Driver Terms & Conditions

These General Terms for Drivers (“Driver Terms”) set out the legal agreement for each transportation provider (“You, your” or known collectively as “Drivers”) governing the use of certain Himalaya Cars owned or licensed software and provision of rides (as defined in clause 2.2 below).

Himalaya Cars
1. The Driver Terms are a legally binding agreement under which You:
  1. are granted a licence to use Himalaya Cars driver mobile application or recommended (“Third-Party”) mobile application, the website at Himalaya Cars (“Website”) and proprietary software (together, the “Software”); and
  2. agree, to the extent You agree to do so on any occasion, to provide transportation services to members of the public requesting such services through the Himalaya Cars passenger application (“Passengers”).
2. These Driver Terms apply between You and:
  1. Hedge End Taxi Ltd trading as “Himalaya Cars” (a company registered in the United Kingdom, with company number ) (“Himalaya Cars”) in relation to payment services and the provision of the Software and the Software Services (as defined in clause 2.1 below); and in relation to the payment services relating to the Software Services (as defined in clause 2.1 below), from such time as you submit Your application to register with Himalaya Cars. The company’s registered office is at 13c Simmons close, England GB SO304NT
Himalaya Cars Services
1. Himalaya Cars and its licensors provide a digital marketplace and information society service, accessed via the Driver App and the Himalaya Cars passenger application, that allows Himalaya Cars to accept requests from Passengers for requests for transport services and then make these requests available, through the Driver App, to Drivers to select, to the extent the Drivers agree to do so on any given occasion, to fulfil such requests directly with the Passengers (together, the “Software Services”).
2. Himalaya Cars and its licensors agree to provide the Software and Software Services to You free of charge, for use in accordance with these Driver Terms. The transportation services that You provide to Passengers through the Software Services shall be referred to in these Driver Terms as “Journeys”.
3. Himalaya Cars accepts all the bookings.
4. You are responsible for providing all equipment necessary to perform the rides, at your own expense. This includes costs such as the vehicle, fuel, tolls, and depreciation of the vehicle.
5. Himalaya Cars provision for the invitation or acceptance of Journeys is made under Himalaya Cars PHV Operator’s Licence number , issued by Transport for London, in accordance with the Private Hire Vehicles (London) Act 1998 and elsewhere by Local Authorities in accordance with the Local Government (Miscellaneous Provisions) Act 1976 (“Operating Licence”).
Applying to Use the Driver App
1. Prior to downloading the Driver App You must apply to register with Himalaya Cars. As part of the registration process, you will need to supply Himalaya Cars with information about Yourself, your private hire vehicle licence, your vehicle (including insurance and road tax) and other information requested by Himalaya Cars. This may include a medical certificate, topographical test certificate and any relevant English language test certificate in order to assess Your suitability to use the Driver App. Himalaya Cars may verify this information with third party providers and in this respect, where required by applicable law or regulations, you provide Your specific consent to Himalaya Cars seeking this verification. Please see clause 16 of these Driver Terms for further information about how we use Your personal data.
2. You will be asked to verify your email and select a password when registering. These details are personal to You and are not transferable. Your email address and password are the methods used by Himalaya Cars to identify users of the Software Services and so are very important.
3. By submitting Your account application, you represent and warrant that:
  1. You can legally enter into an agreement with Himalaya Cars to use the Software Services.
  2. You have carefully studied, fully understand, and agree to be bound by these Driver Terms, including all the obligations imposed on You by these Driver Terms.
  3. all the information presented to Himalaya Cars by You is, and shall continue to be, accurate, correct, and complete.
  4. once You have an account to use the Software Services, you will not authorise any other person to use Your account nor transfer it to any other person, without the express written consent of Himalaya Cars.
  5. You will not use the Software for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Software.
  6. You will not copy or distribute the Software or other Himalaya Cars content without the prior written permission from Himalaya Cars.
  7. You have, and will continue to have, the right to work in the United Kingdom (including holding a valid National Insurance Number).
  8. You have, and will continue to have, all the necessary permits, licences (including a private vehicle hire licence), insurances, road tax and authorisations to provide the Journeys under these Driver Terms. Where there are ‘special conditions’ attached to my London Private Hire Driver’s Licence, particularly though not limited to, limitations on the period of time which, or periods, during which I am/am not permitted to provide services, I agree to fully comply by those conditions.
  9. You will, at all times while providing Rides, have valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the United Kingdom for providing passenger transportation services.
  10. You are, and will at all times be, medically fit to operate a motor vehicle and shall not engage in reckless behaviour while driving, including by driving unsafely, operating a vehicle that is unsafe to drive, permitting an unauthorised third party to accompany You in the vehicle while providing Rides, providing Rides while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of Passengers or third parties;
  11. You acknowledge that Himalaya Cars will process your personal data in accordance with the Himalaya Cars Privacy Policy available from the Website (https://www.himalayacars.co.uk) (see clause 16 of these Driver Terms for further information); and
  12. You understand that Himalaya Cars will provide information regarding You, Your Driver account, and Your trip history to law enforcement agencies as Himalaya Cars deems it appropriate do so in cooperation with investigations or otherwise.
4. After submitting the account application, you will receive an e-mail with additional conditions that must be met in order to use the Software. These conditions shall include owning a GPS-supporting mobile device, having the right to use a motor vehicle, and not having a criminal record and may include completing a Software introductory course, driver training and other conditions as determined by Himalaya Cars.
5. Himalaya Cars will review Your application and may approve You to be a driver associated with Himalaya Cars if You meet the necessary criteria.
6. Himalaya Cars will continually monitor Your compliance with these Driver Terms, including by verifying Your licences, insurances, and information (also with third persons). You agree to:
  1. co-operate with Himalaya Cars and provide any further documents or information requested in order for Himalaya Cars to conduct such checks; and
  2. promptly disclose to Himalaya Cars if there has been any material change in Your circumstances that relate to Your ability, fitness, or legal entitlement to offer or perform Rides or ability to comply with these Driver Terms. For the avoidance of doubt, but without limitation, this will include any revocation of Your driver’s licence, refusal of insurance, changes to Your eligibility for a private vehicle hire licence, and criminal investigation, charges, or convictions.
7. Where You fail to comply with any of the requirements and/or conditions set out in these Driver Terms, Himalaya Cars will be entitled to immediately terminate these Driver Terms with You, in which case you will no longer be permitted to use the Software.
Himalaya Cars Driver App
1. Once approved to use the Driver App, Himalaya Cars will send You details of how to download and set up the Driver App as well as a personal account which can be used by You to access the Software.
2. As long as you comply with these Driver Terms, Himalaya Cars agrees to allow You to access and use the Software Services in accordance with these Driver Terms, the Himalaya Cars Privacy Policy, and the applicable app-store terms (incorporated into these Driver Terms by reference). You may not transfer or sub-license this right to use the Software Services.
3. In order to use the Software, you must access your personal account in the Driver App using your username (your email) and password You selected during registration and update Your account information. You warrant that You will always keep this account profile up to date.
4. Himalaya Cars will use the Driver App to communicate with You in relation to possible Rides you may or may not wish to agree to provide to Passengers as part of your business undertaking which are around Your current location and to remind You of various road rules, send You messages and restrict pick-up areas as per Your licence jurisdiction. The Driver App is the only way in which You:
  1. can elect to fulfil a Journey with a Passenger and record and process the Rides performed through the Software; and
  2. may contact a Passenger who is the receiver of the Ride You have elected to fulfil. You must not contact, through the Driver App or by any other communication method, any Passenger to find out the destination of their requested Journey.
5. Himalaya Cars will have the sole authority under its Operating Licence to make provision for the invitation or acceptance of, or to accept, Ride requests from Passengers (through the Himalaya Cars passenger application). Once Himalaya Cars has accepted a journey request from a Passenger, Himalaya Cars will then seek to allocate this Ride booking to the closest Driver (geographically) to the Passenger to fulfil through the Driver App. If the closest Driver does not acknowledge the booking allocation within a set timeframe or declines to fulfil the Ride booking in the Driver’s absolute and sole discretion for whatever reason, the booking will then be re-allocated to the next closest Driver (and so on). It will be up to Himalaya Cars to terminate an accepted private hire booking for a Journey with a Passenger if it cannot successfully allocate a Driver to the relevant Ride. Once You have accepted the allocation of the Ride through the Driver App, all the relevant Ride information will appear in Your Driver App, including the details of the Passenger and the Ride starting point.
6. In order to prioritise Driver and Passenger safety, Himalaya Cars may (at its discretion) limit Your access to the Driver App where You have been providing Journeys for long periods.
7. If Himalaya Cars is made aware that Your behaviour has deviated from our Driver Terms, or that you are under investigation for a criminal offence, Himalaya Cars reserves the right to act by revoking Your access to your Driver account indefinitely or until Himalaya Cars sees fit.
8. Himalaya Cars will, always, retain control and management of the Software Services (including dispatch services) in order to:
  1. accept and manage Ride bookings as set out in these Driver Terms.
  2. monitor driver and vehicle profiles.
  3. monitor, on screen, the location, status, and Ride details of all vehicles using the Software Services at any given time.
  4. provide support services in respect of dispatching.
  5. report on the Journeys.
  6. reject certain Passengers if their accounts are in arrears; and
  7. address complaints and lost property issues including liaison with local law enforcement.
9. You are responsible for all information posted on, and use of, the Software, from Your personal account. If You suspect that Your username or password have been copied or stolen, you must notify Himalaya Cars immediately.
10. All intellectual property rights in the Software, its content and any related documentation existing anywhere in the world belong to Himalaya Cars or it’s 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 Himalaya Cars’s prior written consent. You will not have any rights of ownership in the Software, its content, or any related documents.
Support for the Driver App
1. Himalaya Cars may provide support services in relation to use of the Driver App on business days from 08:00 – 18:00 GMT+2). The support services consist of in-app messaging and telephone support Taasai has the right to stop providing the support services at any time by giving You reasonable notice.
Journey Bookings
1. Himalaya Cars will accept Passenger requests for Journeys and then prompt You via the Driver App if a relevant Passenger booking has been generated for a Journey in Your area when You are available. These Passenger bookings will not be exclusive to You and will also be offered to other Drivers.
2. Each Journey booking You choose in your absolute and sole discretion to fulfil through the Driver App will constitute a separate and distinct agreement in respect of the provision of that Journey by You to the Passenger, with each such agreement coming into force from the time You agree to undertake the specific allocated Journey booking made available to You by Taasai through the Driver App. You acknowledge that Himalaya Cars only provides the Software Service to facilitate the Journey bookings and allocation thereof to Drivers.
3. Himalaya Cars does not guarantee that the use of the Software will result in You receiving offers for allocations of bookings for Journeys.
4. You are not obliged to accept any offers for allocations of Journey bookings. Himalaya Cars encourages You to keep your profile up to date with when You are and are not available, in order to get relevant requests as this helps Himalaya Cars to offer to allocate, in principle, the bookings for Ride it has accepted in an efficient manner.
5. You may cancel a Ride which you have accepted any time before You begin the Ride by informing the Passenger through the Driver App functionality available on the Software Services. However, Himalaya Cars will monitor the number and frequency of Ride’s You cancel and reserves the right to suspend or terminate Your access to the Software Services where You repeatedly, or consistently, cancel Rides after You have accepted them.
6. As part of the Software Services, Passengers may provide feedback on You and Your provision of the Rides in the form of ratings. These ratings are made available to prospective Passengers as part of Himalaya Cars’s passenger application. You should contact Taasai if You have any issues with the ratings that You are provided with. Himalaya Cars shall provide You with assistance on the Software Services including steps to consider taking to help You maintain good Passenger feedback and ratings.
Your Commitments to Passengers
1. As a Driver you commit to each passenger that You will provide a high level of service to the Passengers in respect of the Rides which You agree to provide to the Passengers. In order to maintain Himalaya Cars integrity and reputation with a view to creating a successful digital marketplace for Drivers and Passengers, Himalaya Cars monitors Your activity on the Software. In the course of You providing the Journeys to the Passengers, you commit to the Passengers that you will:
  1. convey the Passenger from their collection point to their point of destination in a reasonably direct and efficient manner as You deem fit in your discretion, subject to appropriate unforeseen circumstances (such as a mechanical breakdown).
  2. comply with all laws and regulations applicable.
  3. at all times be medically fit to operate a motor vehicle, including being free from the influence of alcohol or drugs.
  4. not engage in reckless behaviour while driving or drive unsafely, including by operating a vehicle that is unsafe or illegal to drive or allowing a third party to operate the vehicle.
  5. act in a professional manner in accordance with the business ethics applicable to providing passenger transportation and endeavour to perform the Passenger’s request in the best interest of the Passenger.
  6. not carry weapons (or permit weapons in your vehicle), use, or encourage violence, racism, or discrimination in any form.
  7. have and maintain valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services; and
  8. only use personal data provided by the Passenger in accordance with clauses 16.3 and 16.4 of these Driver Terms.
2. You acknowledge that Himalaya Cars has no control over the Passenger. Himalaya Cars shall have no responsibility or liability with respect to how (or whether) the Passenger uses Your Rides, including delays or damage to person or property.
3. You commit to report to Himalaya Cars any event out of the ordinary which occurs during the Journey. Himalaya Cars shall keep a record of all Journey bookings, complaints and lost property for the purposes and uses as elaborated in the Himalaya Cars Privacy Policy.
Identification of Passengers
1. Before starting a Ride, you must verify that You are providing the Ride to the Passenger shown in the Driver App (or that the Passenger has expressly confirmed that they allow the passenger to use their account).
2. If You have made a mistake in identifying the Passenger, and the Fare (as defined in clause 10) is charged to a person who has not been provided or has not approved the Journey, Himalaya Cars shall reimburse the Passenger for the Fare paid. In such case, you shall not be entitled to receive a Himalaya Cars Payment (as defined in clause 11) for the relevant Journey from Himalaya Cars. For the avoidance of doubt, the Commission (as defined in clause 9.3) for that Journey will still be retained by Himalaya Cars.
Himalaya Cars App Services
1. Himalaya Cars (or its authorised payment agents) processes all payments in relation to the Driver App, including invoicing, collecting payment from Passengers, reporting on payments, refunding Passengers (where appropriate), and remitting payment to Drivers (“Payment Services”).
2. You acknowledge that all Payment Services in relation to the Driver App will be performed by Himalaya Cars.
3. In exchange for the Payment Services, you agree that Himalaya Cars will retain a commission fee from any Fare collected in accordance with clause 10, based on each Ride. You provide to a Passenger as a result of using the Software (“Commission”).
4. You can verify the amount of the applicable Commission on the Driver App or the Website by entering Your username and password.
5. The Commission amount may change from time to time, but You will be notified prior to any such change. If You do not agree to the change, you must delete the Driver App and Software and stop providing Rides through the Driver App. Your continued use of the Software after any such change in the Commission shall be taken as Your consent to such change.
6. Himalaya Cars is not entitled to any fares or commissions you earn by providing any passenger transportation services independently or via another software provider.
Fares
1. You agree that Himalaya Cars will collect a fare on your behalf (through the Drivers App) for each completed Journey You provide to a Passenger through the Software (“Fare”).
2. Before accepting an allocation of a Ride booking, you will be provided with an estimated (non-binding) Fare for the Ride (“Estimate”). The Estimate will also be provided to the Passenger.
3. The actual Fare for each Ride provided by You will be determined by the Software, having regard to the actual journey time, any peak pricing and distance travelled. It is therefore possible that the Fare may be more or less than the Estimate.
4. A Passenger may be offered to use a Ride option that allows the Passenger to agree to a fixed Fare for a given Ride provided by You (“Upfront Fare”). The Upfront Fare is communicated via the Software Services to a Passenger before the Ride is requested, and to You when the Ride is accepted or at the end of the Journey. The Fare calculated in accordance with section 10.3 shall be applied instead of Upfront Fare if the Passenger changes the destination during the Ride, the Ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the Ride materially (e.g., a route is used where tolls apply).
5. You may complete a journey by any reasonable route, and Himalaya Cars does not set any route restrictions. However, you commit to each Passenger that You will provide the Ride in accordance with clause 7.1 and otherwise in accordance with these Driver Terms. Where any Journey You completed did not comply with these Driver Terms, Himalaya Cars reserves the right to set-off any refunds or compensation offered by Himalaya Cars to the affected Passenger(s) against Your Himalaya Cars Payments.
6. A Passenger may cancel a request for a Ride that a Driver has accepted via the Software Services. The Driver is entitled to a Himalaya Cars Payment for a cancelled Journey (“Cancellation Fee”) in the event that a Passenger cancels an accepted request for a ride after a certain time period determined by the Software Services.
Payment
1. All payments for Rides take place via the Software. You must not ask for, or take, cash payment for completed Rides.
2. Once You end a Ride on the Driver App, Himalaya Cars shall invoice the Passenger on Your behalf and charge the Passenger’s nominated credit or debit card for the amount of the Fare. Himalaya Cars will then create a receipt on Your behalf setting out the route, the Fare, time, and other relevant information relating to that particular Ride.
3. The receipt for each Ride will be accessible to You on the Driver App. The receipt will also be forwarded to the Passenger.
4. Himalaya Cars shall transfer the amounts collected on Your behalf as your Fares less the applicable Commission which have been credited to Himalaya Cars (or its authorised payment agent’s) bank account in each week, to Your bank account by the 4th day of the following week, but in no case later than within two weeks except where the amount owing to You is less than £15 (“Himalaya Cars Payments”). Where the amount owing to You is less than £15, Himalaya Cars will pay You when the amount owing to You next exceeds £15 (or where the relationship is terminated in accordance with clause 17, in which case Himalaya Cars will pay You whatever amount is owing). If You request a review of the Himalaya Cars Payments, then the payment deadlines referred to above shall not apply and Himalaya Cars may transfer the Himalaya Cars Payments after it has concluded the review.
5. In the event that You dispute the amount of the Taasai Payments, Taasai may withhold the disputed amounts until the dispute has been resolved.
6. Without prejudice to clause 11.9, You acknowledge that Himalaya Cars shall not be obliged to pay You the Himalaya Cars Payments due from a Fare in the event of non-payment for whatever reason or if the Passenger’s payment failed because the Passenger’s credit card or mobile payment is reversed, cancelled or is unsuccessful for any reasons not attributable to Himalaya Cars. If this occurs, Himalaya Cars will help You in requesting the Fare due from the Passenger in respect of the Ride. However, if Himalaya Cars is unable to collect the Fare for whatever reason, Himalaya Cars may decide not to pay You a Himalaya Cars Payment or may decide to pay You a Himalaya Cars Payment in whole or in part if it considers it is reasonable to do so. In any event, Himalaya Cars will not pay more than £100 per any one Journey.
7. Your Himalaya Cars Payments reports will be made available to You in the Driver App on a weekly basis. The reports will show the Fares collected in relation to Your Rides, as well as the amounts of the Commission withheld by Himalaya Cars.
8. Himalaya Cars and their Affiliate Companies (as defined in clause 15) reserve the right to distribute promo code to Passengers, at their discretion, on a per promotional basis. You are required to accept the use of promo code when the Passenger applies the code using the Software to a trip. If the use of promo codes by a Driver is suspected as being fraudulent, illegal, or in conflict with any of Himalaya Cars’s Terms and Conditions relating to promo code use, then the promo code may be cancelled, and the outstanding amount will not be reimbursed by Himalaya Cars to the Driver.
9. Without prejudice to clause 11.6, You are responsible for the risk of non-payment of Fares for Extensive Rides (as defined in this clause). Himalaya Cars will help You in requesting the Fare due from the Passenger for an Extensive Ride in the event of non-payment, and Himalaya Cars will transmit a Himalaya Cars Payment to You if the Fare is ultimately collected from the Passenger. However, if Himalaya Cars determines that the trip is fraudulent or is unable to collect the Fare for an Extensive Ride from a Passenger after making one attempt to do so, no Himalaya Cars Payment will be made to you in respect of that Ride. In this clause, an “Extensive Ride” means a Passenger journey in excess of 90 miles in distance and/or two hours in duration and/or between two local authority areas.
Reporting Misconduct
1. Without affecting any of Himalaya Cars’s other rights under these Driver Terms, where Himalaya Cars has reasonable grounds to suspect that You have committed, attempted to commit, aided, or abetted a crime, they shall take all steps deemed necessary in the circumstances, including reporting Your misconduct to the appropriate authorities. You acknowledge that this may include reporting Your conduct to the Police, Transport for London, or any other relevant authority and providing that agency with Your details and/or any relevant information Himalaya Cars holds about the circumstances at issue. Where the misconduct relates to fraud, including fraudulent documents, Himalaya Cars reserve the right to withhold any payments payable to You as a result of fraudulently performing Journeys.
Your Content
1. You confirm that any text, images, or any other information that You provide to Himalaya Cars whilst using the Software Services (“User Content”) will meet the Rules of Acceptable Use (as defined in clause 14 below).
2. Neither Himalaya Cars claims ownership in Your User Content and ownership will remain with You (or the relevant third-party owner). You grant us 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 Software Services (including, where applicable, allowing other users to view Your User Content).
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.
4. Himalaya Cars’s right to use Your User Content does not in any way affect Your privacy rights. Please see section 16 of these Driver Terms for further information about how we use Your personal data.
5. The Software Services makes available third-party content, such as User Content. Taasai is not responsible for any such content in any way, but may monitor User Content and reject, refuse, or delete any User Content where Himalaya Cars considers that it breaches any of the Rules of Acceptable Use (as defined in clause 14 below).
Rules of Acceptable Use
1. In addition to the other requirements within these Driver Terms, this clause describes specific rules that apply to Your use of the Software Services (the “Rules of Acceptable Use”).
2. When using the Software Services (including, where relevant, during any Journey) You must not:
  1. circumvent, disable, or otherwise interfere with any security related features of the Software Services.
  2. use the Software Service if Himalaya Cars has suspended or banned You from using it.
  3. modify, interfere, intercept, disrupt or hack the Software Services.
  4. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Software Services or any user of the Software Services’ own equipment.
  5. collect any data from the Software Services other than in accordance with these Driver Terms.
  6. submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, or offensive.
  7. 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.
  8. use any User Content in violation of any licensing terms specified by the owner.
  9. submit or contribute any information or commentary about another person without that person’s permission.
  10. 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
  11. use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Software Services in a manner that sends more request messages to the Software Services than a human can reasonably produce in the same period of time.
3. Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Driver Terms, and may result in Himalaya Cars taking all or any of the following actions (with or without notice):
  1. immediate, temporary, or permanent withdrawal of Your right to use the Software Services.
  2. immediate, temporary, or permanent removal of any User Content.
  3. issuing of a warning to You.
  4. 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
  5. disclosure of such information to law enforcement authorities, proactively or reactively, as Himalaya Cars reasonably feel is necessary and in conformity with local legislation.
4. The responses described in paragraph 14.3 are not limited, and Himalaya Cars may take any other action they reasonably deem appropriate.
Liability
1. The Software, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, Himalaya Cars, it’s or their licensors and any entity that is directly or indirectly under the control of Himalaya Cars (an “Affiliate Company”) make no promises, whether express or implied, with respect to the Software, its content or functionality.
2. Himalaya Cars, it’s or their licensors and Affiliate Companies do not make any promise that access to Software will be uninterrupted or error free. To the maximum extent permitted under applicable law, neither Himalaya Cars or its licensors or Affiliate Companies or its or their representatives, directors or employees are liable for the proper functioning of the Software and any loss or damage that may occur to You as a result of Your use of the Software.
3. Subject to clause 15.5 of these Driver Terms, to the maximum extent permitted under applicable law, neither Himalaya Cars, or their licensors or its or their Affiliate Companies or its or their representatives, directors or employees are liable for any loss or damage that You may incur under or in connection with these Driver Terms or as a result of using the Software, including but not limited to:
  1. any direct or indirect property damage or monetary loss.
  2. loss of profit or anticipated savings.
  3. loss of business, contracts, contacts, goodwill, reputation, and any loss that may arise from interruption of the business.
  4. loss or inaccuracy of data; and
  5. any other type of indirect or consequential loss or damage.
4. You accept that Himalaya Cars has no liability in relation to the Journeys other than as expressly provided in these Driver Terms.
5. Nothing set out in these Driver Terms limits or excludes Himalaya Cars liability to You in relation to:
  1. death or personal injury arising because of Himalaya Cars negligence.
  2. fraud on the part of Himalaya Cars.
  3. any other liability that cannot be excluded or limited under applicable law; or
  4. the obligation under these Driver Terms to pay (if properly payable under these Driver Terms) the applicable Himalaya Cars Payment to You in respect of any Fare that has been collected by Himalaya Cars on Your behalf.
6. Himalaya Cars will try to prevent unwelcomed Passengers from using the Software. However, Himalaya Cars and/or any of its Affiliate Companies are not liable for the actions or non-actions of the Passengers or their co-passengers using the Software and/or during any Rides provided. Neither Himalaya Cars shall be liable for any loss or damage that may occur to You as a result of actions or non-actions of the Passengers or their co-passengers at any time.
7. You are fully responsible and liable for any breach by You of these Driver Terms and/or any other applicable laws or regulations. If Himalaya Cars or any authority notifies You of a breach, you must stop and remedy such breach immediately.
8. You agree to fully indemnify and hold Himalaya Cars, their Affiliate Companies, licensors, representatives, employees, and directors harmless from any claims or losses (including liabilities, damages, penalties, fines, costs, and expenses of any nature) that they suffer as a result of Your use of the Software and provision of Journeys, including those claims or losses result from:
  1. Your breach of these Driver Terms or documents incorporated by reference.
  2. Your violation of any law or the rights of a third party, including, without limitation, Passengers, other motorists, and pedestrians, as a result of Your interaction with such third party.
  3. any allegation that any materials that You submit to Himalaya Cars or transmit through the Software infringe or otherwise violate the rights (including intellectual property rights) of any third party.
  4. Your ownership, use or operation of a motor vehicle or passenger vehicle, including the provision of Journeys; and/or
  5. any other activities in connection with the provision of Rides by You.
9. As a self-employed contractor, you are solely responsible for any tax obligations (for example, income tax or employee national insurance contributions) that You incur as a result of providing the Rides. To the maximum extent permitted by law, you indemnify Himalaya Cars and/or any Affiliate Companies from all tax liabilities, duties, levies, claims and penalties that they may incur as a result of Your failure to comply with Your tax obligations. If You have any concerns, please seek professional tax and accounting advice.
Personal Data
1. For details on how Himalaya Cars collects, stores, discloses, and processes your personal data, please refer to our Himalaya Cars Driver Privacy Policy: https://www.himalayacars.co.uk/privacy-policy/
2. By using the Software, you acknowledge that your personal data will be processed in accordance with the Himalaya Cars Privacy Policy, available at: https://www.himalayacars.co.uk/privacy-policy/.
3. Unless we expressly permit you to do so otherwise, you shall only collect, record, store, grant access, use or cross-use the personal data provided by the Passengers or made accessible by the Software for the purposes of fulfilling the Passenger’s Journey request made via the Software, always in accordance with applicable data protection laws and regulations.
4. Unless a communication is initiated at the Passenger’s direct request, or we expressly permit you to do so otherwise, you shall only contact a Passenger for the purpose of fulfilling the Passenger’s Ride request made via the Software, always in accordance with applicable data protection laws and regulations.
Term and Termination
1. These Driver Terms are effective upon Your submission of Your application to register with Himalaya Cars and will continue in full force and effect until terminated by either party in accordance with these Driver Terms.
2. You may terminate your relationship with Himalaya Cars at any time by giving Himalaya Cars 7 (seven) days’ notice in writing. Upon termination, the license granted to You is automatically revoked and You must immediately cease use of the Driver App.
3. Unless otherwise set out in these Driver Terms, Himalaya Cars may terminate their relationship with You at any time by giving You at least 3 (three) days’ notices in writing.
4. Himalaya Cars are also entitled to immediately terminate their relationship with You and block Your access to the Software (including preventing You from registering a new account) without giving any advance notice if:
  1. You are in of breach of these Driver Terms and/or any applicable laws or regulations; or
  2. You provide poor service (as evidenced by Passenger complaints and/or ratings) and such poor service standards would, in Himalaya Cars’s reasonable opinion, bring Himalaya Cars and/or the Software into disrepute.
5. Upon termination of Your relationship with Himalaya Cars by any party for any reason and howsoever caused all rights granted to You under these Driver Terms shall cease and You must cease all activities authorised by these Driver Terms. At such time, you must delete or remove the Software from Your device. Clauses 4.10, 9, 11, 12, 15, 16 and 18 of these Driver Terms shall survive any termination or expiry of these Driver Terms.
Final Provisions
1. These Driver Terms shall be governed by and construed and enforced in accordance with the laws of United Kingdom.
2. Agreement shall be governed by and interpreted and enforced in accordance with the laws of United Kingdom, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in 13c Simmons close, England GB SO304NT
3. You may not assign these Driver Terms or any of the rights or obligations under these Driver Terms.
4. You agree that Himalaya Cars may assign any of its obligations arising under these Driver Terms to any Affiliate Company.
5. Any notice required to be given to You by Himalaya Cars will be delivered to the email address associated with Your account, sent by registered mail to the address associated with Your account, or sent via the Driver App. Any notice required to be given by You to Himalaya Cars should be delivered using the Driver App, registered mail to Himalaya Cars’s registered office or by email to the email address on the Website.
6. If any provision of these Driver 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 Driver Terms shall not be deemed a waiver of such term.
7. Himalaya Cars may change these Driver Terms at any time by giving You at least three (3) days’ prior notice and posting a revised version on the Website. Himalaya Cars commits to informing Transport for United Kingdom of any significant changes Himalaya Cars makes in accordance with Regulation 9(13) of the Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000 which provides that: ‘The operator shall notify the licensing authority of any material changes to its operating model that may affect the operator’s compliance with the 1998 Act, these Regulations or any conditions of that operator’s licence, before those changes are made.’
8. Any change shall come into effect and be deemed accepted by You if you continue to use the Software after the expiry of the notice period above.
9. No provision of these Driver Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Driver Terms.