WINIcabs Drivers Terms & Conditions
US Version 1.8 August 2019
1.1 These are Terms and Conditions detailing the agreement between the Taxi Driver using the WINIcabs system and WINI Location Services LLC, A New Hampshire based corporation, NH Business ID Number 728552 and associated companies including but not limited to Cab Call Communications Limited, trading as WINI Technologies ( a company incorporated in Ireland, Registration No 447036), WINIcabs, EZYhail and others, its subsidiaries and assigns (hereinafter referred to as “the Company”).
1.2 By logging in and using the WINIdriver app, the driver is confirming their acceptance of these terms and conditions.
2. The Company
2.1 The company has developed a system for automatically connecting customers to available taxi drivers who are nearby.
The customer’s location is shared with the driver on acceptance of the job and the driver’s location is shared with the customer. The contract for the service is between the driver and the customer.
2.2 By downloading the WINIdriver app and using login credentials provided to access the WINI system, a driver accepts these terms and conditions.
2.3 For each job received from a WINIcabs app or through EZYhail, the accepting driver agrees to pay the company a $1 charge or such charge as may be defined by the company from time to time.
2.4 The WINIcabs system allows customers to charge taxi fares, in-app, to pre-registered credit or debit cards. The driver will enter the amount of the fare for the journey into the WINIdriver app and this will be processed through the WINI system by a payment processor chosen by WINI. The payment processor will deduct their transaction fees, WINIcabs’ transaction fee and deposit the balance into the registered account or card of the appropriate taxi driver.
2.5 Payment of WINI charges:
a) Each job from a WINIcabs customer app or the EZYhail system that is accepted by a driver incurs a fee of $1 subject to 2.3 above.
b) This fee will be deducted from the proceeds of fares charged through the WINIcabs app.
c) Should the customer opt to pay by cash or swipe a card in-car the WINI system will deduct the appropriate total fees from the next in-app payment.
c) When a driver’s fee balance exceeds $5 the company may request a separate payment to pay for jobs already received.
2.6 The Company may suspend the service to a driver if the account is not operated in an orderly manner or for any other reason not defined here.
3. The Driver
3.1 A driver using the WINI system undertakes to have the necessary valid licences and insurances to operate a Taxi as defined by the local taxi licensing authority and if these change, to inform the Company and present the new original documentation for inspection and scanning/ copying as soon as practical but no later than 14 days from the date of receipt. The Driver will help to generate business for themselves and other WINIcabs drivers by:
a) Providing a pleasant, professional, courteous service in a clean and well-maintained vehicle
b) Dressing presentably, clean and smart
c) Being gracious and helpful to customers.
d) Applying discounts to fares as may be mandated by the Company.
e) Allowing customers to pay by cash, in-car card swipe or in-app charge.
3.2 In order to receive payment for customers fares charged through the WINIcabs app each driver must provide bank account or acceptable debit card details which the fares, less transaction costs and fees, will be deposited by the payment processor. These account details are not held by WINI but in a secure electronic vault of the payment processor. Any fares charged through the WINI app will be processed by the payment processor and will be deposited, less any transaction fees, into the driver’s bank account or onto their payment card, according to the instruction given by the driver.
3.3 The company will engage with payment providers and payment gateways to provide the most secure and economic method to process fares charged to cards. Any fees charged in the transaction or deposit of funds will be deducted from the fare and the net amount will be transmitted to the driver. A detail of fees charged in any transaction will be available through the WINIdriver app.
3.4 The Driver shall not permit:
a) The WINIdriver app to be modified, copied, decompiled or reverse engineered.
b) Their login details and /or password to be given to any unauthorised person
c) Any other unlicensed person or a person not registered with WINI to operate their taxi or use the WINIdriver app with the drivers credentials.
3.5 The Driver will agree to the Company’s charges as detailed in section 2.3
3.6 The Driver warrants that all information provided is true and accurate to the best of their knowledge and undertakes to inform the Company promptly in the case of any change in the relevant information.
3.7 The Driver authorises and permits the Company:
a) While logged into the WINIcabs system: To trace, and record, voice and data relating to the operation of the WINIcabs service. This information may be used for verification, customer service and company purposes.
b) To offer customers a driver rating system and publish resultant awards and/or ratings.
c) To use the driver’s details including but not limited to name, car & license details and photo when confirming jobs and on the company’s website or promotional activities.
3.8 The Driver will comply with the operating procedures defined by the Company and revised from time to time.
3.9 The Driver agrees to participate in promotional activities arranged by WINIcabs and to apply promotional discounts as mandated by the Company.
3.10 The Driver agrees to comply with all applicable laws of the country, state, and city in which they are present while using WINIdriver, for example, but not limited to:
a) To comply with the industry and regulatory standards applicable.
b) To maintain a valid policy of liability insurance and/or business insurance related to the operation of a taxi as defined by the local or state Taxi licensing authority
c) To use WINIdriver only for lawful purposes and not to use it to cause nuisance, annoyance or inconvenience.
d) To provide the Company with proof of identity as may be reasonably required and to cooperate with the Company’s occasional checking procedures to ensure the legality and integrity of the WINIcabs service.
4. IN-APP CARD PAYMENT PROCESSING
4.1 The company will contract with an approved card payment provider to process in-App transactions for customers who have pre-registered a credit or debit card or other approved payment methods.
4.2 All Fares, net of transaction fees, will be settled directly into drivers bank account or onto registered debit cards by the payment processor. All drivers must either provide bank account details or debit card to the payment processor. All payments will be less the relevant transaction fees.
4.3 All drivers undertake to be able to accept card payments in-car in accordance with local regulations. Drivers may choose their own payment provider for this purpose.
4.4 As the drivers are ultimately responsible for cost of the transaction fees WINI will work to secure the overall most economic terms with the processors concerned.
4.5 A 1099 form will be made available annually for tax purposes.
5. GENERAL PROVISIONS
5.1 This agreement does not affect the Driver’s right to be affiliated to a radio dispatch company or seek or accept taxi work in any other way.
5.2 A driver who changes affiliation to a different radio dispatch company will inform the Company of their new affiliation.
5.3 The Company may record any telephone calls for purposes of verification, quality control and training.
5.4 To decline customer’s request, a driver will press the reject button in the WINIcabs app. The Company will not make a charge for the offered contact but the Driver may be transferred to the end of the queue.
5.5 If, in the opinion of the company, the driver is recording an unacceptably high number of declined requests (hereinafter referred to as “Cherry Picking”), the company will ask the Driver to cease Cherry Picking. If it continues the Company may take action as it sees fit including but not limited to temporary suspension or removal from the WINIcabs system or charging for rejected jobs.
5.6 A job, once accepted, may be cancelled by a driver but this should only be done in exceptional circumstances. Cancelling a job is detrimental to the reputation of the service and will result in serious sanctions being imposed on the driver, to be decided by the company. The WINIcabs fee will not be refunded for a job that is cancelled.
5.7 The company may investigate a complaint received with respect to the car or the driver and, depending on the gravity or credibility of the complaint, may at its sole discretion take appropriate action including but not limited to temporary suspension, permanent removal from the system and/or referring the complaint to the relevant authorities.
5.8 The Company may terminate this agreement if a driver loses or relinquishes their Taxi license or fails to be in good standing with the local Taxi Regulator or regulatory authority, is convicted of any serious offence or has an unacceptably high level of complaints upheld against them.
5.9 The software, Apps and all rights without limitation including title and intellectual property rights are owned by the Company and its licensors and affiliates and are protected by international treaty provisions and all applicable laws of the country in which they are being used. The Driver agrees not to copy the software to anyone without written approval.
5.10 Communication is sent to the Driver’s notified postal or email address. If sent by post it is deemed to have been delivered in the normal course and by e-mail is deemed to have been delivered immediately unless proven otherwise.
5.11 If any part of these Terms & Conditions is deemed to be illegal or cannot be enforced, the other parts are not affected and are valid.
5.12 If there is conflict between this document and any other WINIcabs document, the terms of this agreement will prevail.
6 CANCELLATION OR TERMINATION
6.1 The agreement is effective immediately and continues indefinitely subject to the following provisions.
6.2 Drivers may opt to leave the WINIcabs system and terminate this agreement by informing the company in writing, deleting the apps and returning any promotional material/equipment they may be holding. Subject to this any residual balance held on the driver’s behalf will be returned within 21 days from the termination date.
6.3 This agreement will be cancelled and will be rendered null and void if the Company is prevented from providing the service to the public for any reason, including but not limited to regulatory or technical reasons.
6.4 The Company is entitled to change the provisions of this agreement at any time by giving two weeks notice in writing or by text or email and the Driver, by continuing to use the system, will be deemed to have agreed to the changes.
6.5 If the Driver does not wish to accept the changes, they will be entitled to terminate the agreement in writing during the month as per section 6.2.
6.6 Parties may terminate the agreement if any software is subject to an infringement or intellectual property right claim.
7 Privacy (Data Protection) Policy
7.1 For the purposes of the Irish Data Protection Acts 1988 and 2003 the Company is a data controller. Connecting customers to drivers requires certain data from drivers, which is shared with customers. In particular, when a driver accepts a booking the company will send their name, photo, location and details of the car and roof sign /Taxi number to the customer. By using the WINI system the driver gives permission for the sharing of this information with the customer.
7.2 Drivers may request details of personal information held with the Company under the Data Protection Acts 1988 and 2003. A fee may be charged. If any information is inaccurate, they should inform the Company by letter or e-mail.
7.4 The Company takes appropriate measures to safeguard the information it holds from unauthorised access or improper use. The database is stored in a secure, password protected location. Only users authorised by the Company are allowed access to this data. The company does not store bank account details or credit or debit card numbers in its database.
8.1 WINIcabs does not provide transportation services, and the company is not a carrier or a dispatch operator. The company has no responsibility or liability for any transportation services provided by a Driver to third parties.
8.2 The Company does not endorse web sites that may be linked through the Internet and the Company or its licensors are not responsible for any content, products, services or materials available from such sites or third party providers.
8.3 The services provided are the driver’s responsibility. The Company does not screen customers. The driver accepts that they use the WINIcabs system at their own risk and that the company is not responsible for the behaviour of passengers.
8.4 The Company will not be liable to the driver or to any passenger carried in respect of any loss, damage or injury howsoever caused.
8.5 The Company is not liable for loss caused by failure of a server, internet or data connection, or where failure is beyond Company’s control, including war, insurrection, fire, flood, earthquake, strikes, lock-outs, or similar.
8.6 THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. THE DRIVER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF THEIR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH THEM, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WINI Location Services LLC registered in New Hampshire, USA and Cab Call Communications Ltd. trading as WINI Technologies (a company incorporated in Ireland, Registration No 447036).
Interpretation is subject to the legal jurisdiction of the United States of America
USA Drivers Terms and Conditions Version 1.8 August 2019