Please read these Terms and Conditions carefully before using the PAMDRIVE SERVICES LTD.
Description of the Services:PamDrive provides the PamDrive App, an application for internet-enabled portable devices (“Smartphones”) via which users can access and order taxi services in various locations, subject to availability at the location of the user as well as mobile numbers to communicate and also book for a taxi. All use of these services is subject to these Terms. The services are offered without cost to you, except where local law or regulation provides that taxis ordered via radio dispatch service or via the internet must levy a surcharge. The term “without cost to you” does not in any way affect your obligation to pay the fare for any taxi transportation services ordered via the service but refers only to your use of the service in order to obtain such transportation services. Depending on your location and applicable law and/or regulations, PamDrive may also offer you the possibility of paying your taxi fare electronically via the PamDrive -App installed on your Smartphone.
1. DEFINITIONS OF TERMS:
(I) “Taxi(s)”: means any Taxi driver that registers as taxi drivers via the Website, apps or through PamDrive Services and that is accepted by PamDrive to participate in the project;
(II) “Passenger(s)”: means any User/s who signs up and registers as passengers on the PamDrive website, apps and/or make a phone call to PamDrive office for this purpose.
(III) “Services”: means the passenger transport services through taxi provided by the Taxi drivers to the Passengers.
(IV) “User”: Taxi Drivers and Passengers.
2. WHAT IS THE WEBSITE? The PamDrive Website is a specialize service with the purpose to optimize the taxi request service, however without creating any employee relationship with the taxi drivers, meaning that PamDrive should be considered only as a service provider with the purpose of scheduling. Through the system, PamDrive allows, totally free of charge, the PASSENGERS to sign up and locate the nearest TAXI DRIVERS to request their services in a more efficient way than the conventional existing methods. The TAXI DRIVER, by his/her means, can register on the Website, apps or through PamDrive servicing office through the “Taxi Driver” section, pending an evaluation from PamDrive and the necessary documentation when signing up to participate in the project. The TAXI DRIVER will pay a flat fee per completed rides using the Website and or apps.PamDrive is not a transportation company but a taxi booking platform that connects drivers and passengers using the available service options like app, phone lines, SMS systems.
3. REGISTRATION AND USE OF THE SYSTEM
a) When registering, the user agrees to provide accurate information, complete and updated as requested on the form filled. PamDrive will try to supervise or control the accuracy of the information and defaulters shall pay the penalty applicable.
b) Only those individuals who have full legal capacity are allowed to participate in the project. People who do not enjoy this capability, among them under aged, should be assisted by their legal representative.
c) The TAXI DRIVER agrees that by registering he will be scrutinized to be accepted by PamDrive who may refuse or cancel his user account at any time, whether by complaints or by internal policy.
d) The PamDriveservices further reserves the right to use all legal means possible and to identify its users, as well as to request, at any time, additional data and documents it considers appropriate in order to verify personal data informed by the user.
e) PamDrive is not liable for any damage resulting from the disclosure of the password to third parties. You shall be solely responsible for this.
f) You may not transfer in any way, the user’s registration to a third party.
4. LIMITATION OF LIABILITY
Driver Passenger Relationship:
a) PamDrive does not provide transportation services by taxi; it serves only as an intermediary in order to optimize the scheduling service for the taxi. Thus, by accepting the provision of services by the TAXI DRIVER, the (PASSENGER) acknowledges that he/she will verify the drive details to correspond with the details provided from the app, SMS systems, emails, phone lines and any other communication feedback platform, The user acknowledges and agrees that, by registering and accepting the policy of the service agrees to provide all required details and data requested, PamDrive recommends that every transaction is done with good sense.
From availability and inconsistency in the system:
a) PamDrive does not guarantee that the system will be available without any interruption and that it will always be error-free, and therefore, shall not be liable for damages caused to users.
b) You agree that PamDrive is also not responsible for any damages or losses caused to your computer as a result of using the Website.
c) PamDrive is not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar. Compensation for damages:
User agrees to indemnify and hold harmless the PamDrive and its representatives from any claims, suits, losses, liabilities, damages and expenses, including reasonable attorneys’ fees and court costs for the damage they cause.
5. EVALUATION OF USERS (DRIVERS) It is a choice for the PASSENGER to evaluate the TAXI DRIVERS who transported them, assigning scores or commenting on their service. PASSENGERS can evaluate their drivers anonymously. Evaluations shall be for the exclusive use of PamDrive in order to better serve the PASSENGER, and may even block the TAXI DRIVER in case of several complaints. PamDrive reserves the right to use the evaluations to improve the service, whether for internal or external usage.
a) PamDrive will collect, store and may transmit or make available to any third party, data and information provided by the PASSENGER upon the registration on the Website, not limited to the location, full name, profile photo, phone number and for TAXI DRIVER, besides the previously mentioned, the registration number and grantee or auxiliary data of your vehicle, such as make, model, color and plate, among others.
b) PamDrive implements appropriate security measures to safeguard and help prevent unauthorized access, change, unauthorized disclosure or removal without permission of any information collected.
c) Whenever the PASSENGER conducts financial transactions on the Website, PamDrive will collect all relevant information and may disclose it for specific system usage purposes. The user now authorizes PamDrive to communicate to the outsourcing payment service providers, if the user engages in or PamDrive believes he/she was involved in any activity that is illegal, which violates the rights of any person or the companywill lead to suspension or termination of the use of the system.
d) PamDrive shall not be liable for any loss of user data, including resulting from acts of God, force that occurred because of the invasions to the website and security breach by unauthorized third parties.
PamDrive may notify, suspend or terminate, temporarily or permanently, the account of any user at any time, and take legal actions if:
(ii) He/she is deceptive or involved in fraudulent practices.
(iii) PamDrive concludes, in its sole discretion, that the activities and attitudes have caused or may cause harm to others or PamDrive. The user shall not be entitled to any indemnity or compensation for the cancellation or suspension of your account on the system.
a) PamDrivegrants to the user a limited, personal, nonexclusive, nontransferable, non-commercial and fully revocable license to use the website on his/her mobile or computer, in conformance and agreement of the terms contained in this Agreement. PamDrivereserves all rights to the website not expressly granted here.
b) PamDrive is not liable for any damage suffered by the user who has copied, transferred, distributed or used any website protected content, violating the rights of others.
9. GENERAL CONDITIONS
a) This Term of Use does not generate any partnership agreement, in office, franchise or employment relationship between the user and PamDrive.
b) This Term of Use may be changed by PamDrive anytime. The changes will come into force automatically on the date of the publication of the new version on the website.
10. USE OF THE SERVICE
Only registered users may use PamDrive to call for taxis. By registering to use the service, you agree to:
a) Provide truthful and up to date information during the registration process, and shall only use the service in good faith, without breaking any laws in the country where the taxi is requested.
b) Never abuse the service by requesting a taxi without the intention of using it. If a problem arises during the use of the service, users shall, in good faith, attempt to solve the problem with the help of the taxi driver and PamDrive customer service.
c) Never use the service in a way that causes damage to PamDrive.
11. PAYMENT AND THE IN-APP PAYMENT FUNCTION Users understand and agree that payment must be provided to the taxi driver regardless of any malfunction of the mobile application.In particular, when using the in-app payment functionality, or PamDrive Pay, users accept that there might be circumstances beyond PamDrive control that might cause a credit card to be rejected, and that, in such circumstances, the user must reach an alternative payment method with the taxi driver.
12. LIMITS OF LIABILITY
a) Users accept that PamDrive acts solely as a scheduling/matching service between its users and taxi drivers, and that it is not responsible for any issues that arise during the taxi ride, such as accidents, delays, or car discomfort, however will try to avoid any of these cases and create comfort for passengers.
b) PamDrive, on the other hand, commits to provide a thorough screening service so that only taxi drivers in good, legal standing in their cities/countries shall take part on the service.
13. INTELLECTUAL PROPERTY Use of the service does not transmit any intellectual property rights between PamDrive and its users. Users agree not to steal and/or publish, without PamDrive explicit consent, any material, screens or artwork presented by the application during the use of the service.
14. TERMINATION PamDrive reserves the right to block any user on its platform should it suspect said user is attempting to abuse the platform or mislead taxi drivers, PamDrive employees, partners or other users through the platform. These actions include, but are not limited to: using stolen credit cards, requesting taxis without the intention to board them, not paying for the service and constantly cancelling requests before the taxi arrives.
Any cancellation of bookings will be surcharged. Job cancellation terms are specified on the PamDrive website and all registered users must adhere to the PamDriveterms and condition of use.
All Right reserved @Pamdrive Services Limited, September 2016