TransferHub App Terms & Conditions
These General Terms set forth the main terms and conditions applying to and governing the usage of the TransferHub Services by the passenger and drivers.
In order to provide Transportation Services via using the TransferHub app, you must agree to the terms and conditions that are set forth below.
1. DEFINITIONS
1.1. TransferHub is a trade name of (also referred to as "Company", "we", "our" or "us") – Digital Mobility Solutions OÜ - a private limited company incorporated and registered under the laws of Estonia with registration number 16616306, legal address: Harju maakond, Tallinn, Lasnamäe linnaosa, Kesk-Sõjamäe tn 2/1, 11415.
1.2. TransferHub Services – services that TransferHub provides, including provision and maintenance of TransferHub App dispatch support, communication between the Driver and the Passenger and other similar services.
1.3. Passenger – a customer or client of Company using Transportation Services provided by Driver.
1.4. Driver (also referred to as “you“) – the person providing Transportation Services via the TransferHub App. Each Driver will get a personal TransferHub Account to use the TransferHub App.
1.5. Agreement – the agreement between the Driver and the Company regarding the use of TransferHub Services which consists of:
1.5.1. these General Terms;
1.5.2. special terms displayed in TransferHub App, regarding service descriptions;
1.5.3. the guidelines for Drivers;
1.5.4. other terms referred to in this Agreement as may be amended from time to time.
1.6. TransferHub Drivers Account – access to a TransferHub App for Drivers containing information in course of the provision of Transportation Services. The driver may access the TransferHub Drivers Account by entering username and password.
1.7. Transportation Services (also referred to as “Service” or "Task") – transport services that Driver is providing to Passenger.
1.8. Ride – means the successful completion by Driver of the pickup of a customer or client of Company (Passenger) and drop off of the Passenger at the Passenger's chosen destination. Transportation Service can consist of one or more rides.
2. ENTRY INTO THE AGREEMENT
2.1. The company agrees to retain the Driver to provide Transportation Services as an independent contractor. The Driver hereby accepts such engagement and agrees to comply with the terms and conditions set forth herein. The Driver shall provide and dedicate all resources necessary to perform the Transportation Services in a timely and professional manner consistent with the highest industry standards.
2.1.1. Prior to using the TransferHub Services, you must sign up by providing the requested information in the signup application on the website and uploading necessary documentation as required by the Company. Upon successful completion of the signup application, the Company will provide you with a personal account accessible via a username and password. By clicking the “Sign up” button located at the end of the signup application, you represent and warrant that:
2.1.2. You are entitled to enter into an agreement to use the TransferHub App for providing the Transportation Service;
2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;
2.1.3. all the information you have presented to us is accurate, correct and complete;
2.1.4. you will keep TransferHub Drivers Account accurate and profile information updated at all times;
2.1.5. you will not authorize other persons to use your TransferHub Drivers Account nor transfer or assign it to any other person;
2.1.6. you will not use the TransferHub Services for unauthorized or unlawful purposes and impair the proper operation of the TransferHub Services;
2.1.7. at all times, you fully comply with all laws and regulations of your domestic country, applicable for providing of Transportation Services, including (but not limited to) laws regulating passenger transportation services;
2.3. After submitting your registration application, you may be asked for additional information in order to use the TransferHub app. Services. This may include a criminal record, valid driver's license, satisfactory technical condition of the vehicle, completion of a training course, possession of a GPS-enabled mobile device and other conditions. If such additional information is required, you will be sent a relevant e-mail to the e-mail address you provided. Failure to comply with the specified requirements and conditions may result in the termination of the Agreement and the right to use TransferHub App. services.
3. RIGHT TO USE TRANSFERHUB DRIVERS ACCOUNT
3.1. The Company provides you the right of access to the TransferHub App and the TransferHub Drivers Account. You have no right to transfer your access right to third parties.
3.2. In course of using the TransferHub App for Drivers and/or TransferHub Drivers Account you may not:
3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the TransferHub App for Drivers or other software of TransferHub ;
3.2.2. modify the TransferHub App for Drivers or the TransferHub Drivers Account in any manner or form or to use modified versions of TransferHub App for Drivers;
3.2.3. attempt to gain unauthorized access to the TransferHub App for Drivers or any other TransferHub Services.
3.3. The License granted herein revokes automatically and simultaneously with the termination of the Agreement. After termination of the Agreement, you must immediately stop using the TransferHub App for Drivers and we are entitled to block and delete your TransferHub Drivers Account without prior notice.
3.4. All copyrights and trademarks, including source code, databases, logos, and visual designs are owned by TransferHub and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using any TransferHub Services, you do not acquire any rights of ownership to any intellectual property.
4. PROVIDING TRANSPORTATION SERVICES
4.1. The Driver’s Obligations. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement, as well as applicable laws and regulations of your domestic country. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services.
4.2. You must have all licenses (including a valid Carrier’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required for providing the Transportation Services. It is your obligation to maintain the validity of all the aforementioned documentation. The Company reserves the right to require you to present evidence and submit for review all of the necessary licenses, permits, approvals, authority, registrations, and certifications.
4.3. You must professionally provide the Transportation Services in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger's request in the best interest of the Passenger. Among else, you (i) must take the route most time-effective for the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make any unauthorized stops; (iii) may not have any other passengers in the vehicle other than how it's shown in the task you accepted in TransferHub Drivers App; and (iv) must adhere to any applicable traffic acts and regulations, i.e. must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving.
4.4. Costs you incur while providing the Transportation Services.
You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes, etc. Please bear in mind that using the TransferHub App for Drivers may bring about the consummation of large amounts of data on your mobile data plan. Thus, we suggest that you subscribe to a data plan with unlimited or very high data usage capacity.
4.5. Before providing Transportation Services, you must verify that the service is being provided to the right Passenger..
5. CUSTOMER SUPPORT
The Company shall provide Customer Support regarding the use of the TransferHub Services.
7. RATINGS AND ACTIVITY
7.1. In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Driver´s account and will be available in the TransferHub App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.
7.3. In order to provide reliable services to Passengers, the Company may determine a minimum average rating that Drivers must establish and maintain. If, after a pertinent notification from the Company, you do not increase your average rating to the minimum level within the prescribed time period, your Driver´s account can be suspended either temporarily or permanently. The Company may reverse the suspension of your account if it is merited by any external circumstances, or that it is detected that the suspension was caused by a system error or false rating.
8. RELATIONSHIP BETWEEN YOU, COMPANY
8.1. You acknowledge that neither employment agreement, nor an employment relationship has been, or will be established between you and the Company. The TransferHub App only provides detailed information about the planned transportation service and ensures the exchange of information between the passenger, the Customer Support and you to ensure the provision of quality transportation service to the customer.
8.2. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.
9. PROCESSING OF PERSONAL DATA
Your personal data will be processed in accordance with the Privacy Notice and accordance with personal data protection legislation.
10. GEOLOCATION
10.1. The Driver acknowledges and agrees that Driver’s geo-location information must be provided to the Company via Driver’s smartphone (“Smartphone”) in order to perform Transportation Services. The Driver acknowledges and agrees that:
10.1.1. Driver’s geo-location information may be obtained by the Company or its affiliates while the App is running;
10.1.2. the approximate location of the Driver’s Vehicle will be displayed to the Passenger before and during the provision of the transportation service to such Passengers. In addition, the Company and its Affiliates may monitor, track and share with third parties Driver’s geo-location information obtained by the TransferHub App and Smartphone for safety and security purposes.
11. LIABILITY
11.1. The tasks on TransferHub App is provided on an "as is" and “as available” basis. The Company does not represent, warrant or guarantee that access to TransferHub App for Drivers will be uninterrupted or error-free.
11.2. To the maximum extent permitted under the law, neither the representatives, directors, and employees of the Company are liable for any loss or damage that you may incur as a result of using the TransferHub Services, including but not limited to:
11.2.1. any direct or indirect property damage or monetary loss;
11.2.2. loss of profit or anticipated savings;
11.2.3. loss of business, contracts, contacts, goodwill, reputation, and any loss that may arise from interruption of the business;
11.2.4. loss or inaccuracy of data; and
11.2.5. any other type of loss or damage.
11.3. the Company shall not be liable for the actions or non-actions of the Passenger or co-passengers, and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.
11.4. You shall be fully liable for breach of the General Terms, Agreement, or any other applicable laws or regulations, and must stop and remedy such breach immediately after receipt of a respective demand from the Company or any state authority. You shall indemnify the Company for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that the Company may occur in connection with your breach of the General Terms, Agreement, and laws and regulations. If the Passenger presents any claims against the Company in connection with your provision of Transportation Services, then you shall compensate such damage to the Company in full within 7 (seven) days as of your receipt of the respective request from the Company. In case the Company is entitled to present any claims against you, then you shall compensate the Company any legal costs related to the evaluation of the damages and submission of claims relating to compensation for such damage.
12. TERM AND TERMINATION
12.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you, and you commence or continue providing Transportation Services on TransferHub App for Drivers.
12.2. You may terminate the Agreement at any time by notifying the Company at least 7 (seven) days in advance, after which, your right to use the TransferHub Services shall terminate. The Company may terminate the Agreement at any time and for any reason at the sole discretion of the Company by notifying you at least 3 (three) days in advance.
12.3. The Company is entitled to immediately terminate the Agreement and block your access to TransferHub App for Drivers without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage the Company, or cause harm to the TransferHub brand, reputation, or business as determined by TransferHub in sole discretion. In the aforementioned cases, the Company may, at its discretion, prohibit you from registering a new Driver’s account.
12.4. The Company may also immediately block your access to the TransferHub Account for the period of the investigation if the Company suspects an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
12.5. The Company is aiming to provide the highest quality service to all Passengers; therefore, the Company is monitoring the activity of Drivers on the TransferHub App. If you fail to meet the minimal service requirements, such as the minimal rating, the Company is entitled to immediately terminate the Agreement without giving any advance notice.
13. AMENDMENTS
13.1. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, TransferHub App, or TransferHub Drivers Account, and you have continued to provide the Transportation Services.
13.2. In order to amend the General Terms, the Company shall post a revised version on the website. If you continue to use the Company’s Services, you shall be deemed to have accepted the revised conditions.
14. APPLICABLE LAW AND COURT JURISDICTION
14.1. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of Hungary.
15. NOTICES
15.1. You are obliged to immediately notify the Company of any changes to your contact information.
15.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if:
15.2.1. delivered personally,
15.2.2. sent by courier with proof of delivery,
15.2.3. sent by registered mail,
15.2.4. sent by e-mail or
15.2.5. made available via the TransferHub App or TransferHub App Drivers Account.
15.3 Any notice which is sent or dispatched in accordance with the previous clause, shall be deemed to have been received:
15.3.1. if delivered personally, at the time of delivery to the party;
15.3.2. if delivered by courier, on the date stated by the courier, as being the date on which the envelope containing the notice was delivered to the party;
15.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
15.3.4. if made available via the TransferHub App or TransferHub Drivers Account, or
15.3.5. if sent by e-mail, on the day that the party received the e-mail confirms receiving the respective e-mail, or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party), and has sent the e-mail again on the next calendar day and has not received a similar error notice.
16. FINAL PROVISIONS
If any provision of the General 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.