TERMS AND CONDITIONS
Your access to and use of http://www.pickme.lk/ is subject exclusively to these Terms and Conditions. This Terms and Conditions presents the "General Conditions" applicable to the use of services offered by Pick me, either through the site http://pickme.lk/, application software for mobile phone handset (app) or phone (in addition to the "Website" ). You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and do not use .
The contents of http://pickme.lk/ website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Change of Use
http://pickme.lk/ reserves the right to: change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that http://pickme.lk/ shall not be liable to you for any such change or removal and. change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
http://pickme.lk/ Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to http://pickme.lk/ or otherwise used byhttp://pickme.lk/ as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use.
Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, http://pickme.lk/ will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
http://pickme.lk/ makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
1 - RELATIONSHIP DRIVER PASSENGER:
a) http://pickme.lk/ does not provide transportation services by taxi, serving 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 the http://pickme.lk/ has no direct association with the TAXI DRIVER, it just facilitates contact between driver and passenger. The user acknowledges and agrees that http://pickme.lk/ is not liable for any act or omissions committed by any user, whether by robbery, commitment break as a result of any act, discussions, and others including the effective fulfillment of the obligations assumed by the users and loss not being for tax purposes. The user acknowledges and agrees that, by registering and accepting the policy of the service, do so at his total means and exclusive risk. http://pickme.lk/ recommends that every transaction is done with good sense.
2. - FROM AVAILABILITY AND INCONSISTENCY IN THE SYSTEM:
a) http://pickme.lk/ 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 http://pickme.lk/ is also not responsible for any damages or losses caused to your computer as a result of using the Website.
c) http://pickme.lk/ is not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar.
3.- COMPENSATION FOR DAMAGES:
a) User agrees to indemnify and hold harmless the http://pickme.lk/ and its representatives from any claims, suits, losses, liabilities, damages and expenses, including reasonable attorneys' fees and court costs for the damage they cause.
b) User agrees to indemnify and hold harmless the http://pickme.lk/ and its representatives from any Accidental Claims or suits though that occurs due to Driver’s negligence or by fault of the Driver. Therefore Users agrees to indemnify http://pickme.lk/ and its representatives from any type of vicarious liability.
c) Users accept that http://pickme.lk/ 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 taxi discomfort.
4. OBLIGATIONS, LIABILITIES AND RISKS OF PASSENGERS.
a) The PASSENGER certifies that he uses the service for their own free will and untrammeled choice and recognizes and accepts as its responsibility and risk for using the Website.
- The acceptance and refusal and cancellation of services:
b) The acceptance and denial of the service may occur at first by DRIVER, who can accept or deny the service when receiving a notification for a ride. PASSENGER may cancel the contract for any reason. Both recognize that http://pickme.lk/ is not liable for any delays, cancellations, failure to cancel the contract and miscommunication between passenger and driver, nor for any delay or failure in the delivery of services from the DRIVER.
- The information and risks of the service:
a) The PASSENGER acknowledges and declares that understands and is aware of all the risks involved in the use of the Website and contracting services, pledging to reasonably take care as expected of someone who chooses a taxi to transport himself.
b) The PASSENGER acknowledges and agrees that http://pickme.lk/ performs no DRIVER selection, simply registering on their website to participate does not vouch for its suitability, legally, physically or mental health to provide the Services. The PASSENGER acknowledges that the data provided from the TAXI DRIVER, such as: (i) vehicle model, (ii) plate of the vehicle, (iii) full name, (iv) profile picture, among others, were provided by the DRIVER or the TAXI COMPANY by themselves. By accepting the Services, the PASSENGER acknowledges that http://pickme.lk/ has no involvement in the contractual relationship between driver and passenger.
5. PICK ME LOYALTY POINTS
§ All points earned through Pickme have no cash value or monetary value and cannot be exchanged for cash.
§ PickMe Loyalty points are specifically provided for rewards and/or promotional offers conducted by PickMe.
§ PickMe loyalty points shall be used to redeem at Pickme services and cannot be used at any other outlets or services offered by any third party.
§ PickMe Loyalty points are not assignable or otherwise transferrable and shall not be pooled with any other member’s points.
§ PickMe Points can be purchased through PickMe App. but purchased Points cannot be exchanged for cash.
§ PickMe Loyalty points can be discontinued at any time at the Management’s discretion.
6. GENERAL TERMS AND CONDITIONS
6.1 BOOKING AND CANCELLATION CONDITIONS
The User agrees that these terms and conditions shall be deemed to apply when the Users use http://pickme.lk/.
a) If The User is booking a Taxi for immediate Hire he shall not be liable to pay any booking fee. However if any user want to do an advance booking in addition to the payment of taxi fare the user must have to pay additional booking fee of Rs……… to http://pickme.lk/.
b) http://pickme.lk/ shall not be responsible or liable for any loss, damage or embarrassment suffered by the User in relation to or in respect of any instructions or operations effected by the User or purported to be effected by the User http://pickme.lk/ however caused including but not limited to the User's non-compliance with the Services recorded voice instructions and http://pickme.lk/ 's inability to provide the services for any reason, including and without limitation, as a result of malfunction, partial or total failure of any network terminal, data processing system, computer teletransmission or telecommunications system or other circumstances whether or not beyond the control of http://pickme.lk/ or any person or any organization involved in the abovementioned systems.
c) The User shall not hold http://pickme.lk/ liable for any direct or indirect loss or damage which may be suffered by the User as a result of any failure by http://pickme.lk/ or any fault of the Driver or any fault of the Taxi company to provide a taxi to the User within any stipulated time even if http://pickme.lk/ or the Driver or the Taxi Company have agreed to so provide the taxi or even if the User has advised http://pickme.lk/ or the ,Driver of the possibility that any such loss or damage would result if the taxi is not provided at all or within the stipulated time.
d) The User undertakes with http://pickme.lk/ and agrees to indemnify http://pickme.lk/ from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnify basis) claims, demands, actions and proceedings which http://pickme.lk/ may incur or sustain directly or indirectly from or by any reason of or in relation to the use or purposed use of http://pickme.lk/.and shall pay such sums on demand.
e) The User can cancel the Hire within 5 Minutes of the driver accepting the trip,you won’t be charged. However if the cancellation of booking is done after5 Minutes or if the Cancellation made after Driver’s arrival for the location requested, there will be a Cancellation Charge.
f) If for any reason your driver takes too long to get to you then the cancellation charge will be waived. A cancellation fee will always apply if a trip is cancelled after it has begun.
g) If you are not at the pickup location or your driver cannot get in touch with you, the cancellation fee will apply if the driver is at your pickup location and has waited for over 5 minutes. This means that the fee can still apply even when your driver is the one to cancel the trip.
h) If the User has booked the Taxi in advance the Cancellation charges will be as follows.
24hours before booked time: No Charge
12-6 hours before booked time: 50% of the advance amount
0 - 6 hours before booked time: 100% of the advance amount
6.2 PAYMENT CONDITIONS
a) The User shall pay the taxi fare (as displayed in the meter), parking charges, additional night surcharge (where applicable) by Cash.
b) However if the user did not have sufficient amount to pay to the driver after the hire is completed http://pickme.lk/ will be indemnify from and against and in respect of any or all liabilities, losses, charges and expenses occurs to the driver or Taxi Company.
Most content and some of the features on the web site are made available to visitors free of charge. However, http://pickme.lk/ reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. http://pickme.lk/ also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of http://pickme.lk/ and/or other visitors to the web site. http://pickme.lk/ reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.