an individual Driver confirms that they will accept Your Journey/Order request, You will enter into a separate agreement with the Driver for the provision of the Journey/Order on such terms and conditions as You agree with the Driver. LiWAS does not provide Journey/Orders and is not a party to Your agreement with the relevant Driver.
2.4 LiWAS will provide the following as part of the Service in connection with the Journey/Order;
(a) Accepting and processing bookings as they are made by You;
(b) Identifying a Driver to complete Your Journey/Order;
(c) Keeping records of bookings;
(d) Monitoring trips booked through the App remotely to ensure the safety of Drivers and Passengers, and the effective functioning of the App;
(e) Processing and managing complaints, questions, requests regarding lost and found items, and feedback through our customer support team. We encourage any and all feedback about Journey/Orders to be provided through the App,
2.5 You may cancel Your booking request for a Journey/Order any time before You begin Your Journey/Order by informing the Driver through the App. However, if You:
(a) cancel Your booking request more than 4 minutes after Your Journey/Order was successfully allocated by LiWAS to a Driver; or
(b) are late to meet Your Driver at the pick-up location and time You selected on the App when booking the Journey/Order,
LiWAS Operations may collect a cancellation or late show-up fee from You of up to £10 on behalf of the Driver.
2.6 LiWAS may, from time to time, provide social features on the Service, such as the ability to contact, rate and review the Driver. Any use of such social features should comply with our Rules of Acceptable Use below.
3. Accessing the Service
3.1 To access the Service, You must:
(a) download the App on Your mobile device (the App is free from either the Google App Store or the Apple App Store);
(b) accept these Passenger Terms and any relevant app store terms;
(c) be at least 18 years old;
(d) treat Your Driver with respect, courtesy and decency – as You would expect to be treated as a Passenger; and
(e) register and set up a LiWAS account with a user ID and password (Your “Account”).
3.2 You may connect to the Service using a third-party service (e.g. LinkedIn, Facebook or Twitter) . You acknowledge that LiWAS may access and use Your information from that service (including Your personal, data) as permitted by that service and as set out in LiWAS’s Privacy
3.3 During the installation of the App, the Passenger’s mobile number is linked to the respective LiWAS Account and added to our database. If You are no longer using Your mobile number, You must notify LiWAS within 7 days so we can anonymise Your Account data. If You do not notify us about any change to Your number, Your mobile operator may issue the same mobile number to another of their users and when using the App, this new person may be able to access Your data on the App.
3.4 You must provide LiWAS Operations with valid and up-to-date credit or debit card details in order to use Your Account to utilise the Service. You authorise LiWAS Operations to collect from such credit or debit card the Fares incurred via Your Account and hereby confirm that the details You provide are accurate and that You have the right to use the credit or debit card provided.
3.5 You are responsible for maintaining the confidentiality of Your login details and any activities that occur under Your Account. If You have any concerns that Your Account may have been misused, You should contact LiWAS at london@LiWAS.eu straight away to let LiWAS know.
3.6 Your privacy is important to LiWAS and LiWAS Operations. You should read the LiWAS’s Privacy Policy to understand how LiWAS and LiWAS Operations collect, use and share information about You. By using the App and the Service, You acknowledge that Your personal data will be processed in accordance with LiWAS’s Privacy Policy. Please note that LiWAS is committed to proactively and reactively cooperating and assisting law enforcement officials in relation to incidence which occur on a Journey/Order or between a Passenger and Driver. At our discretion and in accordance with applicable data protection laws and regulation, we may provide information regarding You, Your Account, and Your trip history to law enforcement officers and agents – further information about such disclosures can be found in LiWAS’s Privacy Policy.
4. Your Right to Use the Service
4.1 As long as You comply with these Passenger Terms, LiWAS agrees to grant You a royalty free, revocable, non-exclusive right to access and use the Service in accordance with these Passenger Terms, LiWAS’s Privacy Policy and the applicable app-store terms (incorporated into these Passenger Terms by reference). You may not transfer or sub-license this right to use the Service.
4.2 Unless allowed by these Passenger Terms and as permitted by the functionality of the Service, You agree:
(a) not to copy the App or any portion of the Service;
(b) not to give or sell or otherwise make available our App or any portion of the Service to anybody else;
(c) not to change the App or any portion of the Service in any way; and
(d) not to look for or access the code of the App or any portion of the Service that LiWAS has not expressly published publicly for general use.
4.3 You agree that You have no rights in or to the App or any portion of the Service other than the right to use them in accordance with these Passenger Terms.
4.4 All intellectual property rights in the Service, its content and any related documentation existing anywhere in the world belong to LiWAS or its licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without LiWAS’s prior written consent. You will not have any rights of ownership in the Service, its content or any related documents other than the right to use it in accordance with these Passenger Terms.
5. Taking a Journey/Order
5.1 By requesting to book a Journey/Order which is accepted by LiWAS, You agree to enter into a further agreement with Your Driver to take (or to authorise another person to take) and pay for the Journey/Order You have requested.
5.2 You acknowledge that while undertaking the Journey/Order:
(a) Your Driver may take any reasonable route to Your requested destination and LiWAS does not set any route restrictions;
(b) You may amend Your route in consultation with Your Driver;
(c) an extraordinary situation (such as mechanical breakdown or civil emergencies) may result in Your Driver being unable to complete Your Journey/Order;
(d) You will not consume or carry drugs or alcohol in the vehicle;
(e) You will not carry or use weapons in the vehicle; and
(f) You will not use, incite or encourage violence, racism or discrimination in any form.
5.3 You agree that while You are a Passenger of any Journey/Order You will treat Your Driver with respect, courtesy and decency – as You would expect to be treated as a Passenger. Any failure to abide by these Passenger Terms may affect Your ratings, entitle LiWAS to suspend or terminate Your access to the Service or may be escalated to LiWAS or the relevant authorities.
5.4 You agree that if You or Your co-passengers damage the vehicle including its furnishing (including by staining the vehicle or causing the vehicle to smell) we may, on behalf of the Driver, require you to pay a cleaning fee of £60 or, if greater, the costs of cleaning or repairing the vehicle (the “Repair or Cleaning Charge”). If You do not pay the Repair or Cleaning Charge when notified, You authorise us to deduct that amount from Your credit or debit card.
5.5 Drivers commit to a high standard of service and professionalism towards Passengers. Please let us know at complaint@liwasride.com or through the App if You have not had a satisfactory Journey/Order.
6. Fares and Payment Services from LiWAS Operations
6.1 LiWAS Operations processes all payments in relation to the App, including invoicing, collecting payments from You, refunding Passengers (where appropriate) and remitting payments to Drivers (“Payment Services”).
6.2 Once a Driver has completed Your Journey/Order, LiWAS Operations will collect a fare from You on behalf of the Driver for each completed Journey/Order taken through the Service (“Fare”). The Fare will be determined by the Software, having regard to the actual Journey/Order time, any peak pricing, cancellation fees, and distance travelled.
6.3 As part of Your request for a Journey/Order, the App will provide You with an estimate of the fare You will be charged for the provision of the Journey/Order (the “Estimate”). This Estimate is provided for Your reference only and the actual Fare may vary due to Journey/Order time, distance travelled, any changes agreed with Your Driver or any peak pricing.
6.4 Once You have completed a Journey/Order, LiWAS Operations will invoice You on behalf of the Driver and charge Your nominated credit or debit card for the amount of the Fare. LiWAS Operations will then create a receipt on behalf of Your Driver setting out the route, Fare, time and other relevant information relating to that particular Journey/Order.
6.5 If, due to no fault of LiWAS Operations or the Service, LiWAS Operations is unsuccessful in collecting a Fare or any other amount from Your credit or debit card, LiWAS will inform You and LiWAS may suspend or temporarily disable all or part of Your access to the Service (without any responsibility to You), and LiWAS shall be under no obligation to provide any or all of the Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to either LiWAS or LiWAS Operations (as the Payment Services provider).
7. Promotional Codes
7.1 LiWAS and any entity that is directly or indirectly under the control of LiWAS and/or LiWAS Operations (an “Affiliate Company”), may send You promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a Journey/Order or other features or benefits related to the service and/or a third party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in-App once You have applied the promo code to Your Account.
7.2 If Your trip amount exceeds the redeemable credit allocated to Your Journey/Order, the balance will be automatically deducted from Your Account. Similarly, a promotional code credit only applies on a per Journey/Order basis and cannot carry over to a next Journey/Order / trip and therefore will be forfeited.
7.3 LiWAS reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if LiWAS deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
8. Your content
8.1 You confirm that any text, images or any other information that You provide to LiWAS whilst using the Service (“User Content”) will meet the Rules of Acceptable Use (as defined in clause 10 below).
8.2 LiWAS does not claim ownership in Your User Content and ownership will remain with You (or the relevant third party owner). You grant LiWAS a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing the Service (including, where applicable, allowing other users to view Your User Content).
8.3 You must ensure that You are able to grant us the above licence for any content owned by a third party that You include in Your User Content.
8.4 Our right to use Your User Content does not in any way affect Your privacy rights. Please see clause 9 of these Passenger Terms for further information about how we use Your personal data.
8.5 The Services make available third party content, such as User Content. LiWAS is not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where LiWAS considers that it breaches any of the Rules of Acceptable Use.
9. Processing of Personal Data
9.1 For details on how LiWAS and LiWAS Operations collects, stores, discloses and processes Your personal data, please refer to LiWAS’s Privacy Policy
By using the App and the Service, You acknowledge that Your personal data will be processed in accordance with LiWAS’s Privacy Policy.
10. Rules of Acceptable Use
10.1 In addition to the other requirements within these Passenger Terms, this section describes specific rules that apply to Your use of the Service (the “Rules of Acceptable Use”).
10.2 When using the Service (including, where relevant, during any Journey/Order) You must not:
(a) circumvent, disable or otherwise interfere with any security related features of the Service;
(b) permit another person to use the Service on Your behalf unless such person is authorised by You;
(c) use the Service if LiWAS has suspended or banned You from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
(e) modify, interfere, intercept, disrupt or hack the Service;
(f) misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment;
(g) collect any data from the Service other than in accordance with these Passenger Terms;
(h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(i) submit or contribute any User Content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(j) use any User Content in violation of any licensing terms specified by the owner;
(k) submit or contribute any information or commentary about another person without that person’s permission;
(l) threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
(m) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time.
10.3 Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Passenger Terms, and may result in LiWAS and/or LiWAS Operations taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of Your right to use the Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to You;
(d) legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
(e) disclosure of such information to law enforcement authorities, including information about Your personal data, as LiWAS and/or LiWAS Operations reasonably feel is necessary or as is required (and in accordance with LiWAS’s Privacy Policy.
10.4 The responses described in paragraph 10.3 are not limited, and LiWAS and/or LiWAS Operations may take any other action LiWAS and/or LiWAS Operations reasonably deems appropriate or as is required. For more information, please review LiWAS’s Privacy Policy.
11. Ending our relationship
11.1 If at any time You feel that You can no longer agree to these Passenger Terms or any changes made to the Passenger Terms or the Service, You must immediately uninstall the App and stop using the Service.
11.2 If You would like to delete Your Account, please email LiWAS at london@LiWAS.eu or let us know using the communication feature in the Service. Please note that in order for us to access Your data and delete Your Account, it may be required for You to first verify Your identity.
11.3 LiWAS may immediately end Your use of the Service if You breach these Passenger Terms or LiWAS considers it necessary to protect the integrity of LiWAS or the safety of LiWAS staff or its affiliated Drivers.
11.4 LiWAS may withdraw the Service as long as LiWAS gives You a reasonable notice that it plans to do this.
11.5 If the relationship is terminated or LiWAS withdraws the Service as described in this section, LiWAS may delete Your User Content or any other information it holds about You. You will also lose any rights You have to use the Service or to access any content provided by us under the Service, any content provided by Drivers or Your User Content. LiWAS will not offer You compensation for any resulting losses.
11.6 The termination of Your use of the Service and the cancellation of Your Account shall not affect any of Your obligations to pay any sums due to LiWAS Operations.
12. Liability
12.1 Nothing set out in these Passenger Terms limits or excludes LiWAS’s or LiWAS Operations’ liability to You in relation to:
(a) death or personal injury arising as a result of LiWAS or LiWAS Operations’ negligence;
(b) fraud on the part of LiWAS or LiWAS Operations;
(c) any rights You have under consumer law which cannot be excluded or limited under applicable law;
(d) any other liability that cannot be excluded or limited under applicable law.
12.2 All Drivers undergo verification, training and checks before they are able to be affiliated with LiWAS and provide Journey/Orders to You through the App. However, You acknowledge that riding in vehicles is inherently dangerous and LiWAS (and/or any of its affiliates) has no liability or responsibility to You in relation to any Journey/Order provided by Drivers.
12.3 The Service, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by applicable law, neither LiWAS nor LiWAS Operations makes any promises, whether express or implied, with respect to the Service, its content or functionality.
12.4 Neither LiWAS nor LiWAS Operations and its affiliate companies makes any promise that access to the Service will be uninterrupted or error free. Neither LiWAS nor LiWAS Operations makes any representation, warranty or guarantee regarding the reliability, timeliness, suitability or quality of the Service.
12.5 To the maximum extent permitted under applicable law, neither LiWAS nor LiWAS Operations will be liable to You in any way, whether for breach of contract, in tort (including negligence) or otherwise, for any damages, loss, costs or other liability, except to the extent that such damages, losses or costs are a foreseeable consequence of LiWAS’s failing to perform its obligations under the Passenger Terms.
12.6 If LiWAS or LiWAS Operations has any liability to You whether for breach of contract, in tort (including negligence) or otherwise, in connection with these Passenger Terms, or as a result of You using the Service (including any Journey/Order contracted for through the App), the maximum liability of LiWAS or LiWAS Operations (as applicable) will be £250 in aggregate.
13. Resolving disputes
13.1 Should You have any dispute, conflict, claim or controversy with LiWAS, LiWAS Operations or any of its Affiliate Companies relating to the Service or payment processing, including disputing a Fare (“Dispute”), then in the first instance please contact london@LiWAS.eu and attempt to resolve the dispute with LiWAS, LiWAS Operations or any of its Affiliate Companies (as applicable) informally.
13.2 In the unlikely event that the parties have not been able to resolve a dispute informally, LiWAS will discuss and agree with You the most effective way of resolving the dispute and, as a last resort, any Dispute shall be finally resolved in the courts of England.
14. Contact, feedback and complaints
14.1 If You need to contact LiWAS or LiWAS Operations in relation to these Passenger Terms or any other document mentioned in them, You can contact LiWAS and LiWAS Operations at the support centre by emailing london@LiWAS.eu
14.2 LiWAS values hearing from its users, and is always interested in learning about ways LiWAS can improve the Service. By providing Your feedback You agree that You are giving up any rights You have in Your feedback so that LiWAS may use and allow others to use it without any restriction and without any payment to You.
15. Final Provisions
15.1 English law will apply to all disputes and the interpretation of these Passenger Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to Your use of the Service.
15.2 If any provision of these Passenger Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Passenger Terms shall not be deemed a waiver of such term.
15.3 In order to ensure that LiWAS is a market leader, it is constantly updating and improving the Service. This may include updating or deleting certain elements of the Service and this may impact on Your use of the Service or Your User Content. If LiWAS make any changes to the Service, Your continued use will be deemed acceptance of the changes. You may stop using the Service at any time.
15.4 LiWAS may from time to time also amend these Passenger Terms. LiWAS will normally notify You in advance before the new Passenger Terms become effective. Your continued use of the Service after the revised terms become effective will be deemed acceptance of the terms.
15.5 No provision of these Passenger Terms is enforceable under the Contracts (Rights to Third Parties) Act 1999 by a person who is not a party to these Passenger Terms.
15.6 Date of entry into force of the General Terms and Conditions: 27.07.2021