Terms and Condition | UVA


UVA LIMITED TERMS OF SERVICE

(Last Updated March 15th, 2020) 

 


1.    Overview
2.    UVA Limited Legal Information
3.    General Terms
4.    Service Disclaimer
5.    Eligibility and Legal Capacity
6.    UVA Limited Services
7.    Updates to Terms
8.    Downloading the App
9.    Applicability
10.    Monitoring
11.    Copyright and Limited License
12.    Repeat Infringer Policy
13.    UVA Operations’ Services
14.    Copyrights Complaints
15.    Trademarks
16.    Cookies notice
17.    Third-Party Content
18.    Rules of Acceptable Use
19.    Indemnification
20.    User Content Responsibilities
21.    Disclaimer 
22.    Limitation of Liability
23.    Ratings, Reviews, and other User Feedback
24.    Electronic communication
25.    Children's Privacy Policy
26.    No Reliance
27.    Local Regulations
28.    Data and Privacy
29.    Reporting Violations
30.    Binding Arbitration of All Disputes
31.    Our GDPR Obligations
32.    Governing Law and Venue
33.    Termination 
34.    Severability
35.    Copyright License
36.    Contact Us

1.    Overview 
This UVA Limited agreement – terms of service sets forth the conditions on which we will provide the services offered through the website and Mobile Appss www.uva.uk ("the website and Mobile Appss"). 
These Terms are a legally binding agreement under which You are granted a licence to use UVA Limited application ("UVA App, and UVA UVA App"), the website at www.uva.uk ("Website") and proprietary software (together, the “App”); and you agree to do so on any occasion, to provide the services to users requesting such services through the UVA application ("or website"). 
Please read all of the following terms and conditions very carefully before using the website and Mobile Apps. By accessing and or using the site, you agree to be bound by all of the following terms of use and privacy policy.


2.    UVA Limited Legal Information
UVA Limited as “UVA” (a company registered in the United Kingdom, with company number 06242315 and registered office address at 1st floor 239 Kensington high street Kensington London W8 6SN. In relation to the provision of the services of connecting UVAs and riders through the Mobile Apps and website


3.    General Terms
UVA Limited Terms of Use (Terms) presented in this document are the fundamentals rights and obligations that users and UVA Limited website and Mobile Apps have and agree on when using UVA Limited service. These Terms constitute a binding agreement between UVA Limited and you as a user.
When you use the UVA Limited website and Mobile Apps, you agree to the Terms, and they affect your rights and obligations. If you do not accept any or one of the terms and policies herein, please kindly stop using this website and Mobile Apps immediately.
UVA Limited reserves the right at any time and in our sole discretion to change or modify these Terms or any policy or guideline of the website and Mobile Apps. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an e-mail, providing advice through the Services, or updating the "Last Updated" date at the top of these Terms on our site. So we implore you to frequently review the Terms and applicable policies guiding your use of the website and Mobile Apps and service. If you do not agree to the amended terms, you must stop using the Services immediately.


4.    Service Disclaimer
Please note that your access and use of the website and Mobile Apps is at your own risk. UVA Limited is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the website and Mobile Apps. UVA Limited assumes no responsibility for the contents of any other website and Mobile Appss to which the website and Mobile Apps may have links, and if you access any such third-party linked sites, you do so at your own risk. UVA Limited' inclusion of links to such website and Mobile Appss does not imply any endorsement by us of the materials on such sites. UVA Limited does not permit any third party to operate a link to the website and Mobile Apps, nor does it permit any third party to frame the website and Mobile Apps without obtaining UVA Limited' prior written consent.
Your use of the website and Mobile Apps is at your own risk and subject to all applicable national and international laws and regulations. UVA Limited have no responsibility for any information or services obtained by you on the site. UVA Limited reserves the right to modify, supplement, move or delete portions of or add to the website and Mobile Apps at any time with or without notice.


5.    Eligibility and Legal Capacity
You must be at least 13 years of age to access or use our website and Mobile Apps. If you are using the website and Mobile Apps on behalf of a person or entity, you agree that you are authorized to accept these Terms on that person's behalf and that the person or entity agrees to be responsible to us if you or the person or entity violates these Terms.


6.    UVA Limited Services
UVA Limited is a ride hailing platform. Connecting UVA drivers with riders. The Services comprise of a Mobile Appslications and related services (each, an "Application"), which enable users to arrange and schedule transportation, and/or delivery services with third party providers of such services under agreement with UVA Limited or certain of Uva's affiliates ("Third Party Providers")
We are committed to making our users happy and satisfied with our UVA Limited services, by using our website and Mobile Apps, you agree to waive UVA Limited any responsibility for non-compliance of a user with any local country laws


7.    Updates to Terms
We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree with our updated Terms, you should stop using our Services or close your account. Your continued use of any of our Services means you accept every of our revised terms.


8.    Downloading the App
Prior to downloading the UVA App You must apply to register with UVA. As part of the registration process, You will need to supply UVA with information about Yourself, such as
a)    Valid Driving License
b)    Vehicle Insurance
c)    Proof of Residency
d)    Picture
UVA 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 UVA seeking this verification. 
a)    You will be asked to select a username and password when registering. These details are personal to You and are not transferable, without the express written consent of UVA. The user name and password are the methods used by UVA to identify users of the Software Services and so are very important.
b)    By submitting Your account application, You represent and warrant that:
c)    You can legally enter into an agreement with UVA to use the Software Services;
d)    You have carefully studied, fully understand and agree to be bound by these UVA Terms, including all the obligations imposed on You by these UVA Terms;
e)    all the information presented to UVA by You is, and shall continue to be, accurate, correct and complete;
f)    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 UVA;
g)    You will not use the Software for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Software;
h)    You will not copy or distribute the Software or other UVA content without the prior written permission from UVA;
i)    You have, and will continue to have, the right to work in the United Kingdom (including holding a valid Vehicle Insurance Number);

9.    Applicability
These terms and conditions apply to every user or Customer that places an order for a UVA Limited products. Before the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.


10.    Monitoring
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the service to foster compliance with the Agreement. You now agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants, or guarantees that: 
•    The service, or any portion thereof, will be monitored for accuracy or unacceptable use,
•    We generally do not pre-screen content before posted, uploaded, transmitted, sent or otherwise made available on or through the service by users, so you may be exposed to content that is opinionated, offensive, or inappropriate, including content that violates the Agreement.

11.    Copyright and Limited License
Unless otherwise indicated, the Services and all materials on the website and Mobile Apps, including, without limitation, the UVA Limited logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the "UVA Limited Materials") are the property of UVA Limited or our licensors and protected by the U.S. and international copyright laws.
UVA Limited grants you a limited, non-exclusive, and non-sub licensable license to access and use the website and Mobile Apps and UVA Limited Materials. However, such consent is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the UVA Limited Materials. (b) The collection and use of any product listings, pictures, or descriptions. (c) the distribution, public performance or public display of any UVA Limited Materials; (d) modifying or otherwise making any derivative uses of the Services and the UVA Limited Materials, (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the UVA Limited Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the UVA Limited Materials other than for their intended purposes. Any use of the Services or the UVA Limited Materials other than as specifically authorized herein, without the prior written permission of UVA Limited, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be conferred any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.


12.    Repeat Infringer Policy
Following the Digital Millennium Copyright Act ("DMCA") and other applicable law, UVA Limited has adopted a policy of terminating, in appropriate circumstances, and in UVA Limited' sole discretion, users who are repeat infringers. UVA Limited may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.


13.    UVA Operations’ Services
UVA Operations (or its authorised payment agents) processes all payments in relation to the UVA services, including invoicing, collecting payment from users, reporting on payments, refunding users (where appropriate) and remitting payment ("Payment Services").
•    You acknowledge that all Payment Services in relation to the UVA services will be performed by UVA payment provider (Stripe) and not by UVA.
•    In exchange for the Payment Services, You agree that UVA Operations will retain a commission fee from any Fare collected, based on each service provided as a result of using the Mobile Appss or website ("Commission").
•    You can verify the amount of the applicable Commission on the App or the Website by entering Your user name and password.
•    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 App and stop using the website and services. 
Your continued use of the service after any such change in the Commission shall be taken as Your consent to such change.


14.    Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: 
Address: 
Telephone Number: 
Fax Number: 
E-Mail Address:  

for the requirements of a proper notification. You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.


15.    Trademarks
The UVA Limited logos, the slogan, and any other UVA Limited' product or service name or slogan contained on the Services are trademarks of UVA Limited. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of UVA Limited or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "UVA Limited" or any other name, trademark or product or service name of UVA Limited without our prior written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark or trade dress of UVA Limited and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and UVA Limited or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


16.    Cookies Notice
Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them, some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make website and Mobile Appss work efficiently. 
Some of the cookies we use are essential for our Sites to function correctly - for example, keeping track of items that have been added to your shopping basket or remembering you have logged in. To maximize your online experience, we enable cookies on the site to help us understand how we can improve or analyze the success of promotions
For more information about our cookies policy, please visit our cookies policy page.


17.    Third-Party Content
UVA Limited may provide third party content on the Services. They may contain links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. UVA Limited does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that UVA Limited is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.


18.    Rules of Acceptable Use
You further agree that you are solely responsible for your conduct while using the website and Mobile Apps, and you agree that you will not:
a)    circumvent, disable or otherwise interfere with any security related features of the Software Services;
b)    use the Software Service if UVA has suspended or banned You from using it;
c)    modify, interfere, intercept, disrupt or hack the Software Services;
d)    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;
e)    collect any data from the Software Services other than in accordance with these UVA Terms;
f)    submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
g)    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;
h)    use any User Content in violation of any licensing terms specified by the owner;
i)    submit or contribute any information or commentary about another person without that person’s permission;
j)    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
k)    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.
l)    Failure to comply with Rules of Acceptable Use constitutes a serious breach of these UVA Terms, and may result in UVA and/or UVA Payment Provider taking all or any of the following actions (with or without notice):
m)    immediate, temporary or permanent withdrawal of Your right to use the Software Services;
n)    immediate, temporary or permanent removal of any User Content;
o)    issuing of a warning to You;
p)    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
q)    disclosure of such information to law enforcement authorities, proactively or reactively, as UVA and/or UVA Payment Provider reasonably feel is necessary and in conformity with local legislation.


19.    Indemnification
You agree to defend, indemnify, and hold harmless UVA Limited, our independent contractors, service providers, and consultants. From and against any claims, damages, costs, liabilities, and expenses arising out of or related to; (a) your use of the Services; (b) any User Content or Submissions you provide. (c) your violation of these Terms. (d) your violation of any rights of another, or (e) your conduct in connection with the Services.


20.    User Content Responsibilities
Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or content originated. You access all such information and content at your own risk.
You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so in the way in which you provide it.
The Services may contain links or connections to third-party website and Mobile Appss or services that are not owned or controlled by UVA Limited. When you access third party website and Mobile Appss or use third-party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website and Mobile Apps or service that you visit or utilize.
UVA Limited has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party website and Mobile Appss or by any third party that you interact with through the Services. Also, UVA Limited will not and cannot monitor, verify, censor, or edit the content of any third-party site or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
If there is a dispute solely between participants on this site, or exclusively between users and a third party, you agree that UVA Limited is under no obligation to become involved.


21.    Disclaimer
EXCEPT AS EXPRESSLY PROVIDED CONTRARY IN WRITING BY UVA LIMITED, THE SERVICES AND UVA LIMITED MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UVA LIMITED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. UVA LIMITED DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR UVA LIMITED MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE UVA LIMITED ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE. UVA LIMITED CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY USE OF THE SITE.


22.    Limitation of Liability
IN NO EVENT SHALL UVA LIMITED, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND. INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA. WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE UVA LIMITED MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UVA LIMITED' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UVA LIMITED. WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY. IF ANY, TO UVA LIMITED FOR ACCESS TO OR USE OF THE SERVICES. 


23.    Ratings, Reviews, and other User Feedback
UVA Limited enables you to generate ratings and reviews, photos, videos, or other content about items and products on the website and Mobile Appss ("Feedback"). Feedback may only contain truthful information. Feedback must be following the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service. (ii) you will not provide a rating or consideration for any company, product, or assistance concerning which you have competitive ownership or other economic interest, employment relationship, or other affiliation. (iii) you will prominently indicate if your review was sponsored or paid for in any way; (iv) your review will comply with these Terms.
Any use of the feedback system, contrary to the preceding paragraphs, is prohibited. If you abuse the feedback system, UVA Limited is entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. These apply mainly if:
UVA Limited is legally obliged to remove the Feedback, e.g., due to a court ruling
•    the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements
•    the Feedback comprises personal data, e.g., name, address, telephone number or e-mail address
•    the Feedback contains inappropriate links or scripts, e.g., with harmful content
•    the Feedback contains inappropriate advertising for third parties
•    The ratings for items include irrelevant information not related to the topic, e.g., customer service of the store, shipping of the product, or site usability issues.
Ratings and reviews and photos, videos, or other content about items and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by UVA Limited and do not represent the views of UVA Limited. UVA Limited does not assume liability for ratings and reviews or any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.


24.    Electronic Communications
For contractual purposes, you (1) consent to receive communications from UVA Limited in an electronic form such as e-mail, to provide exclusive deals, and promotion. (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that UVA Limited provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.


25.    Children's Privacy Policy
UVA Limited respects the privacy of children, and we are committed to complying with the Children's Online Privacy Protection Act (COPPA). This Children's Privacy Policy describes our practices concerning the collection of personal information from children under the age of 13. This site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide UVA Limited services to children under 13 years of age except as permitted by COPPA. However, we may provide our service to children under 13 years of age but in the supervision of a parental guardian. 


26.    No Reliance
You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind. 


27.    Local Regulations
We make no representation that our service is available for use or permitted by law in any particular location. To the extent you choose to access our website and Mobile Apps, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You expressly agree to comply with all applicable laws concerning the transmission of technical data exported from your country or the U.K


28.    Data and Privacy
By using UVA Limited, you agree to the collection, transfer, storage, and use of your personal information by UVA Limited on servers located in the U.S. as further described in our Privacy Notice. You and UVA Limited shall process personal data received under and in connection with this User Agreement, each as a separate and independent controller. In no event will UVA Limited and you process personal data under or in connection with this User Agreement as joint controllers or a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law. 
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR")) and supplementing EU and local data protection law. 
These include, but not limited to, an obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from UVA Limited exclusively for the purpose(s) you collected the personal data under or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the particular purpose(s). Any further processing of the personal data Wnot permitted except when legally required (e.g., if a retention obligation applies). 
Failure to abide by the obligations mentioned above may result in disciplinary action up to and including account suspension.


29.    Reporting Violations
While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. And we may cooperate with such authorities as they may request, all without liability to us.


30.    Binding Arbitration of All Disputes
This section sets forth the particular way you can resolve any dispute you may have with us. Any dispute, conflict, claim or controversy that may arise out of or in connection with these UVA Terms, whether with respect to their existence, validity, interpretation, construction, enforceability, performance, breach, termination or otherwise (and including non-contractual disputes) (any “Dispute”), shall be settled by way of informal negotiations wherever possible. If the respective Dispute resulting from these UVA Terms could not be settled through such informal negotiations, then the Dispute shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be London, England. The language of the mediation and/or arbitration shall be English, unless You do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and Your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
a)    You may not assign these UVA Terms or any of the rights or obligations under these UVA Terms.
b)    You agree that UVA or UVA Operation may assign any of its obligations arising under these UVA Terms to any Affiliate Company.
c)    Any notice required to be given to You by UVA or UVA Operation 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 UVA App. Any notice required to be given by You to UVA or UVA Operations should be delivered using the UVA App, registered mail to UVA’s registered office or by email to the email address on the Website.
d)    If any provision of these UVA 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 UVA Terms shall not be deemed a waiver of such term.
e)    UVA may change these Terms at any time by giving You at least fourteen (14) days’ prior notice and posting a revised version on the Website. UVA commits to informing Transport for London of any significant changes UVA 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.'
f)    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.
g)    No provision of these UVA Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these UVA Terms. 

31.    Our GDPR Obligations
We Undertake To:
a)    Process the personal data within the services specified in these terms only on documented instructions from you unless required by applicable laws to which we are subject. In which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data; 
b)    Inform you if we consider that an instruction violates data protection laws or regulations.
c)    We shall then be entitled to suspend the execution of the relevant instructions; 
d)    Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; 
e)    Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject's rights; 
f)    Assist You In Ensuring Compliance With The Obligations Under Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us; 
g)    At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data; 
h)    Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS. 

32.    Governing Law and Venue
This Agreement shall be governed and construed in all respects by the laws of the Courts of England and the required European Union GDPR Regulation. You agree that any claim or dispute you may have against must and be resolved by arbitration. You and UVA Limited both agree to submit to the non-exclusive jurisdiction of the laws of the Courts of England. For claims falling within the jurisdiction of the Courts of England, you and UVA Limited both agree to submit to the jurisdiction of the laws of the Courts of England. 
Any dispute arising from these Terms and your use of the Services will be subject to arbitration, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration; hence it will be resolved by arbitration.


33.    Termination
UVA Limited reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.


34.    Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable. Then that provision shall not affect the validity and enforceability of the remaining provisions.


35.    Copyright License
Copyright (c) 2020(s) of first publication UVA Limited application. Subject to the express provisions of these terms and conditions:
•    We, together with our licensors, own and control all the copyright and other intellectual property rights in UVA Limited website and Mobile Apps and the Material on our site; and
•    All the copyright and other intellectual property rights in the UVA Limited website and Mobile Apps and the Material on our site are reserved.

36.    Contact Us
If you have any questions about these Terms & conditions, please contact us at E-mail: support@uva.uk.

 

© 2020 UVA-UK Limited. All Rights Reserved.