Terms of Service
1. Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and HIRE PTP LTD., a company with its registered office at 90 St. Albans Rd Winnipeg, Mb., by which expression includes our representatives, administrators, permitted assigns and affiliates.
This Agreement governs your use of the HIRE application, website, call centre and technology platform (collectively, the “HIRE Platform”). In Manitoba, the right to operate the HIRE Platform is licensed by the HIRE PTP LTD. And the Dispatcher licensed is issued by the City of Winnipeg, Manitoba to operate in the jurisdiction of Manitoba provides you the right to access and use the HIRE Platform in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE HIRE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE HIRE PLATFORM.
Your access and use of the HIRE Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and HIRE. HIRE may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the HIRE Platform or any portion thereof, at any time for any reason without notice. HIRE may amend this Agreement from time to time. Amendments will be effective upon HIRE’s posting of an updated Agreement at this location. Your continued access or use of the HIRE Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The HIRE Platform
The HIRE Platform provides a digital transportation network which functions as a marketplace where persons who seek transportation to certain destinations (“passenger”) can be matched with persons driving to those destinations (“Driver / Chauffeur”). Each passenger shall create a User account that enables access to the HIRE Platform. For purposes of this Agreement, the driving services provided by Driver / Chauffeur to Users that are matched through the Driver / Chauffeur Platform shall be referred to collectively as the “Driving Services”. Any decision by a Passenger to accept Transportation Services is a decision made in such Passenger’s sole discretion. Each transportation Driving Service provided by a Driver / Chauffeur to a passenger shall constitute a separate agreement between such persons. HIRE is responsible to keep the record of all transportation service up-to 3 years.
YOU ACKNOWLEDGE THAT HIRE DON’T PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR TRANSPORTATION SERVICE PROVIDER OR OWN ANY VEHICLES FOR TRANSPORTATION AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY THE PERSONAL TRANSPORTATION PROVIDERS WHICH IS INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY THE HIRE.
Subject to your compliance with this Agreement, HIRE grants you a limited, non-exclusive, non-sub-licensee, revocable, non-transferable license to: (i) access and use the HIRE Platform on your personal device solely in connection with your use of the HIRE Platform; and (ii) access and use any content, information and related materials that may be made available through the HIRE Platform, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by HIRE.
Third Party Services and Content.
HIRE Platform Ownership.
The HIRE Platform and all rights therein are and shall remain HIRE’s property. Neither this Agreement nor your use of the HIRE Platform convey or grant to you any rights: (i) in or related to the HIRE Platform except for the limited license granted above; or (ii) to use or reference in any manner HIRE’s company names, logos, product and service names, trademarks or services marks.
3. Use of the HIRE Platform
In order to use most aspects of the HIRE Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to HIRE certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the HIRE Platform, including your ability to request access to your personal information or to opt in or out of marketing
preferences, or HIRE’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by HIRE in writing, you may only possess one Account.
User Requirements and Conduct.
The HIRE Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Driver / Chauffeur unless they are accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with “vehicle-for-hire by-law” when using the HIRE Platform, and you may only use the HIRE Platform for lawful purposes. You will not, in your use of the HIRE Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Driver / Chauffeur, other third party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the HIRE Platform, and you agree that you may be denied access to or use of the HIRE Platform if you refuse to provide proof of identity or due to offensive behaviour. Communications.
4. Charges and Payments
As a passenger, you agree to pay the amount charged by HIRE (the “HIRE fare”) and amounts charged by Chauffeur for providing Driving Services to you (“ Executive car or Limousine Trip Charges”).
After you have received transportation services from a Driver / Chauffeur, HRIE: (i) may facilitate your payment of the applicable Trip Charges on behalf of the Chauffeur as such Chauffeur’s limited payment collection agent and (ii) may collect any applicable HIRE Fee directly from you or, in the case of a cash payment, where passenger received limousine service from the relevant Chauffeur. Trip Charges and HIRE Fees will be inclusive of applicable taxes where required by law. Trip Charges and HIRE Fees paid by you are final and non-refundable, unless otherwise determined by HIRE. HIRE will respond accordingly to any request from a Driver / Chauffeur to modify the Trip Charges for a particular transportation Service.
All Trip Charges and HIRE Fees are due immediately and payment will be facilitated by HIRE using the preferred payment method designated in your Account, after which HIRE will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HIRE may, on its own behalf, and as the Driver / Chauffeur limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and HIRE, HIRE reserves the right to establish, remove and/or revise HIRE Fees at any time in HIRE’s sole discretion. Trip Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Trip Charges and HIRE Fees applicable in certain geographical areas may increase substantially during times of high demand. HIRE will use reasonable efforts to inform you of Trip Charges and HIRE Fees that may apply, provided that you will be responsible for Trip Charges and HIRE Fees incurred under your Account regardless of your awareness of such Trip Charges or HIRE Fees, as applicable, or the amounts thereof.
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of, Driver /
Chauffeur vehicles and property resulting from use of the HIRE Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captain reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by HIRE in HIRE’s reasonable discretion, HIRE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver / Chauffeur using any of your payment methods. Such amounts will be transferred by Driver / Chauffeur to the applicable Driver / Chauffeur and are non-refundable.
5. Restricted Activities
With respect to your use of the Driver / Chauffeur Platform and your participation in the Driving Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the transportation Services or the HIRE Platform or the servers or networks connected to the HIRE Platform (v) post information or interact on the HIRE Platform or Transportation Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use the HIRE Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the HIRE Platform (ix) “frame” or “mirror” any part of the HIRE Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (x) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the HIRE Platform or any software used on or for the HIRE Platform (xi) rent, lease, lend, sell, redistribute, license or
sublicense the HIRE Platform or access to any portion of the HIRE Platform (xii) use any robot,
spider, site search/retrieval application, or other manual or automatic device or process to
retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational
structure or presentation of the HIRE Platform or its contents (xiii) link directly or indirectly to
web sites (xiv) transfer or sell your User account, password and/or identification to any other
party (xv) discriminate against or harass anyone on the basis of race, national origin, religion,
gender, gender identity, physical or mental disability, medical condition, marital status, age or
sexual orientation (xvi) cause any third party to engage in the restricted activities above.
6. Disclaimers; Limitation of Liability; Indemnity
THE HIRE PLATFORM AND TRANSPORTATION SERVICES ARE PROVIDED “AS IS”
AND “AS AVAILABLE.” HIRE DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN
THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN ADDITION, CAREEM MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY OR AVAILABILITY OF THE HIRE PLATFORM,
TRANSPORTATION SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH
THE USE OF THE HIRE PLATFORM, OR THAT THE HIRE PLATFORM WILL BE
UNINTERRUPTED OR ERROR-FREE. HIRE DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY DRIVING SERVICES OR ABILITY OF DRIVER / CHAUFFEUR.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE HIRE
PLATFORM AND DRIVING SERVICES, AND ANY SERVICE REQUESTED IN
CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM
EXTENT PERMITTED UNDER VEHICLE-FOR-HIRE BY-LAW.
HIRE is not responsible for the conduct, whether online or offline, of any Passenger or Driver /
Chauffeur using the HIRE Platform or undertaking Transportation Services. You are solely responsible for your interactions with other Passengers or with Driver / Chauffeur. We only check police clearance certificate, Driver’s abstract, Child abuse certificate, Manitoba driving license and within 30 days vehicle inspection to register the driver under HIRE platform. Driver / Chauffeur is responsible to return for, personal belongings left in the vehicle by the Passengers. By using the HIRE Platform and participating in the Driving Services, you agree to accept such risks and agree that HIRE is not responsible for the acts or omissions of Passengers or Driver / Chauffeur on the HIRE Platform or participating in the transportation Services. LIMITATION OF LIABILITY. HIRE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE HIRE PLATFORM OR TRANSPORTATION SERVICES, EVEN IF HIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HIIRE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE HIRE PLATFORM OR THE TRANSPORTATION SERVICES OR YOUR INABILITY TO ACCESS OR USE THE HIRE PLATFORM OR THE TRANSPORTATION SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVER / CHAUFFEUR. HIRE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT DRIVER / CHAUFFEUR PROVIDING TRANSPORTATION SERVICES ARE LICENSED OR PERMITTED AS PER VEHICLE-FOR-HIRE BY-LAW. IN NO EVENT SHALL HIRE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE HIRE PLATFORM OR THE TRASNPORTATION SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION COVERED BY THE COMMERCIAL GENERAL LIABILITY AS PER VEHICLE-FOR-HIRE BY-LAW. THE HIRE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH DRIVER \ CHAUFFEUR BUT YOU AGREE THAT HIRE HAS
NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY DRIVER \ CHAUFFEUR OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. Indemnity. You agree to indemnify and hold HIRE, its Affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the HIRE Platform and the Transportation Services or services or goods obtained through your use of the HIRE Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.
7. Passenger property retrieval policy
Driver/Chauffeur must need to return passenger property which is left in the vehicle by the passenger. Driver/Chauffeur is responsible to return Lost & Found Property to its owner within 24hrs or need to drop-off it in the dispatch office of HIRE PTP LTD within 48hrs. The officer of the Company receiving the property will attempt to notify the owner when the property is received. All items surrendered to the Dispatcher office shall be stored in the secure storage area.
Lost property Procedure:
The passenger can obtain his lost property through following 2 procedure.
1) Contact to Driver for drop-off lost item
(a) If the passenger notify within 24hrs that he/she left his property in the vehicle need to take these steps
(b) Passenger need to open HIRE-Passenger mobile App
(c) Click on top left corner of the App
(d) Click on Ride History
(e) Notify Driver name, vehicle plate number and Booking ID
(f) Call directly to driver or Dispatcher office at 1-204-333-2482
(g) Driver will drop-off your item within 2hrs which is found by the driver in his vehicle with a service charge of $5.00
2) Contact to Dispatcher for pick-up lost item
a) If the Passenger notify after 24hrs that he/she left his property in the vehicle need to take these steps
b) Click on the following link http://hireptp.ca/contact-us/
c) Fill up the Form with your full name, Email, phone number, and in the message you need to describe detail of your lost item, booking id, Driver name, vehicle plate number, pickup and drop-off location, which you can obtain from Ride History of mobile app, OR
d) If you don’t know any of the above information, you can call at 1-204-333-2484 for immediate assistance, so we will reach driver to find-out your lost item.
e) Passenger must need to come our dispatch office to pick up the lost item, if he/she notify after 24hrs.
f) Passenger must need to provide the true description of lost item before to obtain it and the officer of the company is responsible to receive identity of the passenger before to return the lost item.
Found Property procedure:
The passenger must need to notify driver/chauffeur, if he/she found any property in the vehicle during the Ride. Driver/Chauffeur is responsible to drop-off this property in dispatcher office where officer of the company will try to find out the original owner of the property.
8. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the HIRE Platform or Transportation Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and HIRE PTP LTD. You acknowledge and agree that you and HIRE are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and HIRE. Arbitration Process and Rules. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the HIRE Platform or this Agreement, including those relating to its validity, its construction or its enforce-ability (any “Dispute”) shall be first mandatory submitted to mediation proceedings under the “vehicle-for-hire by-law. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Rules of vehicle-for-hire bylaw. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the City Hall, 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: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
9. Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the Vehicle-for-hire by-law of the Bill-30, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to Manitoba. Claims of Copyright Infringement. Claims of copyright infringement should be sent to HIRE at firstname.lastname@example.org Notice.
HIRE may give notice by means of a general notice on the HIRE Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to HRIE by written communication to HIRE’s email address at email@example.com. General. You may not assign or transfer your rights under this Agreement in whole or in part without HIRE’s prior written approval. You give your approval to HIRE for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of HIRE’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, HIRE or any Driver / Chauffeur as a result of the contract between you and HIRE or use of the HIRE Platform. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforce-ability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.