Driver Terms of Use

These terms and conditions of use were last updated on 31st January 2020 (31.01.20)

PART 1: THE PARTIES, BINDING AGREEMENT, and INTERPRETATION
VIA and VIA IOM ("us", "we", "our", the “Company”) operates the website viaiom.co.uk and the
VIA IOM and VIA IOM Driver mobile applications, in connection with providing VIA’s online
a platform that connects Passengers and Drivers in the Isle of Man (the "Service"). This Service is
provided by VIA LTD a company incorporated in the Isle of Man (Company number 130294C)
having its registered office at SUITE 3, 1ST FLOOR, THE JET CENTRE, ISLE OF MAN AIRPORT, IM9 2RJ, Isle of Man (“the Company”)
and is intended for use as is. VIA and VIA IOM are registered business names of the Company

These Terms and Conditions of Use (“Terms”) apply to your visit to and your use of the
Website and govern the access or use by you, an individual of applications (including the “VIA
IOM” or “VIA IOM” Driver” mobile applications (“the VIA Apps”), content, products, and
services made available by VIA and provided to you through the Service as well as to all other
information, recommendations and/or services provided to you on or through your use of the
Service, the Website and the VIA Apps and form a legally Binding Agreement between VIA
and users of the Service

You accept these Terms every time you use the Service. If you do not accept these Terms,
you must not use the Service
By downloading or using the VIA App, these user Terms will automatically apply to you –
you should make sure that you read them carefully before using the Service or the App.
When using the Service you agree to comply with all applicable laws

Defined terms

“Account” means a user account and profile as required for registration for use of the Service
“Act” means the Road Transport Act 2001 of the Isle of Man and any regulations made
pursuant to the Act

“ADN Circular” means Applications, Decisions, and Notices issued by the RTLC in accordance
with The Road Transport Licensing Committee Regulations 2002 requiring the Committee to
publish details of applications, meetings, and decisions

“Binding Agreement” means the agreement between users of the Service and VIA and its
affiliates and subsidiaries where applicable, and includes these Terms and the Privacy Policy
“Booking” means a reservation made by a Passenger with a Driver via the Service
“compilation” means the collection, arrangement, and assembly of VIA Content
“content” or “contents” as used generally in these Terms means any text, graphics, images,
music, software (excluding the Service), audio, video, information or other materials
“DBS Certificate” means an enhanced level police vetting report from the Disclosure and
Barring Service

“Driver” means the holder of the relevant PPV Drivers’ license and the badge who is licensed by
the RTC to carry out private hire bookings in accordance with the Legislation

“Driving license” means a license (other than a provisional license) under paragraph 6 of
Schedule 3 to the Road Traffic Act 1985 of the Isle of Man or in the case of a license issued in a
country listed in The Driving Licences (Foreign Licences) Regulations 2004 shall mean a full
license held by the Driver in the country listed for a minimum of 3 years

“ETA” means the expected time of arrival calculated in accordance with the Fare Estimation
when you request a Ride

“Fare Estimation” means the estimated price of a Ride based on your pick-up location and
destination entered using the shortest available route and calculated using price per mile
(distance x price) + price per minute (time x price)

“Fee” means the standard fee charged by VIA (or such other amount, percentage or rate as
VIA in its absolute discretion may agree) to Drivers for use of the Service and deducted from
the Payment

“Legislation” means section 40 of the Road Transport Act 2001 of the Isle of Man and any
related local government regulations pertaining to the operation of public passenger vehicles
and licensing requirements on the Isle of Man

“Operating Centre” in relation to a vehicle, means the base or center at which the vehicle is
normally kept, and references to an operating center of a registered Operator or the holder of
an Operator's license are references to any place which is an operating center for vehicles
used under the registration or Operator's license

“Operator's license” means a passenger vehicle operator's license
“Passenger” means a user of the Service other than the Driver
“Payment” means the amount earned by the Driver per Trip and calculated using the Ride
Fare less the Fee and any other deductions where applicable in accordance with these Terms

and inclusive of all applicable taxes. All Payments will be made as soon as practicable to the
The driver using the preferred payment method designated in their Account
“Peak hours” means the busiest hours of each day, such as during traffic at rush hour and at
times when a lot of Passengers are using the Service at the same time such as at the
weekends or any other time when Drivers availability may be limited due to high demand
“post” and “posting” means submitting, transmitting, sharing, uploading, publishing,
displaying, or any similar action on the Service

“PPV” means a public “Passenger vehicle” used commercially for the carriage of passengers
“PPV Driver” means Taxi and Private Hire Car and Minibus Drivers, licensed with the RTLC
“PPV Driver Badge” means the driver badge which displays the driver’s name, license number,
photograph, and the license expiry date, issued by the RTLC and must be worn or displayed in
a visible position at all times

“PPV Driver Licence” means the public passenger vehicle driver license issued by the RTLC
“Private Hire Car” means a Passenger vehicle which may carry up to 8 passengers
“PVO” means passenger vehicle operator within the meaning of the Act
“regulations” means regulations made by the Isle of Man Department of Transport
“Ride” means a ride taken through a Booking

“Ride Fare” means the price paid for a Ride calculated using the Fare Estimation and adjusted
according to the time taken to complete the Ride

“RTLC” or “the Committee” means the Isle of Man Road Transport Licensing Committee which
act as an independent tribunal body of the Isle of Man Government with responsibility for
regulating the transport of passengers
“Service” means the VIA online platform for connecting passengers and drivers in the Isle of
Man

“Terms” means these Driver Terms of Use relating to the use of the Service and include VIA’s
Privacy Policy, which is incorporated by reference into these Terms
“Third-Party Content“ means content and material posted by other users or third-party service
providers

“Trips” means the completed and paid for Rides
"VIA” and “VIA IOM" ("us", "we", "our", the “Company”) means VIA LTD, a private limited liability
the company incorporated and registered in the Isle of Man with company number 130294C
“VIA App” means the software applications “VIA IOM” and “VIA IOM” Driver” and related
services provided by VIA pursuant to these Terms
“VIA Content” means the contents of the Service including, but not limited to designs, text,
graphics, images, video, information, ideas, logos, button icons, software, audio files, computer
code, and other VIA content

 

“VIA IP” means the intellectual property of VIA, including the VIA logo, other VIA logos, product
names, the service and business names of VIA which may or may not also be trademarks of
VIA

“VIA IOM App” means or the software application available for download by users of the
Service for use as a Passenger to make Bookings and request Rides
“VIA IOM” Driver App” or the “App” means the software application available for download by
Drivers of PPVs to enable them to connect to Passengers to accept Bookings and provide
Rides

“Wallet” means the online pre-payment facility which enables pre-paid amounts to be
credited to the Wallet held in the Passenger’s Account profile and used to pay for future Rides
“Website” means viaiom.co.uk

“You” and “users” shall mean all users of the Service
All those subject to these Terms are referred to as “users” for the purposes of this agreement
and includes our Privacy Policy, which is incorporated by reference into these Terms (the
“Binding Agreement”)

Unless otherwise defined in these Terms the terms used have the same meanings as in our
Privacy Policy, which is accessible via the VIA app or Website. In these Terms, the words
“including” and “include” mean “including, but not limited to”
The section headings in these Terms are for convenience only and have no legal or contractual
effect

PART 2: THE SERVICE, RIGHTS, and LICENCES

1. VIA Content ownership, intellectual property rights and license to use
1.1 VIA owns or has rights to all of the content we make available through the
Service. VIA alone (and its licensors, where applicable) owns all right, title and
interest, including all related intellectual property rights, in and to the Service.
The Company name, the Company logo, and the product names associated
with the Service and the VIA Apps are trademarks of VIA or third parties, and no
right or license is granted to use them. You cannot use or display the VISA logo
or VIA IP in any manner except with our prior written permission and as solely
enabled by any link provided by us

1.2 VIA permits you, subject to these Terms, to access and use the Service and the
VIA Content to make Bookings and request Rides on the App. Any other use
not expressly permitted by these Terms is prohibited
1.3 You are not permitted to copy, or modify the App, any part of the VIA Apps, or
VIA’s IP and trademarks in any way

1.4 You are not permitted to attempt to extract the source code of the VIA Apps or
attempt to translate the VIA Apps into other languages, or make derivative
versions. The VIA Apps and all the trademarks, copyright, database rights and
other intellectual property rights related to it belong to VIA and/or-or its
licensors where applicable

1.5 Unauthorised use of the VIA Content may infringe copyright, trademark and
communications regulations and other applicable laws and is strictly prohibited
by these Terms. You must preserve all copyright, trademarks, service marks, and
other proprietary notices contained in the original VIA Content on any copy you
make of the VIA Content. All VIA Content and the compilation of all VIA
Content is the property of VIA or its licensors and is protected under
copyright, trademark, and other laws

1.6 You acquire no ownership in the VIA Content or content of others. You
understand and agree that you will not obtain as a result of your use of the
Service, any right, title or interest in or to such content delivered via the Service
or in any intellectual property rights (including, without limitation, any
copyrights, patents, trademarks, trade secrets or other rights) in the content

1.7 Certain materials made available for download from or through the Service may
be subject to additional or different license terms and conditions. The Service
contains content from users and other VIA licensors. Except as provided within
these Terms, you may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any content appearing on or through the
Service

1.8 You agree to use the Service only for its intended purpose. You must use them
Service in compliance with all privacy, data protection, intellectual property and
applicable laws

 

This license is revocable at any time without notice and with or without cause
 

2. Reservation of rights

VIA reserves the right to suspend or terminate your Account and prevent access to the Service
for any reason, at our discretion. We further reserve the right to refuse to provide the Service
to you in the future

3. VIA IOM Driver App

3.1 The VIA IOM Driver App is a user-friendly platform for use by Drivers in the Isle of Man
the purpose of which is to facilitate Ride requests received through the App by
connecting Passengers with nearby Drivers available to accept Bookings. VIA will be
responsible for your use of the VIA App in accordance with these Terms

3.2 VIA uses the latest, modern and cutting-edge technology to provide our Service
offering an enhanced user experience and added functionality and features to
improve your driving experience. The App will provide you with all the support you
need, including turn-by-turn directions and tools to help you find Passengers, accept
Bookings and receive payments

3.3 VIA endeavors to ensure that the VIA App is updated and correct at all times,
however, we do rely on third parties to provide information to us so that we can make
the App available to you. VIA accepts no liability for any loss, direct or indirect, you
experience as a result of relying wholly on this functionality of the App

3.4 VIA is committed to ensuring that the App is as useful and efficient as possible. For
that reason, VIA may wish to update or make changes to the VIA App from time to
time and reserves the right to charge for its services, at any time and for any reason.
Save as set out in clause 10 below in relation to our Fee for use of the Service by you,
VIA will never charge you for the App or its services without making it very clear to you
exactly what you are paying for

3.5 The VIA Apps are currently available on Android and iOS – the requirements for both
systems may change, and you will need to download the updates if you want to keep
using the App, this includes any additional systems VIA may decide to extend the
availability of the VIA App to. You are responsible for acquiring and updating

compatible hardware or devices necessary to access and use the Service and the App
and any updates to them

3.6 VIA does not warrant to update the App so that is relevant to you and does not
guarantee that the Service or any part of it will function on any particular hardware or
devices or work with the iOS or Android version that you have installed on your device

3.7 In order to provide our Service VIA App stores and processes personal information
that you have provided to us, which is used in accordance with our Privacy Policy
which is incorporated by reference into these Terms

3.8 Some functions of the VIA App will require the App to have an active internet
the connection which can be wireless using a Wifi connection or provided by your mobile
network provider. You are responsible for obtaining the data network access
necessary to use the Service. VIA does not take any responsibility for the App not
working at full functionality if you do not have access to Wifi and you do not have any
of your mobile data allowance available

3.9 If you are using the App outside of an area with Wifi to access or use the Service, your
mobile network data and messaging rates and fees may apply in accordance with the
terms of the agreement with your mobile network provider. As a result, you may be
charged by your mobile provider for the cost of data for the duration of the
connection while accessing the App or other third party charges

3.10 You accept responsibility for all such rates, fees, and charges whilst using the App,
including roaming data charges if you use the App outside of the Isle of Man or your
home region or country without turning off your data roaming. If you are not the bill
payer for the device on which you are using the App, it is your responsibility to ensure
that you have received permission from the bill payer before using the App

3.11 It is your responsibility to make sure that your device stays charged during your use of
the Service. VIA does not accept any responsibility if you use the App in a way that
prevents you from using the Service, such as if your device runs out of battery, is
damaged or broken. In addition, the Service may be subject to malfunctions and

delays inherent in the use of the Internet and electronic communications. If you use
the App you agree to accept all updates to the App when made available to you

4. Use of the Service

4.1. To use the Service:

4.1.1 You must download and open the VIA IOM Driver App to create a User Account.
The VIA IOM Driver App is available to be downloaded from the Apple App Store
and Google Play Store under "VIA IOM Driver" using your mobile device or
smartphone

4.1.2 You may need to log-in by providing a username, password, and mobile phone
number. VIA will use the number you provide to verify your Account

4.1.3 You may also sign up to use the Service and to create an account via Facebook
or using your Google account login

4.2 Your Account

4.2.1 Account registration requires you to provide to certain personal information to
us, such as your name and mobile phone number, as well a valid payment
method such as a credit card or accepted payment partner where applicable
4.2.2 Your Account is personal to you, and should not be shared with anyone else, or
allow them to access your Account. You are responsible for keeping your login
details and account information accurate and safe at all times and it is your
responsibility to keep your phone and access to the App secure. It is
recommended that you do not remove any software restrictions and limitations
on your phone imposed by the official operating system of your device, as it
could make your phone vulnerable to malware, viruses or malicious programs,
compromise your phone’s security features and it could mean that the App will
not work properly or at all

4.3 Once the Account has been created and verified you can start using the VIA IOM Driver
App to accept Bookings and provide Rides, subject to receipt of subject to receipt of
documents outlined in clause 6 “Licence Requirements” below

4.4 On activation of your Account you can choose to drive with VIA at anytime. To start
receiving Ride requests you just need to open the App and then you can choose to
accept available Bookings and start earning money straight away. When you accept a
Booking you will receive information about your Passenger and directions to their
location and destination. When the Ride is complete, you will receive another nearby
Ride request which you can choose to accept or you can sign off at any time

4.5 By using the Service you agree to these Terms and any subsequent changes to these
Terms. Your continued use of the Service means that you accept any changes

5. Suspension of the Service

5.1 At any time VIA may decide to change, suspend or discontinue any aspect or any part
or function of the Service including hours of operation or availability of the Service or
any feature of the Service or App, or generally cease offering or deny access to the
Service and may terminate these Terms or any Service with respect to you for any
reason whatsoever and howsoever arising. As are result of any such termination the
rights and licenses granted to you in these Terms will end and you must stop using them
Service, and if required uninstall the App from your device

5.2 Where possible VIA will endeavour to provide you with as much notice as it reasonably
can of such termination, cessation or denial, being at least 24 hours notice where
practical. However, VIA reserves the right to terminate these Terms or any service with
respect to you, or generally cease offering or deny access to the Service or any part of
the Service, immediately at any time without giving notice of termination if:-

(i) you are in breach of these Terms;
(ii) in the circumstances it is not practical to give such notice; or
(iii) in VIA’s opinion, any delay in such termination would expose VIA or a third party to
significant risk of harm or damage; and
without accepting any responsibility or liability for how this may affect you

6. Licence Requirements

6.1 To Drive with VIA you need to provide us with satisfactory evidence of the following:-

(i) that you hold a valid Driving licence
(ii) you have been issued with the relevant PPV Driver Licence

6.2 You must be is a fit and proper person to drive a public passenger vehicle. By
accepting these Terms you confirm that you are physically and mentally fit and able to
drive a PPV and that to the best of your knowledge and belief that there is no other
reason preventing you from driving a PPV or being accepted as a Driver under these
Terms

6.3 You further confirm to report to us any subsequent changes in your physical and
mental health, which could affect your fitness to drive with VIA and must refrain from
using the Service until appropriate determination of your fitness to drive has been
made and confirmed to us, which may require you to obtain a medical examination
report at your expense. If you are in any doubt as to your fitness to drive please contact
us for assistance at contact@viaiom.co.uk Failure to do so may result in suspension of
your Account and provision of the Service to you until satisfactory evidence of your
fitness to drive a PPV is provided to VIA or at our sole discretion

6.4 All PPV Drivers must be licensed with the RTLC and are issued with a Driver Badge
which must be worn or displayed in a visible position at all times and must abide by
the RTLC's Code of Conduct which can be downloaded from the following link:-
https://www.gov.im/about-the-government/statutory-boards/road-transport-licensingcommittee/about-ppv-drivers/

6.5 New applications

6.5.1 If you do not already hold a relevant licence to Drive a Passenger vehicle
through use of the Service new applications for a PPV Driver Licence in
accordance with the Legislation may be made to the RTLC. Further information
on how to apply for a PPV Driver Licence can be found at:-
https://www.gov.im/about-the-government/statutory-boards/road-transport-lic
ensuing-committee/apply-for-a-licence/ppv-driver/

6.5.2 The following guidance notes in relation to new applications for a PPV Driver
Licence have also been issued by the RTLC:-
https://www.gov.im/media/1352499/driver-application-guidance-notes-2017.pdf

6.5.3 If you are unsure of any of the above requirements then please contact us for
assistance at contact@viaiom.co.uk

7. Activities on your Account

7.1 As the Account holder you are responsible for all and any activity on your Account
resulting from the use of your Account on the Service, however accessed. Unless
expressly permitted by VIA in writing, you are permitted to only hold one Account

7.2 You agree to use reasonable efforts to prevent unauthorised access to your Account or
use of the Service and at all times to maintain the security and confidentiality of your
Account username and password, and any device that you use to access the Service. If
you do not act acceptably or abide by these Terms, we may prohibit your use of the
Service at any time and at our sole discretion

7.4 Any losses to VIA or any other party resulting from the unauthorised use of your
Account will remain your sole responsibility and you will indemnify VIA for any claims,
fees, fines, penalties, and other liability incurred by us or others caused by or arising out
of the unauthorised use of your Account or your breach of these Terms and your use of
the Service

7.5 If you have any reason to believe that your Account or login information has been
compromised or that your Account has been accessed by anyone other than you, you
agree to immediately notify VIA by email to contact@viaiom.co.uk

8. Your Account information and settings

8.1 You represent and warrant that the information you provide to VIA upon registration to
create an Account for use of the Service and at all other times is correct, up to date and
complete

8.2 You agree to maintain accurate, complete, and up-to-date information in your
Account. Your failure to maintain accurate, complete, and up-to-date Account
information, including having an invalid or expired payment method on file, may result
in your inability to access and use the Service or VIA’s termination of this Agreement
with you

8.3 You may update your Account information and email preferences at any time by
logging into the App and changing your settings under Edit profile or emailing us at
contact@viaiom.co.uk

9. Safety

9.1 Your safety is our primary focus. Whilst you remain responsible for your own safety and
should always exercise caution and common sense when using the Service as an
added level of protection we have put the following safeguards in place to protect
users of our Service:-

9.1.1 When you accept a Booking the Passenger profile photo, name, contact
number and rating will be visible to you

9.1.2 All Passengers are verified with their personal information so that you know
who you are picking up and their location using the the App

9.1.3 You can rate your Passenger and leave feedback for your Trips using the Rate
your Passenger function of the App. You are encouraged to provide your
feedback to us if any of the Bookings accepted through the Service and
provided by you to a Passenger do not conform to your expectations. We may
prohibit a Passenger’s use of the Service at any time and at our sole discretion, if
it is found that a Passenger has acted in a manner deemed to be inappropriate
in accordance with the Terms and Conditions of Use

9.1.4 VIA’s one-touch SOS facility within the App ensures that you are only one tap
away from assistance if required at any time

9.2 By way of further guidance and to address any safety concerns you may have the RTLC
has issued a Consumer Safety guide to PPV licensing, entitled ‘Get Home Safely’ which
is available for download via the below link:
https://www.gov.im/media/1352567/gethomesafely.pdf

10. Payment and Fees

10.1 Our Fees

10.1.1 VIA provides the Service to you in accordance with these Terms and you
understand that use of the Service will result in the charge to you of a standard
fee up to 15% which is deducted from the Ride Fare at the end of each Trip (“the
Fee”)

10.1.2 We do not charge any fixed fees for the use of the Service by you, if demand is
high you are able to earn more and if you choose not to accept a Ride request
you will not be charged

10.2 Payment

10.2.1 After each Ride obtained through your use of the Service is completed, VIA will
facilitate payment on your behalf as applicable for your Trips (the “Payment”).
Payment in such manner shall be considered the same as the payment made
directly to you by the Passenger and will be inclusive of applicable taxes where
required by law

10.2.2 All Payments will be facilitated as soon as practicable by VIA using the preferred
payment method designated in your Account and your receipt will be available
to you via the App

10.2.3 VIA reserves the right to establish, remove and/or revise the Fee for any or all
services provided to you through the use of the Service at any time in VIA’s sole
discretion

10.2.4 VIA may from time to time provide certain users with promotional offers and
discounts that may result in different amounts charged for the same or similar
services or goods obtained through the use of the Service, and you agree that
such promotional offers and discounts, unless also made available to you, shall
have no bearing on your use of the Service or the Payment made to you and
Fee applied

10.2.5 A Passenger may cancel their Ride request from you at any time prior to your
arrival, in which case they may be charged a cancellation fee in accordance with
clause 14 below

10.2.6 This payment structure is intended to fully compensate the Driver for the
services provided to the Passenger. VIA does not designate any portion of the
Passenger’s payment as a tip or gratuity to the Driver. Passengers are free to
provide additional payment as a gratuity to any Driver who provides them with
a Rides through the Service, however, you accept that they are under no
the obligation to do so and that all gratuities are voluntary

10.2.7 After a Passenger has completed a Ride through the Service, they will have the
opportunity to rate their experience and leave additional feedback about you.
You will also have the opportunity to rate your experience and leave feedback
about your Passenger
11. Passenger Vehicles
11.1 Servicing, repair and maintenance
11.1.1 You are primarily responsible for ensuring that all Passenger vehicles used by
you whilst using the Service are:-
(i) fully serviced on a regular basis and not less than every 12 months (evidence
of the service history must be made available to VIA on request);
(ii) regular safety checks are carried out to ensure that the vehicle is
mechanically sound and that all electrical fittings including lights, wipers
and indicators in full working order, free from any faults, dents and broken
parts;
(iii) at all times suitable and safe for use as a Passenger vehicle on public roads;
and
(iii) kept in a good repair and good clean condition throughout

11.1.2 You warrant and represent that the Passenger vehicle is at all times suitable
and safe for use on public roads and that all requirements as set out in this
clause 11.1 are complied with throughout your use of the Service. VIA may
inspect the Passenger vehicle at anytime and request evidence to support the
vehicle's safety and roadworthiness
11.1.3 Any evidence provided to VIA to the contrary or where it is found on inspection
of the vehicle that any faults revealed by a service or listed on the safety checks
have not been repaired or you are in default of any of the requirements set out
in this clause 11 your Account will be immediately suspended until such time as
the default may be rectified and repairs carried out to a satisfactory standard
and the vehicle’s safety and roadworthiness has been confirmed by a qualified
mechanic or other suitably qualified person who is able to attest to the safety
and condition of the vehicle and all such defaults have been rectified by you
11.1.4 Save as set out in clause 11.2 below, you shall be solely responsible for the cost of
repair for damage to, or necessary cleaning and maintenance of your Passenger
vehicle and property resulting from use of the Service
11.2 In the case that a Passenger has caused damage either deliberately, accidentally or
inadvertently which is in excess of normal “wear and tear” to the Passenger vehicle
requiring repair or necessary cleaning you may request that the Passenger reimburse
you for the cost of such repair or cleaning and make arrangements directly with the
Passenger as to how the payment will be made
11.3 Passenger vehicle selection
11.3.1 Passengers may choose from the following Passenger vehicle options:-
(i) VIA Standard;
(ii) VIA Style
(iii) Large Or Minibus
11.3.2 The category of Passenger vehicle as set out in 11.3.1 (i)-(iii) above and rate
applicable to your Rides will be determined by various factors of the Passenger
vehicle including:-

(i) the age and condition
(ii) manufacturer and model
(ii) style and passenger capacity
(iii) class and specification; and

11.3.3 To be classified as a VIA Standard Passenger vehicle all vehicles must satisfy the
requirements as set out in this clause 11 and all checks on inspection and be
listed in the Approved List of Class A Modern Style Executive Private Hire Cars
and must satisfy all requirements listed on pages 1 and 2 of RTLC AD&N Circular
448 as set out below:-
https://www.gov.im/media/1352540/adncircularno448privatehire.pdf

11.3.4 If you use more than one Passenger vehicle these may be subject to different
categories and different rates may be applied to your Rides

12. Ride Fares and payment calculations

12.1 Ride Fares start with a base amount (“Base Fare”) which is used to provide an
Estimated Fare for your Ride, using the Passenger pickup location, destination, the
type of vehicle selected and ETA and is calculated on a per mile basis using the
shortest available route (“Distance Fare”). The Estimated Fare will be adjusted
according to the time taken to complete the Ride and is updated live through the App

12.2 The Ride Fare will be adjusted according to the Passenger vehicle option selected by
the Passenger

12.3 Estimated Fare

12.3.1 To accept a Booking you must then select the “Accept” function on the VIA IOM
Driver App to connect you to your nearest Passenger
12.3.2 The calculation used to provide your Passenger with an Estimated Fare is:
“Price per mile (distance x price) + Price per minute (time x price) + Base Fare =
Estimated Fare”

12.3.3 When the Booking is accepted you will receive confirmation of your Booking
ID, the Base Fare and Distance Fare used in the Estimation Fare calculation

12.4 Ride Fare

12.4.1 The Ride Fare that applies to the Ride will be adjusted according to any
difference between the ETA used to calculate the Estimated Fare and the
actual time is taken for the Ride. The time difference will be used to calculate the
price per minute and will then be added or subtracted from the Estimated Fare
to provide you with the Ride Fare
The calculation used to provide you with a Ride Fare is:
“Estimated Fare +/- price per minute (time difference x cost) = Ride Fare”

12.4.2 All fares are non-refundable and are exclusive of tax

12.5 During Peak hours when the demand is higher than normal, you will earn more as the
charges will be varied based on availability of Drivers in the vicinity of the Passenger’s
pickup location

12.6 Passengers can pay for their Ride using cash or card or using credits held in their
Wallet. Card payments are processed through the App at the end of your Trip and
after deduction of our Fee your earnings transferred direct to your account or preferred
payment method designated in your Account

13. Promotions and coupon codes

13.1 VIA may offer promotions and coupon codes with varying features and rates that may
be applied to your Account. Promotions and coupon codes are valid until their stated
expiration date, are not valid for cash and may be subject to any additional terms that
VIA establishes on a per promotion basis

13.2 In the event that VIA determines or believes that the use or redemption of a coupon
code was in error, fraudulent, illegal, or in violation of these Terms or the terms
applicable to the promotion, VIA reserves the right to withhold or deduct credits or
other features or benefits obtained through the promotion and use coupon codes by
you or any other users

14. Cancellation

If a Ride Request is cancelled after you have accepted a Booking or the Passenger is not
present at the pickup location confirmed in the Booking you will be able to contact them
Passenger directly through the App to resolve the matter. On confirmation of the
circumstances VIA reserve the right to charge the Estimation Fare provided to the Passenger
prior to making the Ride Request. Repeated cancellations of this nature or instances of no
shows by the Passenger or you may result in the suspension of the Passenger Account or your
Account as applicable, at VIA’s sole discretion

15. Your Booking

15.1 The Service provided by VIA when accepting a Booking through the VIA App includes:

15.1.1 Connecting Passengers with a nearby Driver to make a Booking as requested
by the Passenger using the “Request Ride” function in the VIA App

15.1.2 Viewing your Ride details

15.1.3 Keeping records of Bookings, including pick-up point, Ride start time,
destination point and Ride end time for your Trips

15.1.4 Monitoring your use of the Service, your ratings and conduct

15.1.5 Tracking and remotely monitoring Rides booked through the App

15.2 In each case in accordance with any relevant provisions of the Act or applicable law

16. Connecting Drivers with Passengers

16.1 Through use of the Service provided to you when you download the App, VIA is able to
facilitate the way in which you accept a Booking and connect you with compatible
Passenger in accordance with the Ride options selected and pickup location

16.2 VIA is not a holder of a PPV or Operator’s licence and is not an operator within the
meaning of the Act and does not provide or intend to provide transportation services
or operate any Operating Centre in relation to the provision of the Service in
accordance with these Terms

16.3 All Rides are provided to a Passenger by the Driver identified in the Booking
confirmation when using the Service and VIA App

16.4 You acknowledge that as a Driver you are an independent third party contractor and
are not employed by VIA or any of its affiliates where applicable and that no joint
venture, partnership, employment or agency relationship exists between you, VIA or
any third party service provider as a result of the contract between you and us for use
of the Service

16.5 To use the Service and accept Bookings you must be licensed in the Isle of Man and
hold a relevant operator's licence in accordance with the Legislation

16.6 VIA has no responsibility and cannot be held liable for any Rides provided by you to a
Passenger

17. Accepting a Booking

17.1 For the purposes of the Legislation, the Driver accepts Bookings received by the Driver
using the VIA IOM Driver App and is subject to all statutory and regulatory obligations
and liabilities with respect to that activity as set out in these Terms

17.2 You can use the App to find a Passenger’s location, you will also be able to contact and
speak to the Passenger through the App

17.3 All Bookings must be accepted through the App

17.4 If you have any lost property relating to a Ride you can contact the Passenger directly
to resolve the situation or contact us at contact@viaiom.co.uk with details of your Ride
and your Passenger

17.5 The rates that apply to the Ride accepted by you are updated live on the App when you
reach your destination

18. Restrictions on use of the Service

18.1 Children and minors

18.1.1 VIA’s Service is not directed to anyone under the age of 16. You must be at least

16 years of age to obtain an Account and use the Service. No one under the age

of 18 is permitted to register an Account or use the Service without the consent
of a parent or guardian

18.1.2 You may not accept a Booking from persons under the age of 18 unless they are
accompanied by persons over 18 or the Booking was made by the holder of an
Account who is over 18 on their behalf and with the consent of a parent or
guardian

18.1.3 If you are under the age of 18, by registering for and using the Service, you
warrant and represent that you have the legal consent of your parent or
guardian to access and use the Service. If you are a parent or guardian of a
minor who has registered for or used the Service without your consent, please
contact us at contact@viaiom.co.uk

18.1.4 No part of the Service is directed to children under the age of 13. If you are
under 13 years of age, you must not use or access the Service at any time or in
any manner

18.2 Other age-related restrictions
Further to 18.1 above to be a driver of a PPV you must have attained the age of 21 years as
provided by the Legislation. By registering for and using the Service and App as a Driver you
warrant and represent that you have attained the age of 21 and you have fulfilled all other
licence requirements in accordance with the Act and any applicable regulations

18.3 Proof of Age  

In certain instances or as described above you may be asked to provide proof of age or identity
to access or use the Service, and you agree if you refuse to provide proof of your age and
identity that you may be denied access to or use of the Service. Drivers are permitted to refuse
to provide any Ride after accepting a Booking at their sole discretion where the Passenger’s
age is in question and proof of age, their identity or the consent of a parent or guardian has
not been provided

18.4 Prohibited uses

The following uses of the Service are prohibited. You must not:
18.4.1 attempt to interfere with, harm, reverse engineer, steal from, or gain
unauthorised access to the Service, user accounts, or the technology and
equipment supporting the Service

18.4.2 frame, mirror or link to the Service without permission

18.4.3 use data mining, robots, web spiders, viruses or worms or other data gathering
devices on or through the Service, including any program which may make
multiple server requests per second, or unduly burdens or hinders the
operation or performance of the Service

18.4.4 post incomplete, false, or misleading information, impersonate another person,
or misrepresent your affiliation with a person or entity

18.4.5 disclose personal information about another person, or post, send or store
infringing, obscene, threatening, libelous or otherwise tortious material,
including material that is harmful to children, violates the rights of third parties,
or is intended to harass, abuse, or degrade another person

18.4.6 sell, transfer, or assign any of your rights to use the Service to a third party or
otherwise transfer your Account or these Terms in whole or part to any other
person or entity without VIA’s express written consent

18.4.7 post advertising or marketing links or content, including spam or otherwise
duplicative and unsolicited messages, except as specifically allowed by these
Terms

18.4.8 use the Service in an illegal way or to commit an illegal act in relation to the
Service or use the Service for unlawful purposes such as in the transport of
unlawful or hazardous materials or in any way that otherwise results in fines,
penalties, and other liability to VIA or others

18.4.9 in your use of the Service cause nuisance, annoyance, inconvenience, or
property damage to any other party

SECTION 3: THIRD PARTIES, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY,
MODIFICATION, JURISDICTION, COMPLAINTS, ENTIRE AGREEMENT and WAIVER

19. Third-Party content disclaimers, limitations and prohibitions

19.1 You are responsible for your actions when using and relying on the Service or content
available on the Service

19.2 VIA do not represent or guarantee the accuracy or reliability of Third-Party Content.
You accept that any reliance on such material will be at your own risk. By using the
Service you accept the risk that you might be exposed to content that is objectionable
or otherwise inappropriate. VIA does not endorse any, nor is it responsible for,
Third-Party Content on the Service

19.3 VIA may review and remove any Third-Party Content at any time for any reason,
including activity which, in its sole judgment breaches these Terms, is contrary to
applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal or
infringes the rights of or harms or threatens the safety of users of the Service

19.4 VIA does not make any representations about accuracy, reliability, completeness, or
timeliness of any contents of the Service nor do we make any representations about
accuracy, reliability, completeness, or timeliness of any data from a third-party service
provider or the quality or nature of third-party products or services obtained through
the Service. Use of the Service is at your own risk

20. Third-Party websites and promotions

20.1 The Service may include links to third-party websites and applications, including
opportunities to purchase goods and services from or participate in promotions of our
business partners, charities, sponsors or other third parties. You are responsible for
determining whether you want to access or use them
20.2 VIA are not responsible for and do not endorse any features, content, advertising,
products, or other materials on other websites or applications. You assume all risk and
we disclaim all liability arising from your use of them. We make no representations and
disclaim all liability of specific results from the use of the Service. We do not guarantee
the quality or accuracy of any content you view using the Service or other websites

20.3 If you participate in a promotion offered by VIA through your use of the Service, you
agree to the rules that govern that promotion, which may contain specific
requirements about how your Personal Information (as defined in VIA’s Privacy Policy)
is used, including allowing the sponsor of the promotion to use your name, voice
and/or likeness in advertising or marketing associated with the promotion. You are
advised to review VIA’s Privacy Policy regularly which is incorporated by reference into
these Terms

21. Disclaimer of warranties

21.1 You use the Service at your own risk. VIA make no warranties or guarantees

22.2 You expressly understand and agree that your use of the service is at your sole risk, and
the service is provided on an “as is” and “as available” basis and VIA expressly disclaim
all representations and warranties of any kind, whether express or implied, including,
but not limited to, warranties as to products or services offered by businesses listed on
the Service, implied warranties of merchantability, fitness for a particular purpose, and
non-infringement

22.3 VIA makes no representation or warranty as to the reliability, safety, timeliness, quality,
suitability or availability of any services obtained from third parties through the use of
the Service

22.4 You acknowledge and agree that the entire risk arising out of your use of the Service
and any third-party services remains solely with you, to the maximum extent permitted
by law

23. Limitation of VIA’s liability
23.1 VIA is not liable for the actions of users when they use the Service

23.2 To the extent permitted by applicable law, VIA will not be liable to users of the Service
in any way, whether such liability arises in contract by way of indemnity or otherwise,
tort, negligence, (including gross negligence), misrepresentation, breach of statutory
duty, restitution or otherwise for any theft or loss of your or any other person's property
in connection with the Service or a Booking

23.3 VIA is not liable for the use of the Service resulting in the following:

23.3.1 any Booking that has not been accepted

23.3.2 any loss, damage, costs, expenses or liability suffered by anyone other than you
in connection with your use of the VIA App

23.3.3 any losses that could not reasonably be expected to result from VIA’s
negligence or breach of these Terms

23.3.4 any loss relating to your business or the business of your employer or any other
person

23.3.5 any loss of profits, loss of revenue, loss of opportunity, loss of business or
employment (whether or not such loss could be reasonably expected to flow
from VIA’s negligence or breach of these Terms); or

23.3.6 any other loss, damage, costs, expenses or liability that you suffer in connection
with the Booking, except to the extent that VIA fails to perform its obligations to
you to the standard of a diligent and professional provider of the Service

23.4 Nothing in these Terms will limit or exclude VIA’s liability to you for personal injury or
death caused directly by VIA’s negligence

24. Indemnity
You agree to indemnify and hold VIA and its officers, directors, employees and agents
harmless from any and all claims, demands, losses, liabilities, and expenses including
legal costs arising out of or in connection with your use of the Service, your breach or
violation of any of these Terms or your violation of the rights of any third party including
third-party service providers
25. Applicable law

25.1 The Booking, the use of the Service and VIA Apps and these Terms, and all
non-contractual obligations arising in any way whatsoever out of or in connection with
the Booking, the Service or these Terms shall be governed by and construed in
accordance with the laws of the Isle of Man

25.2 Any dispute, claim or matter of difference arising out of or relating to the Booking,
Service or these Terms shall be subject to the exclusive jurisdiction of the Isle of Man
courts

26. Resolving complaints

26.1 VIA are committed to resolving complaints relating to the Service we provide to you. If
for any reason you are not entirely satisfied with any aspect of the Service resulting
from your use of the Service or believe that VIA is in breach of any of these Terms
relating to the Service provided by us please bring your concern to our attention and
we will use our best endeavours to resolve this with you and to rectify the matter where
possible to the mutual satisfaction of both parties. Please email VIA at
contact@viaiom.co.uk so that we may consider any feedback, questions and
complaints received from you relating to the Service or these Terms

26.2 VIA are not responsible for any disputes or disagreements between you and a
Passenger relating to a Booking or any third party that you interact with using them
Service. In using the Service you assume all risks associated with dealing with
Passengers and third parties. You agree to resolve disputes directly with the Passenger
or other party and release VIA of all claims, demands, and damages in disputes among
users of the Service

26.3 If for any reason you are unable resolve your complaint relating to a Booking accepted
by you directly with the Passenger in the first instance, you may email VIA at
contact@viaiom.co.uk so we can consider any feedback, questions and complaints
received from you relating to your Bookings

26.4 Please note if a Passenger experiences a problem or has any concerns or complaints
about you or the service provided by a you which you have not attempted to resolve
directly with the Passenger, they have the right to make a written complaint at any
time to the RTLC office at RTLC@gov.im

26.5 In accordance with our Privacy Policy you have the right to access the information that
we hold on you and your use of the Service. VIA’s collection and use of personal
information in connection with the Service is as provided in VIA’s Privacy located at
https://viaiom.co.uk/legals/ and incorporated by reference in these Terms. If required,
and on your request VIA will provide you with such information to assist you to identify
the Passenger and to confirm other details of the Booking as may be required to

support your complaint or defend yourself against a complaint made by a Passenger
to you or to the RTLC, such as the date, start and end time of the Ride, pickup and drop
off locations. VIA may provide any necessary information, including your contact
details to a claims processor or an insurer if there is a complaint, dispute or conflict,
which may include an accident, involving you and a Passenger or any other party and
such information or data is necessary to resolve the complaint, dispute or conflict

26.6 Other than in relation to our obligations to you under these Terms and our Privacy
Policy relating to your Personal Information you agree not to involve VIA in any such
complaint dispute or conflict as set out above. If you would like to access any
information that we hold on you through your use of the Service or otherwise, please
send an email to: contact@viaiom.co.uk

27. Communications

27.1 VIA may communicate with you by email, SMS text messages or posting a notice on
the Service or by private messages on social media such as Messenger or other social
media messages or electronic communications to the email address, mobile phone
number or social media platform you provide to us or contact us by:-

27.1.1 when you register with the Service
27.1.2 to verify your Account
27.1.3 when you accept a Booking
27.1.4 when your Passenger vehicle is approaching the designated pick-up point
27.1.5 when your Passenger vehicle is at the designated pick-up point
27.1.6 when you reset your password with the Service, and
27.1.7 for informational and operational purposes, such as account management,
customer service and promotions, or system maintenance and to facilitate our
communications to you and improve our Service. Text message and data rates,
as determined by your mobile and wireless provider may apply

27.2 By registering with the Service and creating an Account, you agree to receive email
communications from us at the email address you provided to us for customer
service-related purposes and that we may send you SMS text messages as part of the
normal business operation of your use of the Service

27.3 You can opt-out of receiving promotional email communications and SMS text
messages from us at anytime by clicking on the “unsubscribe link” provided in such

communications and by doing so you acknowledge that this may impact your use of
the Service. VIA make every effort to process all unsubscribe requests promptly and
stop all further promotional communications from us

27.4 By using the Service or providing Personal Information to us, you agree that we may
communicate with you electronically regarding security, privacy, and administrative
issues relating to your use of the Service. If we learn of a security system breach, we may
attempt to notify you electronically by posting a notice on the Service or sending an
email to you. You may request that we provide notice of security breaches in writing

27.5 You may not “opt-out” of Service-related communications such as account verification,
SMS texts messages informing you of where your Passenger vehicle is located and the
status of your live Rides, receipts, reminders, changes or updates to features of the
Service, technical and security notices

28. Entire agreement
These Terms constitute the entire agreement between you and VIA in relation to your
use of the Service. VIA’s failure to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. If any provision of these
Terms are found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision and the other provisions of these Terms shall
remain in full force and effect

29. Contact us

We appreciate hearing from our users and welcome your comments regarding the Service
If you have any questions or suggestions about these Terms or improving our procedures or
Service you can contact VIA:-

By email: contact@viaiom.co.uk
By post: VIA IOM LTD, Suite 3, 1st Floor, The Jet Centre, Isle Of Man Airport, IM9 2RJ
By phone: +44 (0) 1624 653783

30. Notice

VIA may give notice by means of a general notice on the Service, electronic mail to your email
address in your Account, or by written communication sent to your address as set out in your
Account or by any other such forms of communication. You may give notice to VIA by written
communication sent to us at the postal or email addresses provided above or such other
address as may be notified by us from time to time

31. Revisions to these Terms
VIA keeps its terms and conditions of use under regular review and we may update our Terms
from time to time as required to accommodate the changing needs of our business. We aim
to update our Website regularly and may change the content, including these Terms at any
time and we may assign or transfer these Terms in whole or in part, including to a subsidiary
or affiliate, an acquirer of VIA’s equity, business or assets or a successor by merger. You are
advised to review the Terms and any updates periodically. We will notify you of any changes by
posting an updated version of the Terms on this page. These changes are effective
immediately after they are posted on this page. Your continued use of the Service after a
change to these Terms constitutes your binding acceptance of these Terms

32. Effective date
This version of the Terms and Conditions takes effect from 31st January 2020 (31.01.20)
These Terms and Conditions were last reviewed on 31st January 2020 (31.01.20)