Pincab Driver Terms and Conditions

By using these (“Services”) provided by (“Us”) [PINCAB Pty Ltd ABN: 76 606 942 401] through our (“App”) you the (“Driver”) unconditionally and irrevocably agreed to and are bound by these Pincab Terms and Conditions (“Terms”) including for any (“Job”) you accept. We may from time to time update our (“Terms”) and your continued use of these (“Services”) is taken as acceptance of the updated (“Terms”) and all legislation and applicable current laws. We may also present to you other (“Terms”) and policies whilst using these (“Services”) and continued use of taken as acceptance of the additional (“Terms”).

Definition of terms:

App: “apps” , “website” , “site” ,  and all websites used in relation to the “Services.”

Drivers: refers to “you” , “your”  and means the personnel providing the “Job” to “Passengers”.

Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including patents); (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) circuit layouts; (f) confidential information; and (g) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Job: means the taxiing that “Drivers” provide “Passengers” through the “Pincab Service” and ‘App”.

Passenger: refers to “users” and any person who has access to the Pincab Service either as a guest or through an account.

Services: all “Services” and “Online Services” including the “App” we provide our “Users.”

Terms: “Pincab terms and conditions” , “T&C’s” , “Privacy Policy” and all Terms relating to the “Services.”

Pincab: means Pincab Pty Ltd (ABN: 76 606 942 401) and the terms “we” , “us” , “our” which is the party providing the “App” and “Services” to the “User.”

Use of the Services

Pincab Pty Ltd provide an efficient App to allow Drivers and Passengers to connect for taxiing Jobs.  As a Driver you are responsible for your behaviour and adherence to these Terms throughout the use of your Service. These include but are not limited to the following points. When you accept a Job always drive efficiently and directly to the Passenger pickup point. Do not cancel a Job once you have accepted it unless it is deemed a safety or major hazard. Only accept Jobs you are willing and able to complete correctly and in full. Always follow applicable road rules and regulations including mobile phone usage. Always be presentable. Always be polite. 

By following this Use of the Services it ensures a high standard is available to all users, Passengers and Drivers. Beyond these Terms all users and Drivers must also adhere to relevant state and territory applicable laws. Safety is primary to all involved in the Service. Report any unacceptable behaviour to support@pincab.com.au.

You will be providing personal information as a Driver. This may include login information, name, email and location. By using this App, you agree to the Terms of these Pincab terms and conditions. Further information can be found in our Privacy Policy.

As part of these Services we may record and use part of your personal information and registration information to provide a high standard of Service. For more information please refer to our Privacy Policy.

Eligibility and Registration

To be eligible for registration and use of the App and Services you must:

ü  Be at least twenty one (21) years of age;

ü  Have a valid Victorian driver’s license;

ü  Police clearances;

ü  Relevant insurances;

ü  Relevant driver accreditation and vehicle accreditation issued by Taxi Services Commission, Victoria, Australia;

ü  A current ABN;

ü  Only register for the App and Services for the intended purpose of these Services; and

ü  Only register for the App and Services legally pursuant to your state or country.

ü  Be legally allowed to work in Australia

You acknowledge and promise that your information provided is correct, true and accurate at all times by way of the fact you can update your information at any time.

You acknowledge that we may edit or delete your registration or account if it does not adhere to the Pincab terms and conditions.

Registration and Login

Drivers can log in to the App and Services via:

ü  Pincab Account

Pincab Account registration is free of charge. Drivers may also access these Services via a third party registration stated above.

Driver Responsibilities

We will aim to provide the App and Services as accurately and up to date as possible. By using these Services you the Driver irrevocably and unconditionally agree to not act in a way that may constitute:

ü  Illegal activities;

ü  Breach of any applicable laws;

ü  Violation of these Terms;

ü  Any claim or breach of our Intellectual Property as defined in these Terms;

ü  Accessing the Services via systems automation such as spambots or similar;

ü  Any such spam activities;

ü  Any use that may damage our reputation;

ü  Registering multiple accounts per one Driver;

ü  Using the App in a way that could cause harm to others;

ü  Antisocial behaviour towards Passengers and others;

ü  Posting hateful, threatening or violent requests; and

ü  Hacking or accessing the App other than methods listed in these Terms.

Further, you the Driver irrevocably and unconditionally agree to:

ü  Remain a duly licensed and accredited Driver;

ü  Provide and update all registration information pursuant to Registration and Login above;

ü  Confirm that all registration and Driver information is true, accurate and not misleading in any way;

ü  Only accept Jobs you can complete immediately;

ü  Not accept Jobs on behalf of other Drivers; violation of this will lead to immediate termination pursuant to these Terms;

ü  To defend us fully against any claims or legal proceedings about the Service;

ü  Comply with all applicable laws;

ü  Pick Passengers only with the vehicles registered in the Pincab App;

ü  Maintain your vehicle to be clean and safe;

ü  Be professional and well-groomed and presentable; and

ü  Go offline if you are not intending to do a Job.

We reserve the right to suspend or terminate this agreement at our sole discretion if these Terms are violated.

Pincab Responsibilities

It is our responsibility to provide the App and Services in good working order for the purposes of the Drivers. We cannot take any responsibility for any loss, damage or consequential losses arising from using these Services. We will aim to provide the App and Services compatible with most devices, interfaces and website themes. However this may not always be possible on every reader and every version. Pincab does not provide any hardware or devices for the App to run on. Drivers should bring their own devices.  Pincab only provide access to the App to the extent stated in these Terms.  We provide software for Android and iOS only. 

We will provide access to tracking software via the Services for you to track Passengers in regards to the Service you receive.   

Prices and Services

Pincab offer two vehicle categories as part of these Services. They are:

ü  “Taxi+” – Accredited taxi plated cars that are equal or better than a Holden Caprice; and

ü  “Executive” – Accredited hire cars that are equal or better than a Holden Caprice.

The Driver commissions for these two vehicle categories are:

ü  “Taxi+” – 10% of the total amount of Job

ü  “Executive” – 12% of the total amount of Job

We reserve the right to add, remove or modify the class or model of the vehicle at any time.

It’s our sole discretion to approve or reject any model of vehicles at any time. We cannot guarantee any number of Jobs to you the Driver. You will not be paid for a Job if you pick up the wrong Passenger. It is your responsibility to verify you have the right Passenger before you start the Job.

We reserve the right to modify the commission terms at any point and you will be informed. At point of sale the price model is fixed and will be delivered according to the terms agreed to at that point in time. Point of sale is determined when an order is processed and a Passenger starts their trip which is the point where a Driver starts their Job. It is free to download the App and register for the Services. Payment will be taken on completion of your Job. This may include any toll fees, taxi charges and/or applicable GST.

Unlike the Passenger there are no extra fees for Drivers using the App; only the corresponding commission is payable to Pincab. For transparency commissions are taken on cancellation fees also (if applicable).

Repair, Cleaning Fees and Insufficient Funds

Both Drivers and Passengers are made aware of applicable repair and cleaning fees as well as the insufficient funds process. The Passenger shall be responsible for the cost of repair for any damage or cleaning the Driver’s vehicle requires as a result of that Job in excess of normal ‘wear and tear.’ In the event that the Driver reports to us any such repairs or cleaning requirements we will verify the contents of that event and reserve the right to facilitate payment for reasonable costs to repair or clean the vehicle involved in the Job. For further information please contact support@pincab.com.au.

GST and Taxes

Driver should provide their ABN and are responsible to pay the GST. Drivers are treated as independent contractors. Where the Passenger pays via the App we will issue tax invoices in respect of supplies of vehicle transport services from you within two (2) business days.

Where we issue tax invoices to you within the time agreed between the parties you will not issue tax invoices in respect of such Service preventing double dipping GST and taxes.

You acknowledge you are registered for GST and that you will notify us if you cease to be registered or deregister for GST.

Termination, Changes and Variations

We may change, suspend or discontinue any part of the Services at any time at our sole discretion and without any liability to you. Actions that may lead to termination include but are not limited to:

ü  Calling Passenger for the destination address and cancelling the Job afterwards;

ü  Rejecting many of the Jobs received;

ü  Keeping a lower rating; and

ü  Contacting passenger anytime after the job completed.

We may revise, change or modify these Terms at any time by making updated Terms available through the App. Continued use of the Services will be deemed acceptance of the updated Pincab Terms.

Fraud Protection

The first line of defence against fraud protection is limiting exposure. Pincab therefore set a limit of AUD $175.00 or two (2) Hours for any one Job under these Services. This includes running through multiple Jobs on the App for one Passengers journey. This also includes accepting a cash difference or any payment in advance. The only payment method is via the App. Drivers are not to provide any cash-out services under this Service.

You acknowledge that any payment processed by you in breach of the above Terms will be withheld for a period of three (3) months in order to ascertain whether the payment has been rejected by the card holder. These methods are in place for your Driver fraud protection.

Anything suspicious should be reported to us on support@pincab.com.au. Further you should ask the Passenger for photo ID should you suspect any suspicious activities. We cannot verify Passenger ID through the App. If the Passenger details do not seem legitimate terminate the Job to limit exposure and contact us.

You acknowledge beyond these Terms we do not provide payment guarantee and we are limited to the tools and Terms stated herein.

We have the right to intercept, hold or suspend processing any transaction where we believe it may be fraudulent and believe you may have breached these Terms. Fees due to you include but are not limited to those stated in the Price and Services section of these Terms. Any disputes or chargebacks, fees or expenses and Third Party costs may also be passed on to you. Such disputes, suspicious activity and fraud may delay the payments being issued to you.

Loyalty and Rewards Program

Pincab are proud to offer both Passengers and Drivers the opportunity to use Pincab Points; a loyalty program. The points awarded are virtual points and not redeemable or exchangeable for cash, credit or objects. We reserve the right to award or deduct points as required at our sole discretion. Generally speaking the more Jobs you are involved in the more Pincab Points you can earn. You can also earn points through referrals. There are no cash referrals under the Pincab Points program. Actions such as cancelling Jobs may lead to a deduction in points.

Confidential Information

You may be given a unique username and password to access the App under your login. It is your responsibility only to ensure these details are kept confidential, safe and secure. No further personal information is recorded on the App as specific task and arrangement details occur between us and you. These details may include registration information and personal information. For more info on information storage see “Privacy Policy” on our App.

Geographical Restrictions

This App is intended for use by individuals and companies across Melbourne.

Liability

You must not use the App or Services for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.

To the extent permitted by law:

ü  you are responsible for your access to and use of the App, including for other people’s use of the Service using your user name, password and/or answers to security questions (with or without your permission) not limited to products and Services;

ü  we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the App; and

ü  any guarantee, warranty, term or condition is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services, or the payment of the cost of re-supplying the Services pursuant only to our stated Terms.

Release and Indemnity

In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the App and Services: 

I release Pincab Pty Ltd from all claims which I have, now or later against Pincab Pty Ltd whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:

ü  negligence;

ü  breach of contract;

ü  breach of statutory duty; or

ü  otherwise;

suffered as a result of or in connection with my using the App and Services.

I indemnify and will at all times in the future indemnify Pincab Pty Ltd against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the App and Services.

Disclaimer

We will provide the App or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the App or Services will be provided without fault or disruption.  

To the fullest extent permitted at law and except as expressed to the contrary these Terms, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the App or Services including, but not limited to, loss or damage you might suffer.

General

Entire agreement: These Pincab terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the App and Services.

Applicable law: The provision of the Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Terms, are governed by the laws of Victoria and we and you each submit to the exclusive jurisdiction of those courts.

Severability: If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.

Relationship of parties: the relationship between the parties under these Terms are that of independent contractors. This is not an employment agreement and does not constitute such a relationship between the parties. No other relationship will be formed or deemed under these Terms.

Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.

Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.  

Complaints, Disputes and Feedback

If you have any concerns or complaints regarding the Services, please report it to support@pincab.com.au. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in your State or Territory in Australia. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

If you have any feedback we also welcome this at support@pincab.com.au. To view the Driver Terms and Conditions please see here.