TERMS & CONDITIONS

  1. USING OUR SERVICES

1.1.  These Terms are deemed to have been accepted by a Customer where the Customer has:

 

(a)   booked through the PKUP App;

 

(b) submitted an online booking at www.pkup.com.au;

 

(c)   submitted a booking over the phone to a Company staff member;

 

(d)   provided any form of payment or prepayment details to a Company staff member; and

 

(e)   accepted a quote provided by the Company in a written or oral form electronically, through text message, over the phone, via the PKUP App or PKUP social media. 

  1.    COMMUNICATION

2.1.  Communication of information to the Company must be made by through the PKUP App, a phone call, text message, PKUP social media, or by email.

 

2.2.  Communication to a driver of the Company by a Customer must be made through the PKUP App, a phone call or text message to be accepted as proof of communication and no other form of direct communication to the driver will be accepted.

 

2.3.  All valid bookings and booking changes made via the PKUP App, a phone call or text message are formally acknowledged by the Company through a confirmation phone call, email, SMS or App notification to the Customer.

 

  1.    CUSTOMER IDENTIFICATION

3.1.  Customers may be asked to present proof of identification to the designated driver of the Company prior to commencement of a PKUP journey.

 

  1.    SERVICES CHARGES

4.1.   Customers are required to prepay for the Services using an authorised debit or credit card which will be processed through the PKUP App, PKUP online booking system, Square, Inc or Stripe.

 

4.2.  Cash payments may be accepted by the Company and the Company withholds the right to not accept this form of payment.

 

4.3.  Any discount codes or promotions accepted by the Company must be provided by the Customer upon making a booking with the Company.

 

 

  1.      CUSTOMER VEHICLES

 

5.1.  Customer vehicles that are to be driven by designated drivers of the Company must:

 

         (1)  have valid and current registration in any Australian State or Territory; and

 

         (2)  be of a Roadworthy Condition.

 

5.2.  The Company may refuse to provide the Services and refuse to operate a vehicle that does not comply with clause 5.1.

 

5.3 Any fines or charges incurred due to the Customer not complying with clause 5.1:

 

  • will be the sole responsibility of the Customer and the Company will not be liable for any of the fines or charges;
  • must be paid by the Customer and the Company may deduct these fines/charges from the Customer’s credit/debit card.

 

5.4.  The Company may conduct necessary searches and investigations to determine if a vehicle is registered and in Roadworthy Condition in accordance with clause 5.1.

 

5.5.  If a Customer’s vehicle breaks down or the Company believes that it is not suitable to complete the journey:

 

         (1)  the will be liable to pay the full fare; and

 

         (2)  waiting charges may apply in addition to the full fare, if the driver is retained by the Customer.

5.6. The Customer agrees and acknowledges that the Company will not provide technical or mechanical services if a Customer’s vehicle breaks down.

 

5.7 Where a Customer’s vehicle breaks down, for any reason, the Company will inform the Customer and advise the Customer of the location of the vehicle.

 

5.8.  Subject to clause 5.7, the Customer agrees and acknowledges that a Company driver may leave the vehicle if the vehicle has broken down and the Customer will be liable for the full fare.

 

5.9 All contents, objects and belongings in a Customer’s car during the provision of the Services remain the contents, objects and belongings of the Customer and any fines or charges incurred due to the Customer’s contents, objects and/or belongings will be the sole responsibility of the Customer and the Company will not be liable for any fines or charges that may arise.

 

  1.    BOOKING CHANGES & CANCELLATIONS

6.1.  If a Customer requests a change to a booking within 1 hour prior to the requested booking pickup time, subject to driver availability, the Company has the discretion:

 

  • to change the booking time; or
  • cancel the booking;

and the Customer may be liable to pay a partial or the full fare amount.

 

6.2.  At the discretion of the Company, all booking cancellations will:

 

(a) incur an administration charge of the higher of $15 or 10% of the full fare; or

 

(b) the Customer may be liable to pay the partial or the full fare amount.

 

6.3.  On the request of a Customer, a Company driver may change a route, subject to additional costs.

 

6.4.  The Customer will be liable to pay any additional costs for any route changes or additional stop/drop off locations.

 

6.5.  If a Customer does not arrive to a requested pick up location within 20 minutes of the booking pickup time, the Company driver has the discretion to leave and the Customer will be liable to pay the full fare.

 

  1.      EXTRA CHARGES

 

 7.1.  The Company cannot be held liable or responsible for any delays caused throughout the delivery of the Services.

 

 7.2.  If a Company driver is required to wait for a Customer at the pick up location for 6 minutes the Customer will be charged $1.00 per minute thereafter.  

 

7.3 An additional surcharge will apply to PKUP fares during ACT Public Holidays of:

 

(a) a multiplier of 1.3 for trips over $50.00; and

.

(b) a multiplier of 1.5 for trips under $50.00.

 

  1.      INSURANCE

 

8.1.  Driving Insurance

 

         8.1.1.                Third Party at Fault

 

                                  All claims where a third party is at fault are made on the Customer’s insurance policy and the Company will not be liable for any repair/replacement costs.

 

          8.1.2.                Designated Driver at Fault

 

                                    All claims where the Company’s designated driver is at fault are made on the Customer’s insurance policy and the Company will not be liable for any repair/replacement costs.

 

          8.1.3.                Excess fee/minor damages

 

                                   Subject to clause 8.1.2, where the designated Company driver is at fault, the Company will pay:

 

                                  (a)                the Customer’s insurance policy excess fee up to the value of $3,000.00; or

 

                                  (b)               up to $1,500.00 for minor damages made payable to an accredited vehicle repairer approved and selected by the Company.

            

          8.1.4.                Uninsured Vehicles

 

                                   If the Customer’s vehicle is uninsured and the designated driver is at fault, the Company will not be liable for any costs whatsoever.

 

8.2. Traffic Fines 

 

          8.2.1.                Company drivers are bound by Australian Capital Territory laws.

 

          8.2.2.                Any traffic infringements will be the responsibility of the designated driver of the Company, if the infringement is incurred during the provision of the Services by the designated driver.

 

 

  1.      CUSTOMER BEHAVIOUR

 

9.1.  During a Customer’s use of the Services, the Customer must not display or act in any form that:

 

(a)                    infringes a third party's rights according to applicable law;

 

(b)                    is profane, hate-related, abusive or violent, unlawful, defamatory, harassing, fraudulent, infringing, obscene;

.

(c)                    supports racial or ethnic intolerance;

.

(d)                    is associated with computer hacking; and/or

.

(e)                    violates any laws.

.
 9.2.  A Customer must not allow any third party to perform, the following activities (without limitation) with the Company’s e-mail: 

 

(a)               Send viruses, worms, Trojan horses, corrupted files or any other form of corruptive and destructive IT software;

 

(b)               Affect third parties use of the Company’s Services;

 

(c)               Contravene any applicable anti-spam law, intellectual property law, or any other applicable and/or related law and/or contravene, encourage the contravention of illegal activity;

.

(d)               Use, make, sell, resell or change the Company’s identity and Services; and/or

 

(e)               Violate these Terms.

 

  1.      PROMOTIONS / DISCOUNT CODES

 

10.1 Promotions and/or discount codes are subject to the following additional terms and conditions:

 

       10.1.1. Promotions/discount codes are not valid on national, state or regional public holidays.  

 

       10.1.2. Promotions/discount codes are not valid on the 31st day of December of each year.

 

       10.1.3. Only one promotional ride can be redeemed per booking.

 

       10.1.4. Promotional rides are only valid from one pickup address to one destination address.

 

       10.1.5. Additional payment will be required at time of booking if the promotional ride requires additional pickup addresses or destination addresses.

 

       10.1.6. Should PKUP suspect any fraud relating to a promotion, PKUP may refuse to allow the promotional ride.

 

       10.1.7. PKUP holds and reserves the right to amend, cancel, suspend or terminate all or any promotion at any time at its discretion.

11     DEFINITIONS

In these Terms, unless the context otherwise requires:

 

‘Company’ and ‘PKUP’ means PKUP Pty. Ltd. and its employees, agents and contractors.

 

‘Customer’ means the users of the Company’s Services, including but not limited to an individual or a business entity.

 

‘PKUP App’ means the ‘PKUP-Personal Drivers’ application that may be downloaded from The App Store or Google Play that allows a Customer to book a personal driver to drive them from their requested pickup location to their destination location.

 

 

‘Roadworthy Condition’ means a vehicle of a roadworthy condition in accordance with the road safety legislation of the applicable state.

 

‘Services’ means the designated driver service offered to Customers by the Company.

 

 

‘Terms’ means these terms and conditions.

 

12 GENERAL

 

(a)               references to legislation includes references to their amendments or re-enactments of them, regulations, determinations and instruments;

 

(b)               words in the singular include their plural meaning and vice versa;

 

(c)               “include” is not to be construed as a word of limitation;

 

(d)               headings have no effect on interpretation of the clauses;

 

 

If you are found to be in violation of the Company’s Terms and policies at any time, as determined by PKUP, in its sole discretion, the Company may warn you or suspend or terminate your use of our Services. The Company may, in its sole discretion, cancel any outstanding Services and not provide a refund to the Customer.­­­­­­­­­­­

 

Please note that we may change our Terms at any time, and pursuant to the Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here.