Terms and Conditions
1. Contractual Relationship
These Terms and Conditions of Service (“Terms”) govern your access to and your use of our services, policies and actions, used by you, from Pink Car Service Ltd.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE OUR SERVICES.
Your access and use of the Services part of your agreement is bound by these Terms, which establishes a binding relationship between you and Pink Car Service Ltd. If you do not agree to these Terms and Conditions you may not access or use the Services. These Terms and Conditions expressly supersede prior agreements or arrangements with you. Pink Car Service Ltd. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Provided, in addition to what is already present or available, additional policies for events, activities, and such supplemental terms will be disclosed to you in the connection with applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of these Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Pink Car Service Ltd Services.
Pink Car Service Ltd may amend the Terms and Conditions related to the Services. Our collection and use of personal information within the Services, and any additional necessary information, may be provided to a claims processor or an insurance company (including your contact information) if there is a complaint, dispute or conflict, which may include an accident involving you and a Third-Party Provider (including a transportation network company driver) as such information or data is necessary to resolve the complaint, dispute or conflict.
2.1 The Services
The Services constitute a technology platform that enables guests of Pink Car Service Ltd. Mobile App as part of the Services to arrange and schedule transportation services with independent third party providers including independent third party transportation providers and independent third party logistics providers under agreement with Pink Car Service Ltd. or “Third Party Providers”.
2.2 Driver IDs.
The Company, Pink Car Service Ltd., will issue you a Driver ID to enable you to access and use the Driver App. Pink Car Service Ltd. reserves the right to deactivate your Driver ID if you have not fulfilled a request for Transportation Services using the Driver App. You agree that you will maintain your Driver ID in confidence and not share your Driver ID with any third party. You will immediately notify Company of any actual or suspected breach or improper use or disclosure of your Driver ID or the Driver App.
2.3 Provision of Transportation Services.
All gests can use Pink Car Service Ltd. App to pre-book their trip. The Driver App will inform the driver when job is accepted. Guest will be informed you (Driver) are available in that area. Then Transportation Services, Pink Car Service Ltd., will provide you with certain guest Information through the Driver App, including the User’s name, pickup location and drop off location. To get guest satisfaction with the Pink Car Service mobile application and your Transportation Service, it is recommended that you wait at least ten (10) minutes for a guest to show up at the requested pick-up location. You will obtain the destination from the Driver Mobile App. You acknowledge and agree that once you have accepted a guest’s request for Transportation Services, Pink Car Services Ltd mobile app may provide certain information about you to the guest, including your first name, contact information, photo and location, and your Vehicle’s make and license plate number. You shall not contact any guest or use any guest’s personal data for any reason other than for the purposes of Transportation Services. As between Pink Car Service Ltd. and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation Services; and
(b) except for the Pink Car Services Ltd. or any Company Devices (if applicable), you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform Transportation Services. You understand and agree that you have a legal obligation under municipal or provincial legislation and applicable human rights legislation or regulations to transport guests with Service Animals (as defined by law), including guide dogs for the blind and visually impaired Guests. Your knowing failure to transport a guest with a Service Animal shall constitute a material breach of this Agreement.
2.4 Your Relationship with Guests.
You acknowledge and agree that your presentation of Transportation Services to guests creates a direct business relationship between you and the guest. Pink Car Service Ltd. is not responsible or liable for the actions or inactions of a guest in relation to you, your activities or your Vehicle. You shall have the sole responsibility for any obligations or liabilities to guests or third parties that arise from your provision of Transportation Services. You acknowledge and agree that you are responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws including motor vehicle fiscal responsibility laws) regarding any acts of a guest or third party. You acknowledge and agree that, unless specifically consented to, you may not transport or allow inside your vehicle, any guest appears to be under the influence of alcohol or drugs. You acknowledge and agree that all guests should be transported directly to their specified destination, without unauthorized interruption or unauthorized stops.
2.5 Your Relationship with Company.
You, in your individual or corporate capacity, acknowledge and agree that Pink Car Service Ltd. Driver App and the Pink Car Service creates a direct business relationship between Pink Car Service Ltd. and you. You retain the sole right to determine when, where, and for how long you will utilize the Driver App or the Pink Car Service Ltd. You retain the option within the Driver App, to attempt to accept or decline a job. There will be a charge to a driver for cancellations, with the exception of extenuating circumstances such as: (a) A collision or vehicle issue that deems your vehicle unsafe to perform a service (b) An illness or ailment that deems yourself unable to perform the service (c) If the guest is deemed unsafe, suspicious or unable to identify themselves as the registered guest then service may be refused without penalty to the driver.
The driver will not engage in any other occupation or business while actively working for Pink Car Service Ltd. Company retains the right to deactivate or otherwise restrict you from accessing or using the Driver App or the Pink Car Service Ltd. in the event of a violation or alleged violation of this Agreement, your disparagement of Pink Car Service Ltd. and If your actions cause harm to Pink Car Service Ltd. or its Affiliates’ brand, reputation or business as determined by Pink Car Service Ltd., in its sole discretion. You agree that this Agreement and any subsequent agreed upon amendments to this Agreement reflects the contractual relationship between you and Pink Car Service Ltd. from the beginning of your interactions with Pink Car Service Ltd.
You acknowledge and agree that:
(a) After receiving Transportation Services, a guest may be prompted by Pink Car Service Ltd. Mobile App to provide a rating of you and such Transportation Services;
(b) After providing Transportation Services, you may be prompted by the Driver App to provide a rating of the guest;
(c) Pink Car Service Ltd. requires that all users have access to the Pink Car Service Ltd. mobile App. To continue to receive access to the Driver App and the Pink Car Service Ltd., you must maintain an average rating by guests that exceeds the minimum average acceptable rating established by Pink Car for you. Your average rating is intended to reflect guests’ satisfaction. Pink Car Service Ltd. will notify you and may provide you, in Company’s discretion, a limited period to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time allowed (if any), Pink Car Service Ltd. reserves the right to deactivate your access to the Driver App and Pink Car Service Ltd.;
(d) Repeated failure to accept guest requests for Transportation Services while you are logged in to the Driver App creates a negative experience for the guests of Pink Car Service Ltd. mobile app. If you do not wish to accept guest requests for Transportation Services for a period, you agree that you will log off the Driver App.
(e) Pink Car Service Ltd. and its Affiliates reserve the right to use, share and display you and your guest’s ratings and comments in any manner about the business of Pink Car Service Ltd. and its Affiliates without attribution to you for your approval. You acknowledge and agree that Pink Car Service Ltd. and its Affiliates are distributors (without any obligation to verify) and not publishers of you and your guests’ ratings and comments, Pink Car Service Ltd. and its Affiliates reserve the right to edit or remove comments if necessary.
2.7 Dress Code
All Drivers will be required to dress appropriately and safely. From footwear to company attire as deemed necessary by Pink Car Service Ltd. and affiliates.
You agree these Terms and Conditions between you and Pink Car Service Ltd. are a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (a) access and use the Applications on your personal device solely for your use of the Services; and (b) access and use any content, information and related materials that may be made available through the Services, in each case for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Pink Car Service Ltd.
All rights and services are and shall remain Pink Car Service Ltd. property. All driver and guest information is confidential and must remain within the boundaries of Pink Car Service Ltd. and Pink Car Service Ltd. Mobile App. You agree to not present guests with content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Pink Car Service Ltd.
5. Network Access and Devices.
You are responsible for obtaining the data network to use the Services. You are responsible for having and updating your hardware or devices if necessary to access and use the phone app. Pink Car Service Ltd. will not be responsible for such Services
All contractor with Pink Car Service Ltd. must register for the GST/HST. You acknowledge and agree that you are required to complete all tax registration obligations and calculate all tax liabilities related to your Transportation Services as required by applicable law, including but not limited to, federal and provincial taxes and Goods and Services Tax (“GST”),
7. Credit Card Payment
Guest can only make payment by VISA and MASTERCARD no CASH. All Transaction will be conducted through the Pink Car Service Ltd Mobile App. No driver will accept payment for services.
8. Repair or Cleaning Fees.
You will be responsible for the cost of repair for damage or necessary cleaning of normal wear and tear. If your vehicle sustained more than normal damage or abuse by the guest, Pink Car Service Ltd. will charge the guest for damages and necessary cleaning. Such amounts will be reimbursed upon submission of an expense report and receipt.
9. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PINK CAR SERVICE LTD. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT CLEARLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PINK CAR SERVICE LTD. MAKES NO COURSE OF ACTION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, AND AVAILABILITY OF THE SERVICES
LIMITATION OF LIABILITY.
PINK CAR SERVICE LTD. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, INVOLVING OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, ABOUT, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PINK CAR SERVICE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GUEST SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (a) YOUR USE OF OR DEPENDENCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (b) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY GUEST, EVEN IF PINK CAR SERVICES LTD. HAS BEEN ADVISED OF THE POSSIBILITY. PINK CAR SERVICES LTD. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PINK CAR SERVICES LTD.’s REASONABLE CONTROL.
PINK CARS SERVICE LTD. MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION FROM THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PINK CAR SERVICES LTD. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION PROVIDED TO YOU BY THE THIRD PARTY OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
YOU AGREE TO INDEMNIFY PINK CAR SERVICE LTD, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, LOSSES, AND LIABILITIES.
10. Governing Law; Arbitration.
These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of Calgary, Alberta. Any dispute, conflict, claim or controversy arising out of or broadly about or relating to the Services of these Terms, including those that make or show a connection between logic, its construction or its enforceability (any “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 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: (a) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (b) the third party agrees unconditionally in writing to be bound by the confidentiality obligation agreement made by parties.
11. Other Provisions – Intellectual Property
Pink Car Service Ltd. owns all proprietary rights in and to the copyrightable and/or copyrighted works comprising the app as described herein and as associated with the Pink Car Service Ltd.’s services, hereinafter collectively known as the “Work”, and has the exclusive right to license to others the right to produce, copy, make, sublicense or sell the Work. Pink Car Service Ltd. owns all rights in and to the Work and retains all rights to the Work, which are not transferred herein, and retains all common law copyrights and all legislative copyrights which have been, or which may be, granted.
Pink Car Service Ltd. hereby grants to you, in accordance with the terms and conditions of this Agreement, a non-exclusive, non-transferrable license to use the Work in the course of your business for so long as you are contracted with Pink Car Service Ltd., and for no other purpose whatsoever without the express written permission of Pink Car Service Ltd. You shall not sell, grant sub-licenses or distribute the Work or its components in any way without the prior express written approval of Pink Car Service Ltd. You acknowledge that Pink Car Service Ltd. is the sole and exclusive owner of the Work and of all associated intellectual property registrations and pending registrations, as applicable, and you shall do nothing inconsistent with such ownership.