TERMS and Conditions

Last updated: 25th July 2019

  1. Contractual Relationship

TravelPnP (Nicholas Sharp ABN 95 588 932 778) trading as ” TravelPnP “, website travelpnp.com,  (and any associated device applications).
By using TravelPnP You agree to comply with TravelPnP terms of service. The Terms of Service (the “Terms”) apply when you view or use TravelPnP platforms (“TravelPnP”, “we”, “our” or “us”) website located at www.travelpnp.com (the “Website”) or by accessing our mobile application called TravelPnP (the “App”) on your mobile device. The Website, the App and any feature, content, tool and service accessible through the Website or App are collectively referred to as the “Service.”

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and TravelPnP. If you do not agree to these Terms, you may not access or use the Services. TravelPnP may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

TravelPnP, may amend the Terms related to the Services from time to time. Amendments will be effective upon TravelPnP  posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in  TravelPnP Privacy Policy located at https://www.travelpnp.com/privacy-policy/. TravelPnP may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

  1. The Services

The Services constitute a technology platform that enables users of TravelPnP mobile applications or websites provided as part of the Services. Users (“Passenger”) can search listings of Transportation from start location to end location. “Passengers” can make a listing of seeking transportation from start location to end location set out by the account holder of the listing. Users can make listings of items wished to be transported from start location to end location set out by the account holder of the listing. Users (“Drivers”) can search listings to deliver items for other users and or deliver other users (“Passengers”) from start location to end location set out by the account holder of the listing. Under agreement with TravelPnP or certain of TravelPnP affiliates (“Third Party Providers”). Unless otherwise agreed by TravelPnP in a separate written agreement with you, the Services are made available solely for your personal, non commercial use.

Accepting these “Terms” you have agreed to obey by all the laws of the state and country you are in, either by posting or excepting transportation of illegal items. Assaulting anyone, physically, sexually or verbally that you are with or in the company of. You except you will not steal or damage items you are in charge of.

Any item being posted should be privately insured and onus of safety of the item once collected/dropped off is on the courier. TravelPnP does not take responsibility for any item lost, stolen or damaged listed on our platform. Any lost, stolen or damaged item should be reported to www.travelpnp.com/support and if you believe a crime has been committed please contact police.

License.

Subject to your compliance with these Terms, TravelPnP grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by TravelPnP and TravelPnP licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TravelPnP; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that TravelPnP does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. TravelPnP does not endorse such third party services and content and in no event shall TravelPnP be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain TravelPnP’s  property or the property of TravelPnP’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner TravelPnP company names, logos, product and service names, trademarks or services marks or those of TravelPnP’s licensors.

  1. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to TravelPnP certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). 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, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or TravelPnP termination of these Terms 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 TravelPnP in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

User Provided Content.

TravelPnP may, in TravelPnP’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to TravelPnP through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to TravelPnP, you grant TravelPnP a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and TravelPnP’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant TravelPnP the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor TravelPnP’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TravelPnP in its sole discretion, whether or not such material may be protected by law. TravelPnP may, but shall not be obligated to, review, monitor, or remove User Content, at TravelPnP ‘s sole discretion and at any time and for any reason, without notice to you.

User Identification Verification

To ensure the safety and security of all users on our platform, we require individuals to verify their identity. This process involves uploading a clear photograph of yourself, as well as a photograph of your valid driver’s license (front and back). By submitting these images, you consent to our verification process, which is designed to confirm that you are who you claim to be.

The information collected during this process will be used solely for the purpose of identity verification and will be handled in accordance with our Privacy Policy. We take your privacy seriously and implement appropriate measures to protect your personal information.

This verification step is essential not only for your safety but also for the safety of other users on our platform. If we are unable to verify your identity successfully, you may be restricted from accessing certain features of the application.

By continuing to use our services, you acknowledge and agree to these terms regarding identification verification.

 

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TravelPnP does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Insurance for Vehicle and Property

As a user of Travel PnP offering vehicles or other properties for hire, we recommend that you maintain appropriate insurance coverage for your assets. While Travel PnP provides a platform to connect you with potential customers or passengers, it is essential to understand that:

  1. Insurance Requirement: Users offering vehicles or property for hire should have valid insurance that covers any potential liabilities or damages that may arise during the rental period.

  2. Liability Protection: Insurance can provide financial protection in the event of accidents, damages, or theft, safeguarding both you and your assets.

  3. Responsibility for Damage: In the event of damage or loss during the rental period, the owner of the vehicle or property may be held responsible, and having insurance can help mitigate financial risks.

  4. Customer Liability: Customers renting vehicles or properties may be solely responsible for any damages or losses that occur during their rental period if it is deemed they are responsible. It is advisable for customers to check that the vehicle or property is adequately insured and to understand their own liability in the event of an incident.

By using Travel PnP to offer vehicles or property for hire, all users acknowledge the importance of securing adequate insurance coverage and agree to assume all responsibility for any incidents that may occur during the rental process.

By using Travel PnP to offer vehicles or property for hire, all users (providers & consumers) acknowledge the importance of securing adequate insurance coverage. Both parties agree to assume all responsibility for any incidents that may occur during the rental process. Travel PnP shall not be held liable for any damages, losses, or claims arising from these transactions.

We encourage all users to consult with their insurance providers to understand the best coverage options available for their specific needs.

  1. Payment

You acknowledge that: (a) TravelPnP is using a third party payment service that is integrated into the App, (b) TravelPnP is not responsible for any error by the third party payment service

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party User (“Charges ”). After you have received services or goods obtained through your use of the Service, TravelPnP will facilitate your payment of the applicable Charges on behalf of the Third Party User as such Third Party Users limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by TravelPnP.

All Charges are due immediately and payment will be facilitated by TravelPnP using the preferred payment method designated in your Account, after which TravelPnP 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 TravelPnP may, as the Third Party User’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and TravelPnP, TravelPnP reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in TravelPnP’s sole discretion. Users listing services may set different fees for different for those different services. You may elect to cancel your request for services or goods from a Third Party User at any time prior to anyone excepting your listing.

As a Driver/Courier, if you do cancel a listing that a user/users have already excepted to, you will be charged a cancellation fee.
TravelPnP take a small percentage of each excepted listing by another user/users on the platform as we use third party payment providers to manage payments.

This payment structure is intended to fully compensate the Third Party User for the services or goods provided. TravelPnP does not designate any portion of your payment as a tip or gratuity to the Third Party User. Any representation by TravelPnP (on TravelPnP’s website, in the Application, or in TravelPnP’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that TravelPnP provides any additional amounts, beyond those described above, to the Third Party User. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party User.

Repair or Cleaning Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by TravelPnP in TravelPnP ‘s reasonable discretion, TravelPnP reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by TravelPnP to the applicable Third Party User and are non-refundable.

  1. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRAVELPNP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TRAVELPNP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRAVELPNP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

TRAVELPNP 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 SERVICES, EVEN IF TRAVELPNP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAVELPNP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TRAVELPNP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAVELPNP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRAVELPNP ‘S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING, COURIERING  OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

TRAVELPNP’S SERVICES MAY BE USED BY YOU TO SCHEDULE A TRIP, A ITEM FOR POST, TRANSPORTATION OF PERSON AND/OR GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TRAVELPNP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

BY ACKNOWLEDGING THIS DISCLAIMER, YOU UNDERSTAND AND AGREE THAT TRAVEL PNP IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED DURING ANY PROCESS, AND YOU ACCEPT FULL RESPONSIBILITY FOR YOUR OWN TRANSACTIONS, CONSUMER OR PROVIDER.

Indemnity.

You agree to indemnify and hold TravelPnP and its 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 Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) TravelPnP’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

  1. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to TravelPnP’s designated agent. Please visit TravelPnP’s  web page at https://www.travelpnp.com/contact-us/ for the designated address and additional information.

Notice.

TravelPnP may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.

General.

No joint venture, partnership, employment or agency relationship exists between you, TravelPnP or any Third Party Provider as a result of the contract between you and TravelPnP or use of the Services.