Terms and Conditions for FREENOW Brand Ambassadors Ireland

Valid as of: March 2025


FREENOW (Free Now Ireland Ltd., 7-12 Baggot Court, Dublin 2, Ireland, in the course of rebranding as FREE NOW ("FREE NOW"), CRO no. 510447.)

IT IS AGREED: These General Terms and Conditions ("Terms") for Brand Ambassadors apply when You ("You", also referred to as "Your" where applicable) accept as set out below to signify that You choose to participate in the FREE NOW Brand Ambassador programme. As a FREE NOW Brand Ambassador, You will be granted certain benefits and in return each Brand Ambassador will be expected to promote and represent the FREE NOW brand in a positive way, consistently demonstrating an exemplary level of service excellence.


1. TERMS

1.1 These Terms govern Your participation in the FREE NOW Brand Ambassador programme. These Terms are entered into by and between You and FREE NOW. These Terms supplement Your existing terms with FREE NOW. These Terms terminate and supersede any prior agreements (which, for the avoidance of doubt, do not include the terms identified in Clause 3.3(a) below) relating to the subject matter of these Terms.

1.2 In order to participate in the FREE NOW Brand Ambassador programme, You must accept these Terms. By accepting these Terms in accordance with clause 19 and returning them to FREE NOW, You indicate Your acceptance of these Terms.


2. INTERPRETATION

2.1 Section headings and captions in these Terms are for convenience of reference only and shall not be considered a part of or affect the interpretation of these Terms.

2.2 References to a document include a reference to that document as amended.

2.3 Words in the singular include the plural and vice versa and words denoting a gender denote all genders. References to persons include legal and natural persons.

2.4 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2.5 To the extent of any conflict between these Terms and any other terms agreed by You with FREE NOW, these shall prevail with respect to the subject matter of these Terms.


3. APPOINTMENT

3.1 Upon acceptance of these Terms You become a FREE NOW Brand Ambassador.

3.2 Your appointment as a FREE NOW Brand Ambassador is on a non-exclusive basis.

3.3 By accepting these Terms, You represent and warrant that:

(a) You are already a party to the General Terms and Conditions (FREE NOW Procurement Framework Agreement) for Taxi Contractors and the General Terms of Use in relation to the FREE NOW Driver App for Taxi Contractors and Taxi Drivers; and

(b) You possess and shall at all material times maintain all legal authorisations, permits and licences necessary for the conduct of Your obligations.      


4. BRAND AMBASSADOR OBLIGATIONS AND UNDERTAKINGS 

4.1 You shall:

(a) comply with Your obligations in relation to Branding as set out in clause 6;

(b) use Your best endeavours to protect and promote the FREE NOW business in a positive way;

(c) use Your best endeavours to maintain the minimum star rating on the FREE NOW App determined for the Brand Ambassador Programme and notified by FREE NOW from time to time;

(d) maintain a professional and courteous manner with all passengers and FREE NOW personnel;

(e) maintain neat and presentable dress and appearance;

(f) keep Your vehicle in good mechanical order and ensure Your vehicle's bodywork is kept clean and presentable;

(g) perform all obligations and act as a Brand Ambassador for FREE NOW conscientiously and in a competent manner and to the full limit of Your skill and ability and comply with FREE NOW's reasonable instructions in connection with these Terms promptly.

4.2 You shall not:

(a) do anything that could, or might, in the sole opinion of FREE NOW, damage the reputation of the FREE NOW business or brand; or

(b) during the Term, display any advertising material on or inside Your vehicle, or provide Your personal services in endorsing, promoting or acting as ambassador, for any company or any service or category of service that is similar to or in direct competition with FREE NOW.


5. BRAND AMBASSADOR BENEFITS 

5.1 As a FREE NOW Brand Ambassador, FREE NOW may, in its sole discretion, provide You with:

(a) priority benefits in use of the FREE NOW Driver App; and

(b) other benefits determined by FREE NOW from time to time. The provision of such benefits is solely at the discretion of FREE NOW.


6. BRANDING

6.1 YOU ARE ADVISED THAT THE BRANDING PROCESS CAN DAMAGE THE PAINTWORK ON VEHICLES IN CERTAIN CIRCUMSTANCES, ESPECIALLY THOSE WHICH HAVE BEEN SPRAY PAINTED. FREE NOW DOES NOT ACCEPT LIABILITY FOR ANY DAMAGE TO VEHICLES IN RELATION TO OR ARISING FROM THE APPLICATION OR REMOVAL OF BRANDING FROM ANY VEHICLE.

6.2 You shall:

a) contact FREE NOW within 14 days of accepting these Terms if you wish to book an appointment with the preferred supplier of FREE NOW branding (the "Branding Partner") to have the FREE NOW branding materials (the "Branding") applied to Your vehicle free of charge subject to clause 6.3;

(b) maintain the Branding on Your vehicle for a period of at least 12 months;

(c) not alter the Branding on Your vehicle in any way unless You are directed to do so by FREE NOW;

(d) not remove the Branding on Your vehicle unless:

(i) You are directed to do so by FREE NOW; or

(ii) You cease to be a Brand Ambassador in accordance with clause 8;(e) not place any other material on Your vehicle which compromises, obscures, or interferes with the Branding on Your vehicle;

(f) notify FREE NOW if the Branding on Your vehicle sustains any damage and, if the damage occurs due to an accident, then You shall have the damage to the Branding promptly evaluated and notified to FREE NOW;

(g) send FREE NOW new, time-and-date-stamped photos of Your vehicle and its Branding every three months and/or as requested by FREE NOW; and

(h) have the Branding removed, refreshed, replaced and/or updated at the direction of FREE NOW and by such date as FREE NOW may in its discretion nominate. If FREE NOW direct that the Branding must be refreshed, replaced and/or updated then the 12 month period set out in clause 6.2 (b) shall restart from the date such is done.

6.3 Subject to clause 6.1, FREE NOW shall pay for the Branding, provided:

(a) the relevant branding is applied and/or removed by the Branding Partner in accordance with these Terms, where applicable; and

(b) You comply with all FREE NOW instructions related to Branding, including in particular as regards dates nominated by FREE NOW in accordance with clause 6.2(h).

6.4 If You fail to comply with any of the terms of clause 6.2 then FREE NOW may in its sole discretion:

(a) cease providing You with any or all benefits under these Terms;

(b) temporarily exclude or permanently remove You from use of the FREE NOW Driver App; and/or

(c) require You to have the Branding removed, refreshed, replaced and/or updated, which shall be at Your own expense.

6.5 If You will not be able to attend Your appointment to have the Branding applied to Your vehicle, You shall notify the Branding Partner that You will not attend such appointment either:

(a) promptly on receipt of a reminder of such appointment from the Branding Partner; and

(b) in any event never later than 24 hours in advance of Your appointment.If You fail to notify the Branding Partner in accordance with this clause 6.5, then FREE NOW shall be entitled to charge Your FREE NOW account a sum of €75.

6.6 If You are permanently removed from the FREE NOW Driver App, then You shall immediately present Your vehicle to the Branding Partner for removal of the Branding from Your vehicle.


7. WARRANTIES

7.1 Each party warrants and undertakes to the other that:

(a) it has full authority to enter into these Terms and is not bound by any agreement with any third party that adversely affects these Terms; and

(b) it has and will maintain, all necessary powers, authority and consents to enter into and fully perform its obligations under these Terms.


8. TERMINATION

8.1 FREE NOW may terminate these Terms with immediate effect, and without giving any reason, at any time by giving notice to You.

8.2 You may terminate these Terms without giving any reason on giving 30 days' notice to FREE NOW.


9. EFFECTS OF TERMINATION 

9.1 On termination of these Terms You shall immediately remove all Branding from Your vehicle and cease holding Yourself out as a FREE NOW Brand Ambassador.


10. INTELLECTUAL PROPERTY 

10.1 FREE NOW retains all its rights in respect of all intellectual property rights subsisting in the Branding. During the term of these Terms, FREE NOW grants You a nonexclusive, royalty-free licence to use the intellectual property rights in the FREE NOW brand solely as provided to You in the form of the Branding to the extent required for You to perform Your obligations under these Terms.


11. LIABILITY

11.1 Nothing in these Terms shall exclude or limit in any way the liability of either party for:(a) death or personal injury caused by negligence;

(b) fraud or misrepresentation; or

(c) any matter for which it would be illegal or unlawful to exclude or limit, or to attempt to exclude or limit, a party's liability.

11.2 Subject to clause 11.1 and to the fullest extent permitted by law, and unless otherwise stated in these Terms, FREE NOW accepts no liability for any losses (whether direct, indirect, consequential or other of any kind) whether caused by tort (including negligence) or for breach of contract or otherwise howsoever arising, even if foreseeable, including (without limit) for any:

(a) damage to any vehicle in relation to or arising from the application or removal of Branding;

(b) loss of income or revenue;

(c) loss of business;

(d) loss of profits or contracts; or

(e) loss of anticipated savings.

11.3 In the event that FREE NOW is found to be liable to You for any reason, the sums payable to You in respect of such liability shall not in any circumstances exceed €1,000.

11.4 You shall defend, indemnify and hold harmless FREE NOW against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) relating to Your fault or negligence arising out of or in connection with these Terms.

11.5 You shall immediately notify FREE NOW of any actual or threatened claim under this clause 11 and provide FREE NOW with all relevant information relating to the claim.


12. NOTICE

12.1 Any notice required to be given by You to FREE NOW under these Terms shall be by email to ireland.drivers@free-now.com or any subsequent email address which FREE NOW may notify you of from time to time under this clause.

12.2 Any notice required to be given by FREE NOW to You under these Terms may be given by:

(a) email to the address You provided during the registration process for the FREE NOW Driver App; or

(b) posting such notice on the FREE NOW Driver App or on the FREE NOW website, or any subsequent website which FREE NOW may notify you of from time to time under this clause.


13. NO PARTNERSHIP OR AGENCY 

13.1 Nothing in these Terms shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between You and FREE NOW.

13.2 We shall not be liable for delay or failure to perform any of our obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond our reasonable control.


14. PUBLICITY AND ANNOUNCEMENTS 

14.1 You shall not make, or cause to be made at any time any statement (whether of fact, belief or opinion) which directly or indirectly disparages, is inimical, critical or derogatory to or damages the reputation of FREE NOW, whether such statement is in relation to the Brand Ambassador programme or otherwise.


15. NO WAIVER 

15.1 Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.


16. SEVERABILITY

16.1 If any provision of these Terms is judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect of the remainder of the provisions.


17. ASSIGNMENT AND SUB-LICENSING 

17.1 You may not assign, novate, charge, sub-contract, transfer or deal in any other manner with part or all of these Terms or any rights or obligations under these Terms without our prior written consent.

17.2 FREE NOW may at any time assign, novate, charge, sub-contract, transfer, or deal in any other manner with all or any of our rights or obligations under these Terms.


18. AMENDMENT

18.1 FREE NOW reserves the right to amend these Terms upon reasonable notice to You, provided that You shall be entitled to refuse any such amendment and terminate these Terms upon providing notice to FREE NOW. If You do not exercise Your right to terminate within two weeks after notification of such amendment, You shall be deemed to have accepted such amendment.


19. ACCEPTANCE OF AGREEMENT 

19.1 You agree to these Terms by ticking the box where indicated and that this method of acceptance is as conclusive of our intention to be bound by these Terms as if signed by Your handwritten signature.


20. GOVERNING LAW 

20.1 These Terms shall be governed by and construed in accordance with Irish law and You agree to submit to the exclusive jurisdiction of the Irish courts.


21. ENTIRE AGREEMENT 

21.1 These Terms (as may be amended from time to time in accordance with clause 18) constitute the entire agreement between You and FREE NOW regarding the FREE NOW Brand Ambassador programme.


FREE NOW

7-12 Baggot Court | Dublin 2

Registered office: Dublin CRO no.510447

Email: ireland.drivers@free-now.com

Website: www.free-now.com