General Terms and Conditions
♦ Taxi drivers
General terms and conditions
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY
PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
CARIBOU TUKTU CABS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.
CARIBOU Tuktu Cabs MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. CARIBOUTUKTUCABS, AND ITS
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND
CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS
WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH
THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE
RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification. You shall defend, indemnify, and hold harmless Caribou Cabs, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Caribou Cabs). Caribou Cabs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Caribou Cabs in asserting any available defenses. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER LAW, CARIBOU CABS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR
PROFIT) ARISING WITH RESPECT TO THE SERVICES, EVEN IF CARIBOU CABS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS
SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY
INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
Tuktu Cabs reserves the right to access, read, preserve, and disclose any information as Caribou Tuktu Cabs reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CaribouTuktuCabs, its users and the public. Evaluations As part of the Service, you may evaluate the driver and the condition of the taxi you ordered through the Service. You agree that all such evaluations will be objective and fair. You acknowledge and agree that your evaluations may be published on the CaribouCabs app and that such evaluations may be accessible to other users of the Services. To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations. Responsibility for Contents The sole responsibility for the content published and transmitted in the CaribouCabs
App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, Caribou
You may redeem your caribou cabs Payment introductory offer voucher in connection with a taxi trip via participating taxis in iqaluit provided you are a registered Nunavut Caribou Tuktu Cabs Payment user and that you have deposited a cashless payment in your Caribou cabs Payment account via the Caribou cabs app,website using the Caribou cabs Payment function, and providing that you have informed the participating taxi via the Caribou cabs app,website by selecting the Caribou cabs Payment function immediately before you begin your trip prohibited by law or regulation 2. In addition to these redemption conditions, the General Terms & Conditions of Caribou cabs . apply and are incorporated herein by reference. See: “Terms and Conditions regarding passengers“ in its currently valid form www.cariboucabsiqaluit.com as well as “Payment Conditions” in its currently valid form www.cariboucabsiqaluit.com
Updated 27 March 2021
Caribou Tuktu Cabs(“CaribouCabs ” or “we”) provides a software application called CaribouCabs and a system that, amongst other things, lets passengers see nearby available Taxi Drivers on a map, connect in real-time (including by mobile phone) and pay for taxi vehicle transportation services through the CaribouCabs application (the “CaribouCabs service”). The CaribouCabs service is designed to give you as much control and ownership over how you manage your work as possible, and generally help passengers and drivers connect more efficiently. You however must be responsible for your own use of the CaribouCabs service and your own behavior as a Taxi Driver. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others. If you have any questions or feedback on the CaribouCabs service you can contact us at CaribouCabs@gmail.com.
SUMMARY OF IMPORTANT TERMS AND CONDITIONS
Only accept a job if you are confident that you can complete it
Do not abandon a job once you have accepted it unless absolutely necessary i.e. your vehicle is broke down
When you accept a job, always drive directly to the Passenger’s pick up location
Always be polite and respectful to the Passenger’s
Help passengers if needed with their Groceries
Physical fight, argument or confrontation is not acceptable.
~ Do not talk on the phone, eat or use offensive language during a job – Always be presentable and have good personal hygiene (this is a common Passenger complaint against some drivers)
TERM & TERMINATION
5.1 We may terminate these Terms and close any account you have with us by giving you 1 business day notice in writing by email to your registered email address Or in person. We may also terminate these Terms and close your account without notice if you commit a material breach of any of your obligations under these Terms or the Driver Code of Conduct or if you cease to be an accredited driver.
5.2 We reserve the right to suspend, restrict or terminate your access to the Caribou Cabs service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms or the Driver Code of Conduct. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5.3 You may cancel these Terms at any time by simply closing your account by Contacting us.
OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
6.1 The CARIBOU CABS service comes with consumer guarantees under the Nunavut consumer law that cannot be excluded by these Terms. These include that we will provide the TAXI service with due care and skill. Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.
7.1 By registering as a driver, you acknowledge and consent to our collection of your personal information including your name, location, mobile number, vehicle information, financial information (such as your bank account details) and email address.
7.2 This personal information is collected and may be used for the purposes of registering and managing your driver account with CARIBOUTUKTUCABS; providing you with the Dispatch service or offers in relation to the Caribou Cabs service; placing you in contact with potential passengers and jobs; processing payments to you (where applicable); contacting you in respect of any queries or complaints; for our internal business purposes (such as our accounting or management purposes); if required or authorized by law and for the purposes of complying with our legal or regulatory obligations; or for any other purposes you may reasonably expect.
7.3 From time to time, we may disclose your personal information to our staff and to third parties, for example: to passengers in order to connect you with potential passengers and jobs; to third parties, agents, contractors or suppliers who assist us in the provision of the TAXI service (for example, payment processors, website hosting service providers, information cloud storage service providers, customer care services); law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; and other platforms to which you have asked Caribou Tuktu Cabs to interface. Driver personal information is hosted by Nunavut Caribou Tuktu Cabs
7.4 If you are not comfortable giving us permission to collect and manage your personal information in this manner, you do not have to provide us with your personal information. However, if you do not provide us with certain required personal information we will be unable to provide you with, and you will not be able to avail yourself of the full TAXI service.
8.1 You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete
your breach of any applicable laws and regulations (C) your breach of any of the Terms; or
(D) a misuse of the CaribouCabs service by you.
This clause will survive the termination of this Agreement.
If you wish to provide us with any feedback; make a complaint in relation to the TAXI service; or make a complaint about other users/Drivers of the Caribou Tuktu Cabs service , please call us or email us at contact@caribouCabsiqaluit.com
Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms. You acknowledge and agree that you will not, for the duration of this Agreement, make any disparaging comments about us on social media or any public forum.
10.1 Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
10.2 Relationship of the parties. The relationship between the parties under this Agreement is that of independent contractors. This Agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties.
10.3 Assignment. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 5, you may terminate your agreement with us at any time.
10.4 No waiver. Any delay by us in exercising a right under these Terms do not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.
10.5 Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
10.6 Amendment. We may amend these Terms from time to time in order to reflect changes to the CARIBOU TUKTU CABS service (including the Caribou Cabs website/ Application) .
10.7 Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address or In person. Any notice delivered by you to us under this Agreement will be delivered in person or by emailing us at CaribouCabs@gmail.com .
Nunavut Caribou Tuktu Cabs
Building 1087 Mivvik street
⦁ PO Box 537