TERMS AND CONDITIONS
Your access to and use of http://tuktuk.lk/ is subject exclusively to these Terms and Conditions. These Terms and Conditions present the “General Conditions” applicable to the use of services offered by TukTuk Network (pvt) Ltd either through the site http://tuktuk.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 all software that belong to TukTuk Network (pvt) Ltd.
Change of Use
Links to Third Party Websites
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 expressed 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://tuktuk.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://tuktuk.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://tuktuk.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://tuktuk.lk/ has no direct association with the TAXI DRIVER, it just facilitates contact between driver and passenger. The user acknowledges and agrees that http://tuktuk.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, does so at his total means and exclusive risk. http://tuktuk.lk/ recommends that every transaction is done with good sense.
2. FROM AVAILABILITY AND INCONSISTENCY IN THE SYSTEM:
a) http://tuktuk.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://tuktuk.lk/ is also not responsible for any damages or losses caused to your computer as a result of using the Website.
c) http://tuktuk.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 http://tuktuk.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 http://tuktuk.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 agree to indemnify http://tuktuk.lk/ and its representatives from any type of vicarious liability.
c) Users accept that http://tuktuk.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 of 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:
– The information and risks of the service:
b) The PASSENGER acknowledges and agrees that http://tuktuk.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://tuktuk.lk/ has no involvement in the contractual relationship between driver and passenger.
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://tuktuk.lk/.
a) http://tuktuk.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://tuktuk.lk/ however caused including but not limited to the User’s non- compliance with the Services recorded voice instructions and http://tuktuk.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://tuktuk.lk/ or any person or any organization involved in the abovementioned systems.
b) The User shall not hold http://tuktuk.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://tuktuk.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://tuktuk.lk/ or the Driver or the Taxi Company have agreed to so provide the taxi or even if the User has advised http://tuktuk.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.
c) The User undertakes with http://tuktuk.lk/ and agrees to indemnify http://tuktuk.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://tuktuk.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://tuktuk.lk/.and shall pay such sums on demand.
d) 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 after 5 Minutes or if the Cancellation made after Driver’s arrival for the location requested, there will be a Cancellation Charge.
e) 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.
f) 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.
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://tuktuk.lk/ will be indemnified from and against and in respect of any or all liabilities, losses, charges and expenses occurred to the driver or Taxi Company.
c) However if the user is paying through Credit card standard credit card rules will apply to same.
6.3 GENERAL TERMS AND CONDITIONS
While technology helps ensure the speed, dependability, and safety of our rides, people matter most to the TukTuk experience. And it’s a two-way street between our Driver Partners and Passengers.
PROFESSIONALISM & RESPECT
TukTuk maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse.
It is unacceptable to refuse to provide or accept services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable Sri Lankan law. This type of behavior can result in permanent loss of access to the TukTuk platform.
No inappropriate behavior
Passengers and drivers expect each other to act appropriately and respect boundaries. It is disrespectful to make derogatory remarks about a person or group. Furthermore, commenting on appearance, asking overly personal questions and making unwanted physical contact are all considered inappropriate behaviors. Anyone who solicits or engages in sexual conduct while using the TukTuk platform may lose future access to TukTuk. We encourage you to be mindful of other users’ privacy and personal space. Violence of any kind will not be tolerated.
Calm and clear communication is the most effective way to defuse any disagreement that may arise between you and Driver. All Passengers and drivers expect to be treated with respect and courtesy by one another. This expectation extends to personal property as well. As a Passenger, it is your responsibility to treat your driver’s vehicle with respect and not intentionally damage or remove their personal items from it. As a driver-partner, it is your responsibility to make every reasonable effort to return any lost items in your vehicle. It is best to treat a lost item respectfully. It is unacceptable to require additional payment to return an item; doing so could cause you to lose access to the TukTuk platform.
The safety of Passengers and drivers on the TukTuk platform is of utmost concern. In order to best protect everyone in the vehicle, we require the following:
Compliance with the law
Illegal substances and – unless explicitly allowed by law – open containers of alcohol are not permitted in drivers’ vehicles. This is against the law and a serious violation of TukTuk’s policy. Furthermore, TukTuk does not tolerate drug or alcohol use by drivers while using the TukTuk app. If Passenger believes a driver may be under the influence of drugs or alcohol, please request that the driver end the trip immediately and inform TukTuk and also Driver has discretion to give transportation to a Passenger under the influence of drugs or alcohol.
TukTuk prohibits human trafficking of any kind, including the commercial sexual exploitation of children, while using our app. Anyone who engages in such activity may lose access to TukTuk.
As a driver, it is your responsibility to transport Passengers safely in accordance with the rules of the road in your city. Driving when you’re drowsy can cause accidents. So if you ever feel tired, take a break. And remember that according to the experts “sleep is the only true preventative
measure against the risks of drowsy driving”. As a Passenger, it is your responsibility to abide by the seat belt laws in your state(When required).
TukTuk expects compliance with all Sri Lankan laws governing the transportation of riders with disabilities. However Driver has a sole discretion to refuse to give transportation to the Passenger with an animal.
Following the rules
Violations of this Terms and could result in loss of your TukTuk Account. Please report any violations to TukTuk, we want to hear your feedback! Alert us and we’ll take action!
If at any time you feel that you are faced with a situation that requires immediate emergency attention, please call the emergency service number in your area or call TukTuk through your mobile. Once all parties are safe and the situation has been handled by the authorities, please then notify TukTuk. We will assist and take appropriate action as needed, including cooperating with law enforcement
Most content and some of the features on the web site are made available to visitors free of charge. However, http://tuktuk.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://tuktuk.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://tuktuk.lk/ and/or other visitors to the web site. http://tuktuk.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.