LegalTerms and Conditions
– Last Updated: 25 June 2019
1. DEFINITIONS.
“Booking Services” means the services set forth in this terms, which shall be provided to you by TNOLI UK.
“PHV” means private hire vehicle.
“Transportation Provider” means a provider of transportation services, including any drivers licensed to carry out private hire bookings in accordance with the Legislation.
“Website” shall mean www.tnoli.com.
2. THE PROVISION OF BOOKING SERVICES.
TNOLI UK provides to you certain booking services (the “Booking Services”). The Booking Services include:
Accepting bookings requested by you but without prejudice to TNOLI’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking.
Identifying suitable Transportation Providers;
Keeping records of bookings;
Remotely monitoring trips booked using the TNOLI App;
Receiving and dealing with feedback, questions and complaints relating to bookings accepted by TNOLI , which may be made by email: OFFICE@TNOLI.COM.
You are encouraged to provide your feedback if any of the transportation services provided to you by a Transportation Provider OR tour provider do not conform to your expectations;
TNOLI accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
3. PAYMENT.
- The Booking Services are provided by TNOLI to you free of charge. TNOLI reserves the right to introduce a fee for the provision of the Booking Services.
- Drivers: cancel before 7 days free, cancel before 3 days 5%, cancel before tour date 10% penalty of tour value.
- Customer: cancel before 7 days free, cancel before 3 days 50%, cancel before tour date 100% non-refundable charges of tour value.
4. YOUR TRANSPORTATION CONTRACT WITH A TRANSPORTATION PROVIDER.
TNOLI is not a Transportation Provider and does not provide transportation services. Transportation services are provided to you under a contract (the “Transportation Contract”) between you and the Transportation Provider that is identified to you in the booking confirmation provided by TNOLI.
The Transportation Provider may be licensed in an area other than where the booking is requested or the transportation services are provided.
5. LIMITATION OF LIABILITY.
To the extent permitted by applicable law, TNOLI will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by TNOLI;
Any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions. Any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that TNOLI fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant service.
6. APPLICABLE LAW.
The Booking Services and the Booking Service Terms set out in this Part, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of Northern Ireland.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of Northern Ireland.
7. TERMS OF USE
These Terms of Use (“Terms”) apply to your visit to and your use of the Website and the TNOLI App as well as to all other information, recommendations and/or services provided to you on or through the Website and the TNOLI App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in above.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and TNOLI. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
2. TNOLI may 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.
3. TNOLI reserves the right to terminate OR change these Terms or any Services with respect to you.
4. TNOLI reserve the right to cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or such termination would expose TNOLI or a third party to significant risk of harm or damage.
5. TNOLI may amend the Terms related to the Services from time to time. Amendments will be effective upon TNOLI 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.
8. THE SERVICES
The Services constitute a technology platform that enables users of TNOLI’s mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule transportation, logistics, delivery, ticketing and/or vendor services with independent third party providers of such services, including independent third party transportation providers .
YOU ACKNOWLEDGE THAT TNOLI DOES NOT PROVIDE TRANSPORTATION, LOGISTICS, DELIVERY OR VENDOR SERVICES OR FUNCTION AS A TRANSPORTATION PROVIDER OR CARRIER AND THAT ALL SUCH TRANSPORTATION, LOGISTICS, DELIVERY AND VENDOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TNOLI OR ANY OF ITS AFFILIATES.
9. 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 TNOLI.
10. Ownership
The Services and all rights therein are and shall remain TNOLI’s property or the property of TNOLI’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
11. Your Use of the Services
A) 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 16 years of age, or the age of legal majority in your jurisdiction., to obtain an Account. Account registration requires you to submit to TNOLI certain personal information, as well as at least one valid payment method 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 TNOLI’s termination of this Agreement 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.
B) Text Messaging/EMAIL.
By creating an Account, you agree that the Services may send you text (SMS) messages OR email as part of the normal business operation of your use of the Services.
C) 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.
12. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, TNOLI will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). 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 TNOLI.
All Charges are due immediately and payment will be facilitated as soon as practicable by TNOLI using the preferred payment method designated in your Account.
As between you and TNOLI, TNOLI 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 TNOLI’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.
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 TNOLI in TNOLI’s reasonable discretion, TNOLI 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 TNOLI to the applicable Third Party Provider and are non-refundable.
13. Disclaimers, Limitation of Liability, Indemnity
DISCLAIMER.
The services are provided “as is” and “as available.” TNOLI 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, TNOLI 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. TNOLI 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.
TNOLI 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 TNOLI has been advised of the possibility of such damages. TNOLI 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 TNOLI has been advised of the possibility of such damages.
INDEMNITY.
You agree to indemnify and hold TNOLI 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) TNOLI’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
14. General
This policy applies to users of TNOLI’s services anywhere in the world, including users of TNOLI’s apps, websites, features or other services.
This policy describes how TNOLI and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services anywhere in the world, unless covered by a separate privacy policy. such as the TNOLI Freight Privacy Policy.
This policy specifically applies to:
Riders: users who request or receive transportation
Drivers: users who provide transportation individually or through partner transportation companies
User profile: We collect information when you create or update your TNOLI account. This may include your name, email, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers such as Social Security number, driver’s license or passport if required by law, birth date, photo and signature. This also includes vehicle or insurance information of drivers. This also includes the preferences and settings that you enable for your TNOLI account.
Background check information: We may collect background check information if you sign up to use TNOLI’s services as a driver partner. This may include information such as your driver history or criminal record (where permitted by law).
Demographic data: We may collect demographic information about you, including through user surveys. In some countries, we may also receive demographic information about you from third parties.
Transaction Information
We collect transaction details related to your use of our services, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, distance traveled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.
Usage information
We collect information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services. In some cases, we collect this information through cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement.
Device Information
We may collect information about the devices you use to access our services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.
TNOLI uses the information we collect to provide, personalize, maintain and improve our products and services.
This includes using the information to:
Create and update your account.
Verify your identity.
Enable transportation, deliveries, and other services.
This includes automated processing of your information to enable Dynamic Pricing, in which the price of a ride is determined based on constantly varying factors such as the estimated time and distance of the predicted route, estimated traffic, and the number of riders and drivers using TNOLI at a given moment.
Process or facilitate payments for those services.
Offer, obtain, provide or facilitate insurance or financing solutions in connection with our services.
To track the progress of your ride.
Enable features that allow you to share information with other people, such as when you submit a compliment about a driver, refer a friend to Uber, split fares, or share your ETA.
15. Information from other sources
These may include:
User feedback, such as as ratings or compliments.
Users providing your information in connection with referral programs.
Users requesting services for or on your behalf.
Users or others providing information in connection with claims or disputes.
TNOLI business partners through which you create or access your TNOLI account, Financial services providers.
16. Providing services and features
TNOLI uses the information we collect to provide, personalise, maintain and improve our products and services.
This includes using the information to:
Create and update your account.
Verify your identity.
Enable transportation, deliveries, and other services. This includes automated processing of your information to enable Dynamic Pricing, in which the price of a ride is determined based on constantly varying factors such as the estimated time and distance of the predicted route, estimated traffic, and the number of riders and drivers using TNOLI at a given moment.
Process or facilitate payments for those services.
Offer, obtain, provide or facilitate insurance or financing solutions in connection with our services.
To track the progress of your ride.
Enable features that allow you to share information with other people, such as when you submit a compliment about a driver, refer a friend to Uber, split fares, or share your ETA.
17. Safety and security
We use your data to help maintain the safety, security and integrity of our services and users.
This includes, for example:
Screening drivers and delivery partners prior to enabling their use of our services and at subsequent intervals, including through reviews of background checks where permitted by law, to prevent use of our services by unsafe drivers.
Using information from drivers’ devices to identify unsafe driving behavior such as speeding or harsh braking and acceleration, and to raise awareness among drivers regarding such behaviors.
Our Real-Time ID Check feature, which prompts drivers to share a selfie before going online. This helps ensure that the driver using the app matches the TNOLI account we have on file, preventing fraud and helping to protect other users.
Using device, location, profile, usage and other information to prevent, detect, and combat fraud or unsafe activities. This includes processing of such information, in certain countries, to identify practices or patterns that indicate fraud or risk of safety incidents. This may also include information from third parties. In certain cases such incidents may lead to deactivation by means of an automated decision making process.
18. Customer support
TNOLI uses the information we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to:
Direct your questions to the appropriate customer support person.
Investigate and address your concerns.
Monitor and improve our customer support responses.
Research and development.
We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services.
19. Legal proceedings and requirements
We may use the information we collect to investigate or address claims or disputes relating to your use of TNOLI’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
20. Cookies And Third Party Technologies
TNOLI and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy.
Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements.
Some of TNOLI’s products, services and features require that we share information with other users or at your request. We may also share your information with our affiliates, subsidiaries and business partners, for legal reasons or in connection with claims or disputes.
TNOLI may share the information we collect With other users
21. Information Retention And Deletion
TNOLI retains user profile and other information for as long as you maintain your TNOLI account.
TNOLI retains transaction, location, usage and other information for 7 years in connection with regulatory, tax, insurance or other requirements in the places in which it operates.
22. Special Information For EU Users
Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”).
Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (‘GDPR’). This section provides information as relates to EU users’ rights, and TNOLI’s responsibilities, under this regulation.
The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, TNOLI processes the information of EU users based on one or more of the grounds specified under the GDPR: The processing is necessary to provide the services and features you request
23. The processing is necessary for tnoli's legitimate interests
TNOLI collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
To maintain and enhance our users’ safety and security. For example, we collect background check information (where permitted by law) to prevent unsafe users from providing services through our apps. We also use personal information to prevent use of our services by users who have engaged in inappropriate or dangerous behavior, such as by retaining information of banned users to prevent their use of TNOLI’s apps. We also use usage information to prevent matching of riders and drivers for whom there is higher risk of conflict (e.g., because they have been the subject of prior complaints from other users).
To prevent, detect and combat fraud in connection with the use of our services. For example, TNOLI uses user profile, location, device and usage information, to identify and prevent circumstances when users attempt to defraud TNOLI or other users.
To inform law enforcement officials regarding criminal acts or threats to public safety.
To provide customer support.
To optimize our service and develop new services. This includes, for example, identifying the best pick-up / drop locations, recommending (new) features, improving navigation, and enhancing pricing and matching riders and drivers or delivery recipients and partners.
For research and analytical purposes. This includes, for example, analyzing usage trends to improve the user experience and enhance the safety and security of our services.
For direct marketing purposes. This includes, for example, analysing data to identify trends and tailor marketing messages to user needs.
To enforce TNOLI’s Terms of Service.
24. The processing is necessary to fulfil legal obligations
TNOLI is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal data. For example, TNOLI is subject to laws and regulations in many cities and countries that require it to collect and retain information about your trips, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. TNOLI uses your information to comply with such laws to the extent they apply to your use of the TNOLI apps.
TNOLI may also share information with law enforcement, or requests by third parties pursuant to legal processes.
25. Consent
TNOLI may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
TNOLI relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent.
Location Information (Riders).
Share Live Location (Riders).
Notifications: Account and Trip Updates.
Notifications: Discounts and News.
Accessibility features.
26. DEVICE PERMISSIONS
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the TNOLI app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the TNOLI app seeks before you first use the app, and your use of the app constitutes your consent.
27. RATINGS/REVIEW LOOK-UP
After every trip, drivers and riders are able to rate each other, as well as give feedback on how the trip went. This two-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both drivers and riders.
