Terms of Service

1. Agreement to Terms

By accessing or using Drivano ("the Platform"), you agree to these Terms of Service, the role-specific terms that apply to your account, our Privacy Policy, Cookie Policy, Payment Policy, and Acceptable Use Policy. If you do not agree, you must not use the Platform.

Drivano operates a web marketplace for UK HGV shift cover. In these terms, a business posting work is a "Hirer" and a self-employed driver or driver business providing services is a "Contractor". The iOS app is not yet launched.

2. Description of Service

Drivano is a software marketplace for UK HGV shift cover. It helps Hirers publish requirements, review Contractors, manage compliance records, form direct engagements, review timesheets, and initiate payment workflows. Contractors use Drivano to find opportunities, provide compliance records, accept direct engagements, and submit timesheets.

Drivano provides software, introduction, record-keeping, and payment-workflow tools. Drivano does not employ Contractors, engage them to work for Drivano, or supply them to Hirers as Drivano personnel. Each confirmed shift forms a separate contract for services directly between the Hirer and Contractor. Drivano is not a party to that service contract and has no authority to bind either party to terms outside the Platform workflow.

Drivano does not provide legal, tax, employment-status, transport-operator, insurance, or accounting advice. A software or work-finding platform may still be subject to legislation applying to employment agencies or online work-finding services. Nothing in these terms claims an exemption where those rules apply.

3. User Accounts

You must create an account to use the Platform. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Providing accurate and up-to-date information
• Notifying us immediately of any unauthorized access

The Platform is for business use. Hirers use it in the course of their transport/logistics business and Contractors use it in the course of their self-employed trade or profession. Nothing in these terms removes a statutory right that applies despite that intended business context.

4. Hirer Obligations

As a Hirer using the Platform, you agree to:

• Pay Drivano software subscription, usage, and other agreed Platform fees on time
• Accurately post shift details including pay rates, location, and requirements
• Review, approve, dispute, and pay approved timesheets within the stated deadlines
• Maintain all motor fleet, operator, public liability, employer's liability where applicable, and other insurance required for your operation and the specific shift
• Provide safe vehicles, safe working conditions, and clear site instructions
• Comply with applicable transport, driver-hours, tachograph, health and safety, employment, tax, and right-to-work obligations
• Conduct and record employment-status, worker-status, PAYE, National Insurance, and IR35/off-payroll assessments where required
• Not use Drivano to avoid legal obligations owed to drivers, workers, employees, regulators, or tax authorities

5. Contractor Obligations

As a Contractor using the Platform, you agree to:

• Hold a valid HGV driving licence with appropriate categories
• Hold a valid Driver CPC qualification
• Have valid right to work in the UK
• Personally perform confirmed shifts unless a replacement is approved and completes the Platform contract-acceptance process
• Submit complete and accurate timesheets promptly and, for the standard weekly cycle, by Sunday 19:00 UK time for payment normally due the following Friday
• Submit accurate timesheets reflecting actual hours worked
• Understand you are responsible for your own tax affairs unless a specific engagement states otherwise
• Comply with driver-hours, tachograph, road safety, site safety, and vehicle-use rules

Insurance: Hirers must maintain appropriate cover for vehicles and operations. Contractors must check the relevant position for each engagement and must not drive unless they are satisfied they are properly covered and legally permitted to do so.

6. Payment Terms

6.1 Drivano Fees

Hirers pay Drivano under their chosen monthly subscription or separate written managed-pilot terms. Included usage, any expressly agreed fixed or usage-based fees, cancellation consequences, refunds, and payment timing are explained in our Payment Policy and the applicable order or pilot terms. Unless expressly agreed otherwise, unused subscription allowances do not roll over. Platform fees are non-refundable except as stated in the Payment Policy or where required by law. Prices exclude VAT unless stated otherwise; VAT is added when Drivano is VAT registered and VAT is legally due. Emergency Cover PAYG was retired for new sales on 16 July 2026; legacy transactions remain governed by the terms accepted when created.

6.2 Contractor Service Payments

The Hirer, not Drivano, owes the Contractor's service fee. The Contractor generates and sends its invoice directly to the Hirer, and the Hirer pays it through its normal bank or accounts-payable process. Drivano records workflow status but does not create the bank instruction, receive or transmit the funds, advance the Hirer's debt, deduct commission from the service fee, or guarantee payment.

6.3 Timesheet Disputes

• Hirers must provide a clear written reason for disputed timesheets
• Contractors may amend and resubmit a disputed timesheet once
• Undisputed approved amounts should still be paid through the normal workflow
• Rejected or unresolved amounts may require manual Platform support
• Drivano may help administratively, but does not act as a court, tribunal, legal adviser, or final employment-status decision maker

6.4 Late Payment Consequences

Failure to pay approved amounts when due may result in:

• Suspension from posting new shifts
• Payment issue status being shown to affected Contractors
• Late fees, admin fees, or recovery costs where stated in the Payment Policy or agreed terms
• Manual support, debt recovery, or account termination for serious or repeated non-payment

6.5 Payment Transparency

By using the Platform, Hirers agree that Drivano may:

• Track and display payment status (pending, paid, overdue) to affected Contractors
• Calculate and display Hirer payment reliability scores
• Notify Contractors of Hirers with late payment history
• Share payment dispute outcomes with both parties

7. Employment Status, IR35, and Substitution

The Platform is designed for direct engagements with professional self-employed Contractors. Neither party is required to offer or accept future shifts. A Hirer may specify the required result and give lawful vehicle, site, safety, and compliance instructions, but must not treat Platform Contractors as Drivano employees or personnel.

Contract wording alone does not determine employment status; real working practices matter. Hirers remain responsible for status determinations, tax treatment, off-payroll obligations, and any required Status Determination Statement. Contractors remain responsible for their tax position unless the engagement is lawfully treated otherwise.

A Contractor may propose an eligible replacement. The proposed substitute must first accept the nomination, satisfy objective shift and compliance requirements, receive Hirer approval, and accept a new direct per-shift contract before the booking transfers. The Hirer may refuse for reasonable safety, qualification, insurance, site-access, availability, or legal reasons and must record the reason. Until the substitute accepts the contract, the original Contractor remains assigned.

8. Cancellations

• Hirer cancellation >12 hours before shift: No Platform penalty
• Hirer cancellation <12 hours before shift: 1 Platform credit is consumed
• Contractor cancellation >12 hours before shift: No Platform penalty
• Contractor cancellation <12 hours before shift: A reliability event may be recorded
• Contractor no-show: Recorded only after a Hirer or admin report based on attendance, with potential suspension for repeated confirmed no-shows

9. Platform Status and Limitation of Liability

Drivano provides platform tools and workflows. To the fullest extent permitted by law, Drivano is not liable for:

• Payment disputes, failed Hirer payments, or non-payment by Hirers
• Late payment of approved Contractor amounts where delay is caused by a Hirer, a bank, compliance checks, or a dispute
• Employment status determinations by HMRC or other authorities
• Accidents, injuries, or damages during shifts
• Actions or omissions of Hirers or Contractors
• Lost profits, revenue, or business interruption
• Any indirect, incidental, or consequential damages

Nothing excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, breach of obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 where applicable, or any liability that cannot legally be excluded. Subject to those exceptions, Drivano's aggregate liability arising from the Platform is limited to the greater of GBP 1,000 and the Platform fees paid or payable by the claimant in the 12 months before the event giving rise to the claim. Drivano is not liable for indirect or consequential loss, or loss of profit, revenue, business, contracts, anticipated savings, goodwill, or data, except where such exclusion is prohibited by law.

10. Termination

Either party may terminate their account at any time. We reserve the right to suspend or terminate accounts that:

• Violate these terms
• Fail to pay approved, undisputed amounts when due
• Engage in fraudulent activity
• Accumulate excessive disputes or cancellations
• Abuse the dispute or cancellation processes

11. Changes to Terms

We may update these terms from time to time. We will notify users of material changes by email or Platform notice and will require fresh click acceptance where the change materially affects the parties' rights or where law requires it. Non-material changes take effect on the stated update date.

12. Governing Law

These terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact

Questions about these terms? Contact us at:

Drivano
Email: legal@drivano.co.uk
Support: support@drivano.co.uk