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Lynk Terms and Conditions

Last modified date: April 23, 2024

In all Cases and in all Sections of these Terms and Conditions ‘Lynk’ includes:

NET Global Taxis Ltd trading as Lynk and other associated trade names,
Blue Cabs (Management) Ltd, Blue Cabs Ltd,
Intercity Cabs Limited.

Table of Contents

  1. Lynk Customer Terms and Conditions
  2. Lynk Driver Terms and Conditions (Inc. Wheelchair Accessible Vehicle (WAV) Drivers)
  3. Lynk Applications (Apps) EULA - End User License Agreement
  4. Lynk Delivery Person Terms and Conditions
  5. Lynk Fleet DriverTerms and Conditions (Inc. Wheelchair Accessible Vehicle (WAV) Drivers)
  6. Lynk Plate DriverTerms and Conditions
  7. Lynk Plate OwnerTerms and Conditions

The Terms and Conditions contained in each section of these Terms and Conditions apply to all relevant Parties at all times.

If any part of these Terms and Conditions are found to contradict any other of Lynk’s terms or conditions or agreements these Terms and Conditions shall prevail.

Each of the conditions in each section of these terms and conditions stands alone. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Lynk may terminate this agreement in the event of a breach of any these Terms and Conditions by the other party.

1. Lynk Customer Terms and Conditions

1.1 Scope of this section of the terms and conditions

  • There are two parties to these Terms and Conditions (“Terms and Conditions”):
    • Lynk
    • The customer as the person using the Product – You, Lynk’s customer
  • As a user of the Lynk service as described in these Terms and Conditions (the “Service”) you will comply with these Terms and Conditions.
  • There is no partnership between Lynk and the driver and neither is providing service to the other. Both are jointly providing taxi service or delivery service to you, Lynk’s customer.
  • Either party may terminate the relationship between the parties at any time with or without notice.

1.2 Product

  • The “Product” is a driver application, a customer application, a web application, a telephone system, a dispatch system and ancillary systems that allows the customer to arrange the carrying of passengers or goods by independent Lynk drivers and the use of a depot service (where available) which can be used as a base for drivers and for passengers to get a taxi or to send, temporarily store, and receive parcels and allows for the driver to receive such bookings.

1.3 Phone Calls

  • Calls are recorded for quality, verification and training purposes in line with our Privacy Statement – https://www.lynk.ie/privacy-policy/.

1.4 Using Lynk

  • To use the Service, you can make a booking via the app, the web at Lynk.ie, other electronic means or by phone.
  • You may be asked to enter the passenger name, pick-up time and location, destination locations and other information necessary for the proper processing of the booking.
  • Service hours will be 24/7/365.
  • Service and/or on-time service is not guaranteed and no guarantee is inferred or given.

1.5 Payment and charges

  • You may pay your Lynk driver by cash, card, electronically and/or on bill-pay account.
  • If you pay by cash for your journey you will pay at the end of your journey.
  • If you pay by credit card your payment may be charged at the end of your journey or before your journey commences.
  • If you pay on bill-pay account you will be issued with periodic invoices for payment.
  • Cancellation Charge – Cancellation after dispatch incurs a charge equivalent to our minimum charge. If waiting time is incurred the regulation waiting-time charge will be added to the Cancellation Charge. The Cancellation Charge will be applied to your registered card, electronic payment or bill pay account.
  • Pre–Authorisation Temporary Charge for Bookings paid by card is based on the Estimated cost of Service plus a certain margin for error.
  • Pre–Authorisation Temporary Charge is a temporary hold of the Estimated cost of Service plus a certain margin for error on the card which you used to make a booking. Pre-Authorisation Temporary Charge is not a charge and no funds have been debited from your account until a charge is made for service. Any unused amount will be removed from your statement within 2-5 working days depending on your bank’s policies.
    • Pre–Authorisation Temporary Charge is a security measure put in place by our card payment service provider to make sure your card is valid and not fraudulent.
  • Service Fee and Tech Fee

    • Service Fee (Sometimes called Service Charge, Booking Service Fee or Charge) is Lynk’s per-booking charge for management and support services provided to Premium+ customers, some Premium customers and some bill-pay customers. It is separate and additional to the taxi fare, unless otherwise agreed between the parties.
    • Tech Fee (sometimes called Service fee or charge) is a per-booking fee billed by Lynk to non-Premium customers to support Lynk’s technology. It is €1 per booking and is separate and additional to the taxi fare.
    • Service Fee and/or Tech Fee may be a fixed-value charge or percentage charge or both, regardless of how the fare is paid.
    • In some circumstances the Service Fee and/or Tech Fee may be waived or remain uncollected by Lynk for a period of time. It may be billed by Lynk to your registered card or bill-pay account or it may require you to follow a link to a payment portal or to contact Lynk in order to pay the Service Fee and/or Tech Fee. It may be billed as a separate charge which will be itemised as such on your invoice or email receipt or it may be imbedded in the fare on your invoice. If the Service Fee and/or Tech Fee is imbedded in the fare on your invoice it will state at the bottom of your invoice that this is the case.
    • Service Fee and/or Tech Fee is not a driver charge. It is a Lynk charge and as such is charged by Lynk.
    • The billing and/or payment of a Service Fee and/or Tech Fee does not guarantee service or on-time service and no guarantee is given.
    • You will be notified of the driver’s arrival, by call or electronically. If you do not travel, a Cancellation Charge may be charged to your registered card or bill-pay account.
    • Lynk is entitled to charge all regulated taxi charges.
    • Lynk is entitled to charge all Tech and Service fees as detailed in these terms and conditions and on Lynk.ie.
  • Personal Premium, Business Premium and Business Premium+

    • A minimum monthly spend may be required to maintain a Premium account with Lynk.
    • As a Personal Premium Customer you must pre-purchase taxi credit (28 day taxi credit) every month to the value published from time to time on Lynk.ie, in order to maintain a Premium profile. This credit represents the minimum spend per month required to maintain the Premium profile. Such taxi credit shall be used against the first taxi fare booked and paid for on your Premium profile, following the monthly purchase of the 28 day taxi credit.
    • Taxi Credit is purchased on a Use-it-or-Lose-it basis and must be used within 28 days of purchase.
    • As a Business Premium and Business Premium+ customer you will receive enhanced service and management supportand you will be charged a Booking Service Charge for these services and enhancements.
    • In addition to other exclusive benefits, as published from time to time on Lynk.ie, you have the following benefits:
      • You have access to Lynk’s Expense Reporting feature.
      • You are in the Premium Q for pre-bookings and airport pre-bookings. For clarity it is noted that a pre-booking or an airport pre-booking is a booking that is made at least 60 minutes before the required time for the taxi.
      • You have a Direct Hotline for assistance when required. It may also be used for information and updates.It may also be used to make a booking, subject to availability, the event that the Lynk app or web booking platform indicates No Cars Available in an area where otherwise Lynk normally provides service.
      • As a Business Premium or Business Premium+ customer Yyou dowill not pay a Tech Fee per booking
      • Being a Premium customer and/or purcha sing 28 day taxi credit and/or agreeing to a minimum spend(where applicable) does not guarantee service or on-time service and no guarantee is given.
      • As a Premium Customer it is your responsibility to ensure that bookings placed by Web, App, phone or electronically are placed onyourPremium profile.
      • To be treated as a Premium Customer, you must:

        • select or nominate your Premium profile when making a booking and for payment of that booking.Lynk may accept a booking on a profile, other than your Premium profile, however, without notice to you, Premium service may not apply to the booking. If you have other accounts or profiles with Lynk these accounts or profiles will not be affected by the addition of a Premium Profile. Only the Premium profile will receive Premium status.
        • book from a postal address (not, for example, from the roadside). Lynk may accept a booking on a Premium account or profile from a location that is not a postal address, however, without notice to you, Premium status may not apply to the booking.
        • pre-book at least 60 minutes in advance. Lynk may accept a pre-booking on a Premium account or profile for a time that is less than 60 minutes in advance of the time the taxi is required, however, without notice to you, Premium status may not apply to the booking.
        • as a Personal Premium customer, have purchased 28 day taxi credit for the relevant period. Lynk may accept a pre-booking on a Premium account or profile even though the required 28 day taxi credit may not have been purchased for the relevant 28 day period or may not have been purchased on time or in full. However, without to you, Premium status may not apply to the booking.
      • The number of users permitted on a Premium profile is as follows:
        • Personal Premium : Single user
        • Business Premium : up to 10 users
        • Business Premium+ : Unlimited users
      • Lynk Premium introductory offers may be offered from time to time and may offer a reduced rate or discount for a period of time which may be unspecified (the Offer Period). After the Offer Period, standard rates will be charged without notice of the change.
      • A Personal Premium profile may be cancelled or suspended by Lynk without notice in the event that the required 28 day taxi credit has not been purchased is purchased late, or part purchased.
      • A Premium profile may be cancelled or suspended by Lynk immediately and without notice in the event that a driver or staff member makes a written complaint about you, of misbehavior or anti-social behaviour, perceived, threatened or actual physical or verbal abuse, breach of any law or regulation, non-compliance with these terms and conditions, non-payment, failed payment, partial payment or incomplete payment of a fare or fee, failure to respond or to travel or to be present when the taxi arrives, failure to pay a cancellation fee, non-cancellation of a taxi that is no longer required, incurring waiting time of more than 15 minutes without the agreement of the Driver, soiling or damaging the taxi, eating or drinking in the taxi without consent, creating and/or leaving an odor in the car.
      • In the event that a Personal Premium profile is cancelled immediately by Lynk during the 28 day period, no refund for any unused portion of the 28 day taxi credit will be made.
      • A Premium profile may be cancelled at will by the customer or by Lynk at any time without prior notice to the other party. Cancellation may be issued by email. Neither party shall have recourse to the other party.
      • In the event of cancellation of a Premium profile by Lynk or by you, you shall have no recourse to Lynk.
      • To cancel your Premium subscription simply email customerservice@Lynk.ie , at least 7 days before the end of your current Premium monthly cycle,and state your Premium profile or account number and request to haveyour subscription cancelled.
    • TIPS

      • If, as an app user paying by card, you tip your driver your tip will be calculated on the total charge including the fare, tolls, tech fee and any other additions to the fare.

1.6 Promotions

  • Enter promo code in your App. If valid you will have a reward saved onto your App that you can use any time before it expires.
  • You may only claim a reward when booking by mobile App and paying by card registered on the App. To use any reward or discount, whether published or not, register a valid credit card on your Lynk App. When booking a delivery select your payment option as card and select your reward. Your reward will be discounted at the end of your delivery.
  • If a charge is more than the value of the promotion or reward you must pay the difference and such difference will be billed to your registered card.
  • The value of the promotion or reward is a maximum value. There is no carry forward of any unused amount and no change will be given.
  • Only one promotion or reward can be used per booking.
  • First registration rewards, where applicable, are only valid for new customers and cannot be claimed by pre-existing customers.

1.7 Your obligations and warranties

  • You warrant that all of the details which you provide to us are complete and accurate in all cases.
  • You warrant that you are legally entitled and have any and all permissions to use the Product and Service regardless of how payment is made or who is paying for the service and in particular, but not exclusively, in relation to bookings paid by credit card and credit account.

1.8 Intellectual Property Rights

  • You hereby acknowledge and confirm that all intellectual property rights whatsoever relating to the Product throughout the world belong to Lynk and that you have no rights in, or to, the Product other than the limited right to use it in accordance with these Terms and Conditions.
  • You will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, reverse compile, disassemble, reverse engineer or distribute all or any portion of the Product in any form or media or by any means.

1.9 Data Protection

  • Lynk will collect and process your personal data in accordance with all relevant data protection laws and our Privacy Statement – https://www.lynk.ie/privacy-policy/
  • Lynk will share your personal details and documents with Insurers, Regulators, Gardaí and other official bodies as required.

1.10 Links to third party websites

  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.

1.11 Prohibited items (deliveries with or without passenger)

  • In addition to the prohibited items listed at Schedule 1, Lynk shall not carry any Dangerous Goods where “Dangerous Goods” means goods included in the list of dangerous goods as defined in the classification and labelling of dangerous substance regulations or legislation, together with any amendments thereto, or goods which present a comparable hazard.
  • In addition to the prohibited items listed at Schedule 1 and listed in the clause directly preceding this clause, Lynk does not carry parcels which require constant refrigeration. If Lynk is required to carry a product requiring refrigeration the product will not be accepted unless the delivery can be made within 20 minutes from the time the refrigerated goods have been out of refrigeration. Since Lynk has no control over this Lynk does not accept any responsibility in this regard and for clarity states that it is the responsibility of the sender to be certain that chilled products are not out of refrigeration for more than 20 minutes.
  • Lynk shall be entitled to charge, on behalf of the delivery person, costs for any parcels/goods rejected for delivery or incapable of delivery.
  • If you have any doubts about whether or not a particular parcel/good is valid for delivery please contact Lynk and we will provide you with further information.

1.12 Hold harmless and indemnity

  • You agree to hold harmless and indemnify Lynk, and its affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Service and/or Product and/or violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.
  • You agree to hold harmless and indemnify Lynk and its affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to the delivery of any goods whatsoever including but not limited to alcohol, including, but not limited to, an incorrect or inappropriate delivery, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.

1.13 The Product

  • The Product is provided on an “AS IS” basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.

1.14 Limitation of Liability

  • Lynk shall not be liable for any loss or damage if and to the extent that such loss or damage caused by any cause or event which was unavoidable and the consequences of which Lynk was unable to prevent by the exercise of reasonable care and diligence.
  • Lynk will accept no liability for loss or damage beyond the value of the delivery service or the value of the taxi fare or price of delivery.
  • Lynk will accept no liability for loss or damage or for any claims, actions or demands resulting from any delivery or taxi journey to an incorrect address, or an incorrect person, or an inappropriate person, regardless of how it occurred and regardless of the nature of the goods.
  • Lynk’ liability, in relation to goods carried, whether accompanied or not, howsoever arising and notwithstanding that the cause of any theft, loss or damage be explained or unexplained shall not exceed:
    • The replacement value of any goods or merchandise stolen, lost or damaged OR
    • The cost of delivery of the goods OR
    • €100.00 Whichever shall be the least. As such, we would encourage you to take out your own insurance cover if necessary.
  • Lynk’s liability, in relation to taxi journeys, howsoever arising and notwithstanding that the cause, loss or damage be explained or unexplained shall not exceed:
    • The taxi fare OR
    • €100.00 Whichever shall be the most.
  • In all cases you shall keep Lynk indemnified against all claims or demands made in excess of the amounts set out at clause 14.4 and 14.5 and in respect of any loss, damage or injury howsoever caused except if caused by the negligence of Lynk, its servants, agents or subcontractors.
  • Lynk shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences of unavailable service, delayed service or route deviation however caused.
  • Nothing in these Terms and Conditions shall exclude or limit Lynk’s liability for:
    • death or personal injury caused by its negligence;
    • fraud or fraudulent misrepresentation;
    • any other matter for which it would be illegal for Lynk to exclude or attempt to exclude liability.

1.15 Force Majeure Event

  • Lynk and the delivery drivers shall not be in breach of these Terms and Conditions for delay in performing or failure to perform, any of its obligations under these Terms and Conditions where such delay or failure results from events, circumstances or causes beyond its reasonable control. Should any circumstances existing at the time of the conclusion of our contract with you change in any material way, Lynk shall be entitled to withdraw from the contract.

1.16 General

  • All of the information you provide to Lynk will be taken in good faith.
  • All of your dealings with Lynk or Lynk delivery people will be honest and open dealings.
  • All Drivers on the Lynk App are self-employed or are employed by a third party but are not employees of Lynk and Lynk is in no way responsible for the actions or inactions of the driver at any time.
  • You accept and agree that many of the vehicles on the Lynk system contain CCTV and/or other recording devices. You may be filmed and/or recorded while in the vehicle. Lynk will not be held responsible for any recordings made while you are in a Lynk vehicle. Lynk be held responsible for any breach of GDPR by the driver.
  • You accept and agree that many of the vehicles on the Lynk system contain tracking devices which record journey routes. Lynk’s driver app, which is in all Lynk cars, also records journey routes.
  • Lynk does not make any warranties or guarantees of any kind.
  • Lynk does not and cannot guarantee the timely arrival at your destination and is not responsible for any loss whatsoever as a result of a late arrival at your destination.
  • Lynk does not offer any warranty or guarantee regarding the accuracy of any fare or price Estimate.
  • All bookings and/or rewards are subject to availability.
  • Be sure to read our full terms and conditions here and at Lynk.ie before using the Lynk Product or service and before availing of any rewards.
  • You declare that you are over 18 years of age unless Lynk has been otherwise informed.
  • From time to time you will be notified of various promotions or rewards via your Lynk App, via text or email. Terms and Conditions will be available to see at Lynk.ie
  • These Terms and Conditions shall be governed and construed in all respects by the laws of Ireland and the parties submit to the exclusive jurisdiction of the Irish Courts.
  • If any part of these Terms and Conditions are found to be disallowed, invalid, or are contradictory to the Terms and Conditions found on our website the remainder of the Terms and Conditions will remain valid.
  • Lynk reserves the right to amend these Terms and Conditions at any time. You should refer to the Terms and Conditions on our website from time to time. By continuing to use the Service you agree to be bound by these Terms and Conditions and any amended Terms and Conditions that may be published.

Contact Us

  • Our customer service contact details are as follows:

Phone number

Message our friendly staff

2. Lynk Driver Terms and Conditions (Inc. Wheelchair Accessible Vehicle (WAV) Drivers)

2.1 Scope of this section of the Terms and Conditions

  • There are two parties to these Terms and Conditions (“Terms and Conditions”):
    • Lynk

and

  • The independent Lynk Driver, Lynk Fleet Driver, Lynk Plate Driver [You, The independent Lynk Driver, Lynk Fleet Driver, Lynk Plate Driver, are the person who has registered on the Lynk driver app and carries Lynk’s passengers and other passengers and/or you are the person who has accepted into your possession items of equipment belonging to Lynk]
  • By registering on the Lynk app and/or by accepting items of equipment belonging to Lynk you agree that you are entering into agreement with Lynk and are bound by these Terms and Conditions.
  • You agree to contract electronically with Lynk. This means that when you click the button the Accept and/or OK button you are agreeing to all of the terms in these Terms and Conditions with the intent of entering into a binding Agreement with Lynk. In addition, Lynk may communicate with you by e-mail, by text message, e-messages on your e-devices, your printer and/or computer, by posting notices and/or by updating Lynk’s Terms and Conditions and publishing them on Lynk.ie or the Lynk Driver App or the Lynk Web Booker. You agree that all such notices, disclosures, updates and other e-communications that Lynk provides or sends to you or publishes electronically as described in this clause satisfy any legal requirement that such communications be in writing to you.
  • Costs associated with you maintaining your account with Lynk are your responsibility and are not included in the Service.
  • There is no partnership between you and Lynk and neither party is providing service to the other. We, you and Lynk, are jointly providing taxi service to Lynk’s customers.
  • Any breach of the Terms and Conditions will result in termination of agreement.
  • You indemnify Lynk against all costs, claims or demands associated in any way with your actions, inactions or negligence and/or associated in any way with the agreement.
  • Both parties have had the opportunity to take legal advice prior to entering into agreement.

2.2 Product

  • The “Product” is a driver application, a customer application, a web application, a telephone system, a dispatch system and ancillary systems that allows the customer to arrange the carrying of passengers or goods by independent Lynk drivers and the use of a depot service (where available) which can be used as a base for drivers and for passengers to get a taxi or to send, temporarily store, and receive parcels and allows for you to receive such bookings.

2.3 Phone Calls

2.4 Using Lynk As a Lynk Driver

  • You must register with Lynk, providing Lynk with accurate and up to date information further to which you shall be entitled to use the Product in accordance with these Terms and Conditions and all applicable laws, rules and regulations.
  • Once you have provided your details to Lynk we will contact you using the contact details that you provided to Lynk regarding your application.
  • You are not an employee of Lynk but rather are entering into an arrangement with Lynk whereby you will use the Product and/or the equipment and share the proceeds of the customer price or fare with Lynk (as described below).
  • Customers will make a booking through the app, website, other electronic means or by phone and you will collect the passenger or goods and electronically mark the job as completed on completion. You may nominate another person to carry out a booking on your behalf provided that person can show that they are legally entitled to drive the car being used for the booking. For the purposes ofregulatory and legal compliance, and forprocessing and tracking, you must inform Lynk of the arrangement and you must ensure that the substitute driver is registered with Lynkand with the NTA.
  • When active on the app, you should update the status of your availability to be seen as an available driver.
  • You agree and accept that your photo, or a copy of your photo,taken live, or copied from your licence or copied from the Driver Check Appwill be published on the Lynk passenger app.
  • You acknowledge that under these Terms and Conditions you are not permitted to display the branding of any other service.
  • Lynk is under no obligation to provide you with a minimum amount of booking request options. You are not required to accept any booking requests nor are you required to complete a minimum amount of bookings in any given month or year.
  • You are not required to be available during any particular hours of business nor are you required to be available for any minimum period of hours in a given month or year. You may choose to be available or unavailable at any time and for any period of time that suits you, within the bounds of the law.
  • Service hours will be 24/7/365. These service hours are subject to change at Lynk’s discretion without prior notice to you.

2.5 Payment and Charges

  • The customer may pay for bookings by cash, card, electronically and/or on account. Customers may pay in-car or they may pay directly to Lynk. You agree to accept all Regulated forms pf payment.
  • There is no VAT on a taxi fare.
  • You agree to pay weekly Freight, where “Freight” means the weekly money paid by you to Lynk. Freight is Lynk’s share of the taxi fares paid by Lynk’s customers or clients regarding the bookings dispatched to you. Freight may vary from driver to driver and/or from fare to fare. Freight is due to be paid by Monday 5pm.
  • Freight may be a variable periodic amount or a fixed periodic amount being an averaged percentage split of the fares and then fixed for convenience and security. Freight may be a percentage of each fare (sometimes called commission or percentage) a fixed value per fare ([sometimes called pay-per-job or PPJ or booking feeor hospitality charge (‘hospitality’ refers to bookings from clients such as hotels, restaurants, bars, social establishments, clubs)],) or any combination of these amounts.
  • Full Freight is the highest level of Freight required by Lynk to be paid by the driver on a weekly basis.
  • In the case of a fleet package or fleet agreement, where Lynk has provided you with additional SPSV items essential to the operation of a taxi, up to and including a complete taxi, Freight is charged at a higher rate than owner driver Freight due to additional items supplied to you and this is known as Fleet Freight.
  • You agree to reimburse Lynk for any costs directly associated with doing business with you and you accept that Lynk may deduct such amounts from your account.
  • You agree to pay any Freight Charges applied to your account or to completed bookings and you accept that Lynk may deduct such amounts from your account.
  • Freight Charges, as described below, may be applied to your account as line items or may be deducted at source. Charges are applied as follows:
    • Freight is charged as a line item – Lynk’s share of the fare
    • Commission or percentage Freight is charged as a line item – Lynk’s share of the fare
    • Pay-Per-Job, PPJ, booking fee Freight is deducted from the fare before the fare is applied to your account – Lynk’s share of the fare
    • Miscellaneous reimbursement charges are applied as line items, for example but not limited to, the cost of repairs for damage occurring to equipment provided to you by Lynk and for which no third party has accepted liability, toll charges (such items are passed on to you at costor at average cost).
  • Lynk may, from time to time and with notice to you in the form or a text or email or both, apply Freight charges or adjustments to Freight charges to you or your account and you agree to accept these changes or adjustments.
  • You agree to pay and Lynk has the right to deduct any monies owed to it, and appearing on your account, from your weekly account of bookings completed.
  • You agree to settle your account with Lynk on a weekly basis and on time.
  • Lynk agrees to settle your account and pay over any monies due to you on a weekly basis.
  • If Lynk fails to dispatch bookings to you in any week Lynk has no right to charge you Freight for that week.

2.6. Intellectual Property Rights

  • You hereby acknowledge and confirm that all intellectual property rights whatsoever relating to the Product throughout the world belong to Lynk and that you have no rights in, or to the Product other than the limited right to use it in accordance with these Terms and Conditions.
  • You will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, reverse compile, disassemble, reverse engineer or distribute all or any portion of the Product in any form or media or by any means.

2.7 Data Protection

  • Lynk will collect and process your personal data in accordance with all relevant data protection laws and our Privacy Statement – https://www.lynk.ie/privacy-policy/.
  • To the extent that you process customer personal data you warrant and represent that you will comply with all relevant data protection laws and standards no lower than those set out in our Privacy Statement – https://www.lynk.ie/privacy-policy/.

2.8 Links to Third Party Websites

  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.

2.9 Prohibited Items In a Taxi

  • There is a list of prohibited items set out in Appendix 1. If you become aware that the parcels/goods which you have been asked to carry or deliver, accompanied or unaccompanied, contains one or more of the prohibited items you should refuse to collect and deliver this item.
  • In addition to the prohibited items listed at Schedule 1, you shall not carry or deliver any Dangerous Goods where “Dangerous Goods” means goods included in the list of dangerous goods as defined in the classification and labelling of dangerous substance regulations or legislation, together with any amendments thereto, or goods which present a comparable hazard.
  • In addition to the prohibited items listed at Schedule 1 and clause 9.2 above, Lynk does not carry or deliver parcels which require constant refrigeration. If you are required to carry or deliver a product requiring refrigeration the product should not be accepted unless the delivery can be made within 20 minutes from the time the refrigerated goods have been out of refrigeration. Since Lynk has no control over this Lynk does not accept any responsibility in this regard and for clarity states that it is the responsibility of the sender to be certain that chilled products are not out of refrigeration for more than 20 minutes.
  • If you have any doubts about whether or not a particular parcel/good is valid for delivery please contact Lynk and we will provide you with further information.

2.10 Your Obligations

  • You agree that it is your responsibility and you warrant and represent that you will at all times maintain the required training, clearances, licenses, insurance including but not limited to driving license, SPSV licences, SPSV Insurance, tax clearance, training and/or certification (which includes, but is not limited to, training and/or certification in the use of in-vehicle wheelchair restraint systems if you are driving a wheelchair accessible vehicle) for operating your vehicle (which includes any vehicle supplied by Lynk) in accordance with these terms and conditions and any applicable government regulations, rules or requirements. In the event that you are asked to provide evidence of such licenses, insurance, taxes, approvals, training and/or certification you will do so within 24 hours.
  • You shall at all times provide us with accurate personal information and notify us if your personal information needs to be updated or amended.
  • You acknowledge that Lynk is the owner, at all times, of all equipment supplied to you to facilitate a smooth SPSV operation. You also agree to return all of the equipment, clean and in working order, within 3 (three) days of termination of your agreement with Lynk by either party except in the case where Lynk has supplied a vehicle package to you under a Fleet agreement (which shall mean for these Terms and Conditions an agreement whereby Lynk supplies to you a vehicle or vehicle package which include equipment belonging to Lynk whether registered in Lynk’s name or not or insurance provided by Lynk whether in Lynk’s name or not) in which case the equipment must be returned immediately.
  • You shall keep your access details (username, password etc.) safe and confidential and shall not disclose them to a third party or permit a third party to use your Lynk account. It is your sole responsibility to maintain the security and confidentiality of your account is and must inform us as soon as possible if you suspect that there has been unauthorised access to your account.
  • You agree that if you have CCTV or any other recording device in your car that your car will carry an appropriate notice inside and outside (both sides) your car advising passengers that this is the case and you agree that you will use any recording device only in compliance with GDPR Regulations.
    • If your CCTV or recording device is manually operated you agree to inform passengers of your intention to activate the recording device before doing so
    • You agree to indemnify Lynk against all claims, actions and/or demands resulting from your use of any CCTV or recording device in your car.

2.11 Wheelchair Accessible Vehicles

You agree to ensure the following:

  • Wheelchair users who are capable of transferring to a car seat and wish to do so may do so if they wish.
  • Wheelchair users who wish to or must remain in their wheelchair for the journey will be positioned in a forward or rear facing position, never sideways or at an angle.
  • Wheelchair users will be brought to their designated appointment area or destination. When bringing a wheelchair bound passenger to a clinic/hospital you will verify that the passenger is in the correct appointment area/ward before leaving.
  • You will ensure that all of the tie-points of the WAV restraint systems are properly secured to secure all wheelchairs and wheelchair bound passengers during transport.
  • The passenger will be safely restrained using the passenger restraints.
  • Lap, chest and/or other straps restraining the passenger are not wheelchair restraints and will not be used as such.
  • Unoccupied wheelchairs will be safely stowed.
  • Wheelchairs will have their brakes applied, and in the case of powered wheelchairs their units will be switched off during vehicle movement. Powered wheelchairs will never be left in free wheel mode.
  • Wheelchair accessories will always be removed and safely stowed, as they could pose a risk of injury to the wheelchair user or other passengers.
  • Driver Declaration and Indemnity: As a wheelchair accessible vehicle (WAV) operator you state that you have been adequately trained in the use of wheelchair and passenger restraint systems. You acknowledge and accept that as a WAV operator that it is your responsibility to ensure that you have adequate WAV wheelchair and passenger restraint systems training. You accept that you are entirely responsible for your actions and/or inactions or negligence. You acknowledge that it is your responsibility to ensure your own health and safety and the health and safety of passengers in all circumstances and you indemnify NET Global Taxis Ltd trading as Lynk against all claims, actions and/or demands resulting from your actions or inactions, abilities or inabilities and negligence.

2.12 Hold Harmless and Indemnity

  • You agree to hold harmless and indemnify Lynk, and its affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Product and/or these Terms and Conditions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.
  • It is your responsibility to be qualified, competent and capable to carry out all tasks and you personally indemnify Lynk in this regard.
  • You agree to hold harmless and indemnify Lynk and its affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to the carrying of a passenger, goods or luggage or the delivery of any goods whatsoever including but not limited to alcohol, including, but not limited to, an incorrect or inappropriate delivery, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.

2.13 Limitation Of Liability

  • All of the clauses under of the LIMITATION OF LIABILITY clause relating to Lynk Delivery-Person Terms and Conditions above apply to this LIMITATION OF LIABILITY clause and must be read in conjunction with this clause.
  • 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 a driver’s use of the Product or application or the Lynk website or the services provided by Lynk, even if Lynk has been advised of the possibility of such damages.
  • Lynk shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences of delay or deviation however caused.
  • Lynk will accept no liability for loss or damage or for any claims, actions or demands resulting from any passenger drop-off or delivery to an incorrect address, or an incorrect person, or an inappropriate person, regardless of how it occurred and regardless of the nature of the goods or passenger and you indemnify Lynk in this regard.
  • Nothing in these Terms and Conditions shall exclude or limit Lynk’ liability for:
    • death or personal injury caused by its negligence;
    • fraud or fraudulent misrepresentation;
    • any other matter for which it would be illegal for Lynk to exclude or attempt to exclude liability.

2.14 Customer Ratings

  • You acknowledge that part of the Product involves customers providing ratings as to your performance of the collection and delivery of the parcel/goods. Lynk takes no responsibility for the contents of such reviews and the reviews do not reflect the opinion of Lynk.
  • Customer ratings may be published on the app and on the website for other customers to view where they are at the point of booking.

2.15 The Product

  • The Product is provided on an “AS IS” basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.

2.16 Termination

  • Either party may terminate the agreement and/or the relationship between the parties at any time for any or no reason and with or without notice.
  • The relationship and/or the agreement between the parties shall terminate automatically and without the requirement of notice where you lose your licence or have more than 9 points on your licence, do not hold up to date and/or appropriate insurance or tax clearance or are no longer authorised to operate your vehicle for any other reason.
  • Lynk may suspend or terminate your access to the Product at any time without notice if:
    • You commit a material breach of your obligations arising under these Terms and Conditions and/or under any applicable law, rule or regulation;
    • You fail to pay the appropriate amount to Lynk when due; or
    • Where you fail to collect and deliver a passengers or any goods after having accepted a booking.

2.17 Force Majeure

  • Lynk shall not be in breach of these Terms and Conditions for delay in performing or failure to perform, any of its obligations under these Terms and Conditions where such delay or failure results from events, circumstances or causes beyond its reasonable control. Should any circumstances existing at the time of the conclusion of our agreement with you change in any material way, Lynk shall be entitled to withdraw from the agreement.

2.18 General

  • All of the information you provide to Lynk will be taken in good faith.
  • All of your dealings with Lynk or customers will be open and honest dealings.
  • Lynk does not make any warranties or guarantees of any kind.
  • These Terms and Conditions shall be governed and construed in all respects by the laws of Ireland and the parties submit to the exclusive jurisdiction of the Irish Courts.
  • If any part of these Terms and Conditions are found to be disallowed, invalid, or are contradictory to the Terms and Conditions found on our website the remainder of the Terms and Conditions will remain valid.
  • Lynk reserves the right to amend these Terms and Conditions at any time. You should refer to the Terms and Conditions on our website from time to time. By continuing to use the Product you agree to be bound by these Terms and Conditions and any amended Terms and Conditions that may be published.

3. Lynk Applications (Apps) EULA - End User License Agreement

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS APP STORE OR USING THE APP AND BEFORE USING THE APP.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and NET Global Taxis Ltd trading as Lynk (Lynk) (us, we or our, as applicable) for:

  • The Lynk mobile application software and all data and content supplied with the software (App); and
  • all accompanying electronic documents, including those made available online, supplied in connection with the App (Documents).

We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by the application e-store provider or operator (App Store) from whose site or platform you downloaded the App (App Store Rules). If there is any inconsistency or conflict between the terms of this EULA and those of the App Store Rules, the terms of the App Store Rues will prevail. We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

We may provide a number of services that are accessible through the App (Services) and our Terms of Use and Privacy Policy, together with the terms of this EULA, will govern your use of those Services (collectively, the Terms).

OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES THE FOLLOWING DEVICES WITH INTERNET ACCCSS FOR THE APP TO OPERATE:

  • AN APPLE IPHONE 5S OR ABOVE RUNNING iOS VERSION 8.1 OR ABOVE TO OPERATE THE iOS VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE APPLE APP STORE;
  • A MOBILE PHONE RUNNING ANDROID VERSION 4.4 OR ABOVE TO OPERATE THE ANDRIOD VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE GOOGLE PLAY STORE; AND
  • A MOBILE PHONE RUNNING WINDOWS 10 MOBILE TO OPERATE THE WINDOWS PHONE VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE MICROSOFT STORE.

IMPORTANT NOTICE:

  • BY DOWNLOADING THE APP FROM THE APP STORE OR USING THE APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. THE TERMS INCLUDE, IN PARTICULAR, THOSE IN THIS EULA, OUR TERMS OF USE AND OUR PRIVACY POLICY AND THE LIMITATIONS ON LIABILITY SET OUT IN CONDITION 6 OF THIS EULA.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD OR USE THE APP.

You should print or save a copy of this EULA for future reference.

Agreed terms

3.1 Acknowledgements

  • The terms of this EULA apply to the App and the Services, including any updates or supplements to the App or the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
  • We may change these terms at any time by sending you an email or SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you do not wish to accept the new terms you must delete the App from your device(s).
  • From time to time updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
  • You will be assumed to own the mobile telephone or handheld devices on which you download and install a copy of the App (or, if you do not own but control such device, that you have obtained permission from the owners) (Devices). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
  • The terms of our Privacy Policy from time to time, available at www.lynk.ie are incorporated into this EULA by reference and apply to the Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  • By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
  • The Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings from your Device.
  • The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
  • In relation to the iOS version of the App, we and you acknowledge that NET Global Taxis Ltd, and not Apple Inc, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

3.2 Grant and scope of License

  • In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, our Terms of Use, our Privacy Policy and the App Store Rules, incorporated into this EULA by reference. We reserve all other rights.
  • You may:
    • Download a copy of the App onto 5 Devices (or the number of Devices permitted by the App Store Rules, if greater) and to view, use and display the App on the Devices for your personal purposes only; and
    • Use the Documents for your personal purposes only.
  • Certain software components of the App may be subject to ‘open source’ or ‘free software’ licences (OS Components), which may mean that, as a condition of distribution of the software licensed under such licence, the distributor may be required to make the software available in source code format. The terms of this EULA do not apply to the OS Components which instead are licensed under the terms of the end user licence that accompanies such OS Components. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user licence for the OS Components.

3.3 Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

  • Not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
  • Not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
  • Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
    • is used only for the purpose of achieving inter-operability of the App with another software program;
    • is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    • is not used to create any software that is substantially similar to the App;
  • To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
  • To include our copyright notice on all entire and partial copies you make of the App on any medium;
  • Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

Together, the Licence Restrictions.

3.4 Acceptable use restrictions

You must:

  • Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Services or any operating system;
  • Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,

Together, the Acceptable Use Restrictions.

3.5 Intellectual Property Rights

You must:

  • You acknowledge that all intellectual property rights in the App, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
  • You acknowledge that you have no right to have access to the App in source-code form.

3.6. Promises, Disclaimer and Limitation of liability

You must:

  • You promise to us that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to reimburse us in full for any losses or liabilities we suffer or incur (including reasonable legal fees) as a result of any breach by you of your obligations in this EULA, including but not limited to any breach by you of the Licence Restrictions, Acceptable Use Restrictions and/or Terms of Use.
  • We both acknowledge that as Lynk and the App Store, we (and not the App Store) are solely responsible for:
    • Addressing any valid claims made by you or a third party in relation to the App or your use of it; and (ii) for the investigation, defense, settlement and discharge of any valid claim for intellectual property infringement by a third party, in each case to the extent such responsibilities are not disclaimed under the terms of this EULA.
  • You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN RELATION TO THE iOS VERSION OF THE APP, APPLE INC WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP AND, TO THE EXTENT THAT THEY ARE NOT EXCLUDED UNDER THE TERMS OF THIS EULA AND THE TERMS OF USE, WE SHALL BE SOLELY RESPONSIBLE FOR ANY OTHER CLAIMS LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. IN PARTICULAR, APPLE INC WILL HAVE NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP.
  • THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL PROMISES, WARRANTIES, CONDITIONS, OR REPRESENTATIONS RELATING TO THE APP AND THE SERVICES AND THE CONTENT AVAILABLE THROUGH THEM, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN. IN PARTICULAR WE DO NOT MAKE ANY PROMISES AS TO THE TRUTH, ACCURACY, INTEGRITY, QUALITY OR COMPLETENESS OF THE CONTENT OR INFORMATION THAT APPEARS ON THE APP AND YOU SHOULD NOT RELY ON IT BEING ACCURATE, TRUTHFUL OR COMPLETE.
  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS RESULTING FROM YOUR USE OF THE APP AND DOCUMENTS. WE ONLY SUPPLY THE APP AND DOCUMENTS FOR YOUR PRIVATE USE AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR LIABILITIES RELATING TO YOUR USE OF OR RELIANCE ON THE APP OR YOUR INABILITY TO ACCESS OR USE THE APP.
  • NOTHING IN THIS EULA SHALL AFFECT OR REDUCE YOUR RIGHTS AS A CONSUMER UNDER APPLICABLE LAW OR TO LIMIT OR EXCLUDE OUR LIABILITY FOR:
    • DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;
    • FRAUD OR FRAUDULENT MISREPRESENTATION; AND
    • ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
  • EXCEPT AS SET OUT ABOVE IN THIS CONDITION 6, OUR TOTAL LIABILITY IN CONNECTION WITH THIS EULA AND OUR TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO ONE HUNDRED EURO(€100).
  • IN THE EVENT OF ANY FAILURE OF THE iOS VERSION OF THE APP TO CONFORM TO ANY WARRANTY PROVIDED BY US UNDER THIS EULA, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP TO YOU IF YOU HAVE PURCHASED THE APP FROM THE APPLE APP STORE.

3.7 Termination

We may terminate this EULA immediately by written notice to you:

  • We may terminate this EULA immediately by written notice to you:
    • if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
    • if you breach any of the Licence Restrictions, the Acceptable Use Restrictions or our Terms of Use; or
    • if we withdraw the App from the App Store or cease to provide the Services for any reason.
  • On termination for any reason:
    • All rights granted to you under this EULA shall cease;
    • You must immediately cease all activities authorised by this EULA, including your use of the Services; and
    • You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

3.8 Communication between us

  • If you wish to contact us in writing (including in relation to any questions, complaints or claims), or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail (customercare@lynk.ie) or by prepaid post to Lynk at Lynk Taxis, Unit 21 Parkmore Industrial Estate Dublin 12. We will confirm receipt of this by contacting you in writing, normally by e-mail.
  • If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

3.9 Events outside our control

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
  • If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
    • Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
    • We will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

3.10 Other important terms

  • We both acknowledge and agree that, in respect of the iOS version of the App, Apple Inc and its subsidiaries are third party beneficiaries of this EULA, and that, upon your acceptance of this EULA, each of them will have the right (and will be deemed to have accepted the right) to enforce these terms of this EULA against you as a third party beneficiary. Except as provided in this condition 10.1, this EULA does not create any right enforceable by any person who is not a party to it.
  • We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
  • You may only transfer your rights or obligations under this EULA to another person if we agree in writing
  • If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

LYNK- TERMS OF USE

SECTION A: INTRODUCTION AND PRELIMINARY TERMS

This section contains information about the Lynk platform and the App and Lynk Services through which we make the platform available to you. It also explains the relationship between Users and Operators and our relationship to them. We describe in this section how to access the Services using the App and provide a link to our Privacy Policy. Our Privacy Policy describes the personal information we collect from you when using the Services and App and the purposes for which we use that information.

Welcome

  • These Term of Use apply to your use of the services Lynk (we, you or us, as applicable) provide to you through the mobile software application that we make available for download (App) from certain third party retailers (App Stores). For further information about us and our contact details, please see the Contact us section at the end of this page
  • The terms and conditions of the software licence of the App are set out in our End User Licence agreement (EULA) and together, with these Terms of Use and our Privacy Policy (collectively the Terms), govern the services you access and use through the App (Lynk Services). They all form part of our agreement with you so please take the time to read them.
  • To make these terms and conditions quicker to read, we use a few definitions. We refer to users that have registered an account to use Lynk Services via the App as Users, to the third party operators of licensed private hire vehicles that Users can book using the App as Operators, to the transportation services provided by Operators as Transportation Services, to the booking a User makes for Transportation Services using the App as Bookings and to the electronic mobile device that a User uses to run the App as a Device.
  • These Terms of Use are organised into three sections. Those terms and conditions in Section B apply specifically to Users that make a Booking. Those in this Section A and in Section C apply to all Users.
  • You will see that each section of these Terms begins with a ‘highlight’ text box which summarises the key terms in that section. These highlights are an informal summary and do not form part of these Terms or any of the contracts made between us.
  • Please read these Terms carefully before you download the App, start to use the Lynk Services or make a Booking, as these will apply to your use of the App and the Lynk Services available through it. In particular, please read the terms relating to the limitations of our liability to you below in Promises, liability and disclaimer under paragraph 18, before making Booking.
  • By using our App and the Lynk Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, you should not use the App or the Lynk Services.
  • We may revise these Terms of Use and our Privacy Policy from time to time in accordance with the provisions under ‘Changes to these Terms of Use’ in Section C so please check these Terms regularly to ensure you understand the Terms which will apply at that time you make a Booking. These Terms of Use were most recently updated on the date of posting that appears at the top of this page.
  • If you have any queries or concerns regarding these Terms or require any technical assistance in relation to the App, please contact us at customercare@lynk.ie.

The Lynk platform and our role

  • We provide a platform, comprising the App and Lynk Services, which allows Users to obtain fare estimates and book Transportation Services with Operators from their Device using the App. Accordingly, our role is to facilitate Bookings and transactions between Users and Operators through provision of the App and Lynk Services. We are not an agent of the Operators and we have no continuing authority to negotiate, deal with, manage, conduct or conclude any Bookings for, or the sale or purchase of, Transportation Services on behalf of Operators.
  • We are not involved in, and bear no responsibility for, the actual transactions between Users Operators. The contract for the provision of Transportation Services is made directly between the User and the Operator (Contract).
  • Whilst we may provide relevant information from the Operator as part of our Services (e.g. price estimates), such information is for information only. We have no control over, and are not in any way responsible for, the existence, quality, safety or legality of the Transportation Services advertised. Users should select and satisfy themselves as to the most appropriate Booking for their needs and we do not provide any suggestion, advice, recommendation or guidance as to the appropriate Booking or Transportation Services requirements for a User.
  • The responsibility for compliance and enforcement of all obligations under the Contract is between the User and the Operator.
  • If a User chooses to pay for a Booking using the App, we will process those payments and payment will be passed directly to the relevant Operators on the User’s behalf in accordance with these Terms.

Accessing and using the Lynk Services

  • To use the Lynk Services or make a Booking you must be 18 years of age or older and:
    • Download the App from an App Store and install it on a compatible Device that has an internet connection. For further details regarding the devices supported by the App, please visit our website at www.Lynk.ie; and
    • Register for the Lynk Services by creating an account using the App.
  • We try to make the Lynk Services available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
  • You must make sure that all the information you provide when registering an account and making a Booking is true, accurate, current and complete.
  • If you change any of your registration details (e.g. name, email address or postal address) you must promptly update your account.
  • To help us maintain the security of the Lynk Services, you must keep your registration and login details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email at customercare@lynk.ie.
  • If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your registration and/or access to the Lynk Services including access to your account.
  • You can close your account at any time. If you would like to do so, please contact us by email at customercare@lynk.ie.
  • We reserve the right to delete your account and any personal data or other information associated with your use of the Lynk Services if there is no activity on your account for more than 24 consecutive months.

Your privacy

  • We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.
  • We may send service notifications and other messages to you via the inbox feature within the App or, where you agree, using push notifications.

SECTION B: MAKING A BOOKING

This section explains the contractual process for making a Booking for Transportation Services and details of how you can cancel a Booking.

Booking a journey

  • You may request at any time a Booking for immediate travel or booking for a time or date in the future. Please see the provisions below in this Section B for step-by-step instructions on how to make a Booking.
  • We may make changes to the Lynk Services at any time but will make every effort to ensure that these do not substantially and adversely affect your use of those services.

Booking requirements

  • To make a Booking you must first login to your account using the App and must have the means of payment and sufficient funds to pay the final fare.

Making a Contract with Operators for the Transportation Services

  • Your Booking request is an offer to buy from the relevant Operator. When you are making a Booking, the following steps have to take place before a Contract is made between you and that Operator:
    • after selecting or inputting your pick-up and drop off locations, you will be presented with a fare estimate for your journey together with details of the Operator that will fulfil your Booking, including their contact telephone number. Before making your Booking request, you will be given the opportunity to review and, if necessary, to change your selected journey details.
    • You make your Booking request by pressing ‘Book Now’.
    • You will see an on-screen acknowledgement that your Booking request has been made.
    • The Operator accepts your order at the time you receive an email confirming your Booking (Confirmation Email). Accordingly, nothing that we or an Operator says or does will amount to any acceptance of your offer until you receive a Confirmation Email, at which point a Contract will be made between you and the Operator unless, prior to sending that email, we or the Operator notifies you that your Booking has not been accepted (see paragraph 8.1 below). We keep a record of your Booking history which you can view by logging-in to your account on the App. Your Booking and the provision of the Transportation Services will incorporate the terms and conditions of the applicable Operator allocated to fulfil your Booking. Please contact the individual Operator for details by using the contact telephone number and email address for that Operator in your Confirmation Email.

Refusal of your Booking request

  • Your Booking may be refused at the Operator’s sole discretion, including if the Operator has no cars available or if the User requesting the Booking has been blacklisted due to previous inappropriate behaviour.

Accessibility requirements

  • If you would like the vehicles you book to be accessible by wheelchair by default, please turn this feature on using the settings options within the App.
  • Unless agreed in advance with an Operator, child seats will not be provided for your journey. If you are travelling with any minors, you will be solely responsible for fitting and removing any child seat in a vehicle.

Substitute Operators

  • In the unlikely event the Operator allocated to your Booking is unable to fulfil your booking after you have submitted your Booking request, we may endeavor to find an alternative Operator to fulfil your Booking. We will inform you of the change of Operator using the contact information you have provided to us.

Fare estimates and payment

  • The fare estimates for your journey quoted on the App are in Euro.
  • The period during which you can make a Booking based on the fare estimate presented to you varies due to factors including the particular Operator allocated to your journey, the time of day, the date, your journey details and the availability of cars. Consequently, we cannot guarantee that any quoted fare estimate will be active for any period of time.
  • The fare estimate quoted is not a fixed price and your actual fare will be calculated using the meter rate of the applicable Operator together with any initial pickup charge. Fare estimates exclude any extras services such as waiting time, parking or unscheduled stops. If available, extra services may be requested directly from the Operator and, if agreed, will be subject to their terms and conditions and may be subject to the payment of additional fees.
  • Operators currently accept payment by cash or if paying electronically using the App by debit card and via the following credit/charge cards: Visa, MasterCard and American Express. When making a Booking, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to make the Booking.
  • All charges for Bookings are payable after the completion of your journey. If you have chosen to pay electronically, payment for the charges, together with any auto-tip you have pre-selected (see Tips under paragraph 12) will be taken from your chosen payment method automatically after your journey has completed.
  • Secure Customer Authentication (SCA): If you chose to pay by card, under SCA banking rules your bank will preauthorise payment of the estimated cost of your fare. This preauthorised amount will be held secure (ring-fenced) by your bank until your journey is completed at which point the preauthorised amount will be released by your bank to pay for your fare, taking into account any adjustments up or down. You cannot remove your card as a payment method or change the payment method during this period and until your journey is complete or until you cancel your journey. If you choose to cancel your journey the preauthorised amount will be released by your bank between one hour and 7 days after the cancellation, depending on your bank. Some banks release your funds faster than others.

Tips

  • If you would like to tip the driver for your journey you may do so in cash at the end of your journey or by turning on the ‘auto-tip’ feature within the settings of the App and selecting the tip percentage (e.g. 10%).
  • If you turn on the auto-tip’ feature, until you turn the feature off, the payment taken using your electronic payment method at the end of every journey will include an additional amount for a tip that is equal to the percentage of the final fare that you selected at the time you turned that feature on.

Cancelling your Booking

  • If you would like to cancel your Booking, you can do so using the relevant option within the App or by contacting the applicable Operator by telephone directly.
  • You may cancel your Booking without charge at any time prior to dispatch of the vehicle by the applicable Operator.
  • If you wish to cancel your Booking after your vehicle has been dispatched a cancellation charge may apply. The cancellation charge will be based on the standard rates of the applicable Operator but will not exceed €10 euro five EURO (€5) except in relation to airport pickups where the cancellation charges may be more. Please check the terms and conditions of service for the applicable Operator before making your Booking.
  • If you have chosen to pay for the Transportation Services using an electronic payment method, payment of your cancellation charge will be taken automatically using that method and a receipt will be provided to you by email.

Contacting your driver

  • If you have any difficulty locating your driver after making a Booking or if your driver does not arrive at the pick-up location, please contact the relevant Operator directly using the contact details provided within the App. Please quote your Booking reference number for your journey included in your Confirmation Email or provide the journey time and your full name.

Refunds and disputes with Operators

  • Any refund requests should be made directly to the applicable Operator using the contact details provided in the App and/or relevant Confirmation Email. We are not responsible for managing or obtaining refunds on your behalf.
  • Should a dispute arise between a User and Operator they should use their best efforts to resolve that dispute between them and all complaints and queries with respect to a Booking should be directed to the other party involved. We have no obligation to mediate between you and an Operator or to enforce any Contract.

SECTION C: GENERAL PROVISIONS

This section sets out the terms that apply to all Users, including terms setting out the exclusions and limitations of our liability to you. We also set out the rules regarding the use of our content and the submission your content.

Your content

  • Any content that you submit to us using the App such as any text or your profile picture for your account is generally known as ‘user generated content’ or UGC and is owned by you.
  • You promise to us that all your UGC:
    • Is accurate, true and up-to-date in all respects at all times and is not misleading in any way;
    • Is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person;
    • Does not contain any personal information relating to any person other than you. Personal information is any information that could potentially identify an individual such their name, email address, or a photograph of them;
    • Is owned by you or you have permission to use the UGC and information by the owner.
  • You permit us to share your UGC with Operators to the extent they may reasonably require your UGC to provide you with the Transportation Services. The use of any personal information contained within your UGC shared with an Operator will be dealt with in accordance with their privacy policy. Please contact the relevant Operator directly using the contact information provided for further details regarding their privacy policy.

Our content

  • ‘Our Content’ means any information, data or other material found on or via the App or Lynk Services, including without limitation text, databases, graphics, videos, software and all other features found on or via the App or Lynk Services (excluding any UGC).
  • Our Content including but not limited to text, images, brand names and logos is owned by us or our licensors and is protected by Irish and international copyright and other intellectual property laws.
  • The trade marks appearing on the App and the Lynk Services including ‘Lynk’ and the Lynk logo are owned by us or our licensors. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.
  • You may not use any Lynk Content without prior written permission from us. In particular, you must not in any circumstances:
    • Remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within Our Content;
    • Breach or circumvent any laws, third party rights or our policies;
    • Copy, adapt, vary, distribute, edit, modify, translate, transpose or permanently store outside the App, in part or in whole, any of Our Content.
    • Use Our Content to compile a database of, or re-create the whole or substantial part of that content by making repeated and systematic copies of insubstantial parts of, any of that content;
    • Alter, modify or circumvent, or attempt to circumvent, any copy protection and/or digital rights management measures within the App or its content;
    • Use the App or Lynk Services or its content in such a way that breaks the terms of the EULA or for any illegal purpose. In particular, you will not interfere with or disrupt the Lynk Services or servers or networks connected to the App or Lynk Services, or disobey any requirements, procedures, policies or regulations of networks connected to them; or
    • Sublicense, sell or rent access to the App or Lynk Services or Our Content.
  • You shall not carry out data mining, screen scraping or crawling of the Lynk Services or any content made available through them or use any process or processes that sends automated queries to the Lynk Services unless you have obtained our prior written consent.

Promises, liability and disclaimer

  • THE LYNK SERVICES ARE PROVIDED TO YOU AND ALL USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL PROMISES, WARRANTIES, CONDITIONS, OR REPRESENTATIONS RELATING TO THE LYNK SERVICES AND THE CONTENT AVAILABLE THROUGH THEM, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN. IN PARTICULAR WE DO NOT MAKE ANY PROMISES AS TO THE TRUTH, ACCURACY, INTEGRITY, QUALITY OR COMPLETENESS OF THE CONTENT OR INFORMATION PROVIDED BY THE LYNK SERVICES AND YOU SHOULD NOT RELY ON IT BEING ACCURATE, TRUTHFUL OR COMPLETE.
  • YOU AGREE THAT YOUR ACCESS AND USE OF THE LYNK SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT HAVE ANY KNOWLEDGE OF, OR CONTROL OVER, THE PARTICULAR PURPOSES FOR WHICH THE INFORMATION AND CONTENT AVAILABLE THROUGH THOSE SERVICES IS USED. THE CONTENT AND INFORMATION THAT WE MAKE AVAILABLE BY THE LYNK SERVICES IS PROVIDED FOR INFORMATION ONLY. ACCORDINGLY, WE EXCLUDE ANY AND ALL LIABILITY FOR ANY LOSS OF ANY NATURE SUFFERED BY YOU AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF ANY OF THE INFORMATION OR CONTENT AVAILABLE BY THE LYNK SERVICES OR OF MAKING ANY DECISION, OR REFRAINING FROM MAKING ANY SUCH DECISION, BASED WHOLLY OR PARTLY ON ANY EXPRESSION OF OPINION, STATEMENT OR OTHER INFORMATION CONTAINED IN THE CONTENT AVAILABLE BY THE LYNK SERVICES.
  • BY USING THE LYNK SERVICES YOU ACKNOWLEDGE AND ACCEPT THE INHERENT RISKS, CHARACTERISTICS AND LIMITATIONS OF THE INTERNET, PARTICULARLY IN TERMS OF TECHNICAL PERFORMANCE OF THE LYNK SERVICES, RESPONSE TIMES TO VIEW, VERIFY OR TRANSFER INFORMATION AND THE RISKS INHERENT IN ALL THIRD PARTY LINKS, CONNECTIONS AND TRANSFERS VIA THE INTERNET. ACCORDINGLY WE DO NOT MAKE ANY PROMISES ABOUT THE AVAILABILITY OR ACCESSIBILITY OF THE LYNK SERVICES OR PROMISE THAT YOUR ACCESS TO THEM OR THE CONTENT PROVIDED THROUGH THEM WILL BE DELIVERED UNINTERRUPTED, IN A TIMELY MANNER OR ERROR-FREE.
  • WE MAKE NO PROMISES IN RESPECT OF ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, TROJAN HORSE, CANCELBOT, LOGIC BOMB OR ANY OTHER FORM OF PROGRAMMING ROUTINE DESIGNED TO DAMAGE, DESTROY OR OTHERWISE IMPAIR A DEVICE’S FUNCTIONALITY OR OPERATION INCLUDING TRANSMISSION ARISING FROM YOUR DOWNLOAD OF ANY CONTENT, SOFTWARE YOU USE TO DOWNLOAD THE CONTENT, THE LYNK SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE. IN THIS RESPECT YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO INSTALL SUITABLE ANTI-VIRUS AND SECURITY SOFTWARE ON YOUR COMPUTER HARDWARE AND OTHER DEVICES TO PROTECT AGAINST ANY SUCH BUGS, VIRUSES OR OTHER SUCH HARMFUL PROGRAMMING ROUTINES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LYNK SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
  • WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO LYNK SERVICES.
  • EXCEPT AS SET OUT ABOVE IN THIS PARAGRAPH 18, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON IN RELATION TO:
    • ANYTHING THAT AN OPERATOR DOES OR FAILS TO DO, THE PROVISION OF THE TRANSPORTATION SERVICES OR ANY RELATED CONTRACT AS WE ARE NOT A PARTY TO THESE ARRANGEMENTS, WHICH ARE SOLELY BETWEEN YOU AND THE APPLICABLE OPERATOR FOR YOUR BOOKING. PLEASE SEE FURTHER THE LYNK PLATFORM AND OUR ROLE UNDER PARAGRAPH 2 OF THESE TERMS OF USE;
    • ANY BUSINESS LOSSES. IF YOU USE THE LYNK SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY; OR
    • ANY UGC YOU SUBMIT TO US.

Your obligation to compensate and reimburse us in full if you break these Terms or any Contract

  • You agree only to use the App and Lynk Services in accordance with these Terms. You agree that you will compensate and reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise as a result of you breaking any of these Terms and/or any Contract. This includes any actions you take which disrupt access to and/or the functioning of the Lynk Services or any liability we incur as a result of the use of the App or the Lynk Services by you and any other person that uses your account (except where such use arises from our negligence).

Promotional Codes

  • From time to time, we may make promotional codes available (Promotional Codes) that can be redeemed by you and/or friends and colleagues via the App by entering the code into the relevant section of the App. We may make these codes available via the App, by email or through a third party.
  • The availability and use of Promotional Codes may also be subject to additional terms and conditions which we will make available to you at the time of the promotion.
  • Details of the validity period of a Promotional Code will be made available at the time of its issue.
  • Promotional Codes cannot be exchanged for cash. We do not permit the sale, trade or purchase of Promotional Codes in any way. This also applies to Promotional Codes published by third parties.
  • Promotional Codes cannot be used in conjunction with each other nor any other special offers or discounts.
  • If you would like to send a Promotional Code to a friend or colleague, please ensure that you have their permission to do so before sending the code.

Third party software and services

  • You acknowledge that you may need to download and activate certain software in order to use the App and the Lynk Services (for example updates to the operating system of your Device). The minimum requirements will be set out in the EULA and/or the relevant listing for the App on the App Store. Certain functionality provided by the App and the Lynk Services is provided by a third party service (for example fare estimates) and may require you to access servers and infrastructure operated by them.
  • In order to use such third party software or services, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software and services or their availability.

Links to third party websites

  • You acknowledge that the App and Lynk Services may include links to third party websites. We do not control these third party websites and we are not responsible for the websites or their content or availability. The terms and conditions and the privacy and other policies of the operator of the relevant third party retailer (and not ours) will apply when you visit such websites.
  • We do not therefore endorse or make any promises about them or any content found there or any results that may be obtained from using them. If you decide to access any of these third party websites, you do so entirely at your own risk.

General complaints, feedback and requests for further information

  • If you have any general complaints or wish to request further information about the App or the Lynk Services, please contact us via email at customercare@lynk.ie or by post to the address provided at the end of these terms and conditions and we will do our best to resolve these.
  • Your feedback and suggestions about the App and Lynk Services are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.

Other important terms

  • Written communications. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
  • Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Each Contract between you and an Operator will be concluded in English.
  • Our reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter. We and you will be legally bound by these Terms.
  • References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
  • We may transfer the agreement between us to someone else. We may transfer our rights and obligations under these Terms to another organisation.
  • Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war), our inability or delay in performing our obligations will not be deemed to be in breach of contract.
  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
  • Nobody else has any rights under these Terms of Use. No person other than you and us shall have any rights to enforce any of these Terms of Use.
  • If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  • Which laws apply to these Terms. These Terms and any Contracts are governed by Irish law and you can bring legal proceedings in respect of them in the Irish courts. If you live in Scotland you can bring legal proceedings in respect of these Terms or any Contract in either the Scottish or the Irish courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms or any Contract in either the Northern Irish or the Irish courts.

Changes to these Terms of Use and Privacy Policy

  • We may make changes to these Terms of Use or our Privacy Policy at any time by sending you an email with the modified terms or by posting a copy of them on our website at www.lynk.ie. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the website, whichever is the earlier. If you continue to use the Lynk Services after that period has expired, it means that you accept any such changes.

Contact us

  • Lynk platform is owned and operated by Global Taxis Ltd, a company incorporated in Ireland. The registered office address is Lynk Taxis, Unit 21 Parkmore Industrial Estate, Dublin 12.
  • Our registered company number is 257749.

Tel number

Email address

Lynk Delivery Person Terms and Conditions

SCOPE OF HIS SECTION OF THE TERMS AND CONDITIONS

  • There are two parties to these terms and conditions (“Terms and Conditions”):
    • Lynk

    And

    • The independent delivery person [You, as the delivery person, are the person who has registered on the Lynk driver app and makes deliveries for Lynk’s customers]
  • There is no partnership between you and Lynk and neither party is providing service to the other. We, you and Lynk, are jointly providing delivery service to Lynk’s customers.
  • As a Lynk app user you will comply with these Terms and Conditions.
  • By registering on the Lynk app and/or by accepting items of equipment belonging to Lynk you agree that you are entering into agreement with Lynk and are bound by these terms and conditions.
  • Any breach of the Terms and Conditions will result in termination of agreement.
  • You indemnify Lynk against all costs, claims or demands associated in any way with your actions, inactions or negligence and/or associated in any way with the agreement.
  • Both parties have had the opportunity to take legal advice prior to entering into this/the agreement.

PRODUCT

  • The “Product” is driver application, a customer application, a web application, a telephone system, a dispatch system and ancillary systems that allows the delivery person to connect with customers to arrange for the collection and delivery of parcels/goods by independent Lynk delivery people and the use of a base (where available) which can be used as a place for customers to contact their delivery drivers.

PHONE CALLS

USING LYNK

  • You must register with Lynk, providing Lynk with accurate and up to date information further to which you shall be entitled to use the Product in accordance with these Terms and Conditions and all applicable laws, rules and regulations.
  • You are not an employee of Lynk and you are not engaged by Lynk but rather are an independent delivery person entering into an arrangement with Lynk whereby you will use the Product in order to connect you with customers in order to collect and/or deliver goods.
  • Customers seeking to connect with a delivery person will make a booking through the app, website, other electronic means or by phone and you will collect the parcel and electronically mark the job as completed on completion. You may nominate another person to carry out a booking on your behalf provided that person can show that they are legally entitled to drive the car being used for the delivery. For processing and tracking purposes you must inform Lynk of the arrangement.
  • When active on the app, you should update the status of your availability to be seen as an available delivery person.
  • You acknowledge that under these Terms and Conditions you are not permitted to display the branding of any other service.
  • Lynk is under no obligation to provide you with a minimum amount of booking request options. You are not required to accept any booking requests nor are you required to complete a minimum amount of bookings in any given month or year.
    • You are not required to be available during any particular hours of business nor are you required to be available for any minimum period of hours in a given month or year. You may choose to be available or unavailable at any time and for any period of time that suits you, within the bounds of the law.
  • Service hours will be 24/7/365. These service hours are subject to change at Lynk’s discretion without prior notice to you.
  • As a delivery person you may be required to deliver alcohol. The person receiving the alcohol must be over the legal age to consume alcohol and you must be satisfied that this is the case and you accept that it is your responsibility to do so. Therefore, you agree to ask for proof-of-age photographic identification (ID), such as a passport or driver’s licence, from the receiver of the goods. You agree to take a photograph of the ID alongside the order print-out with the order number and date of birth clearly visible in the photograph. If the receiver does not have appropriate ID but is obviously over the age to consume alcohol you agree to photograph the person alongside the order print-out in the manner described in this clause. You agree to electronically send the photograph to an e-destination nominated by Lynk. You accept that it is your responsibility to photograph the identification properly and verify the receiver’s age and you indemnify Lynk in this regard. If the receiver of the goods does not agree to have a photograph taken, as described in this clause, you agree that you will not pass over the goods and you will return them to the store at a cost paid for by the store.

PAYMENT AND CHARGES

  • The customer may pay for bookings by cash, card and/or on account.
  • You agree to pay weekly Freight, where “Freight” means the weekly money paid by you to Lynk. Freight is Lynk’s share of the delivery charge paid by Lynk’s customers or clients regarding the bookings dispatched to you. Freight may vary from driver to driver and/or from delivery to delivery.
  • Freight may be a variable periodic amount or a fixed periodic amount being an averaged percentage split of the delivery charges and then fixed for convenience and security. Freight may be a percentage of each delivery charge (sometimes called commission or percentage), a fixed value per delivery charge (sometimes called pay-per-job or PPJ or booking fee) or any combination of these amounts.
  • You will receive your portion of the price of a delivery and Lynk will receive its portion as set on the Lynk System and as appears on your statements. Lynk’s portion is subject to change with one week’s notice and at the discretion of Lynk.
  • You agree to settle your account with Lynk on a weekly basis and on time.
  • You agree to pay any Freight charges applied to your account or to completed bookings.
  • Lynk may, from time to time and with notice to you in the form or a text or email or both, apply additional Freight charges or adjustments in Freight charges to you or your account.
  • You agree reimburse Lynk for any costs incurred by Lynk on your behalf for anything associated with the business carried on between you and Lynk.
  • Lynk has the right to deduct any monies owed to it from your weekly account of bookings completed.
  • Lynk has the right to apply discounts to delivery charges or prices.
  • Lynk agrees to settle your account and pay over any monies due to you on a weekly basis.
  • If Lynk fails to dispatch bookings to you in any week Lynk has no right to charge you Freight in that week

INTELLECTUAL PROPERTY RIGHTS

  • You hereby acknowledge and confirm that all intellectual property rights whatsoever relating to the Product throughout the world belong to Lynk and that you have no rights in, or to, the Product other than the limited right to use it in accordance with these Terms and Conditions.
  • You will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, reverse compile, disassemble, reverse engineer or distribute all or any portion of the Product in any form or media or by any means.

DATA PROTECTION

Lynk will collect and process your personal data in accordance with all relevant data protection laws and our Privacy Statement – https://www.lynk.ie/privacy-policy/.

  • 7.1. To the extent that you process customer personal data you warrant and represent that you will comply with all relevant data protection laws and standards no lower than those set out in our Privacy Statement – https://www.lynk.ie/privacy-policy/.

LINKS TO THIRD PARTY WEBSITES

  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.

PROHIBITED ITEMS (REGARDLESS OF THE VEHICLE TYPE, CAR, VAN, BIKE, MOTORBIKE, TAXI, OTHER)

  • There is a list of prohibited items set out in Schedule 1. If you become aware that the parcels/goods which you have been asked to deliver contains one or more of the prohibited items you should refuse to collect and deliver this item.
  • In addition to the prohibited items listed at Schedule 1, you shall not carry or deliver any Dangerous Goods where “Dangerous Goods” means goods included in the list of dangerous goods as defined in the classification and labelling of dangerous substance regulations or legislation, together with any amendments thereto, or goods which present a comparable hazard.
  • In addition to the prohibited items listed at Schedule 1 and clause 9.2 above, Lynk does not deliver parcels which require constant refrigeration. If delivery is required of a product requiring refrigeration the product will not be accepted unless the delivery can be made within 20 minutes from the time the refrigerated goods have been out of refrigeration. Since Lynk has no control over this Lynk does not accept any responsibility in this regard and for clarity states that it is the responsibility of the sender to be certain that chilled products are not out of refrigeration for more than 20 minutes.
  • If you have any doubts about whether or not a particular parcel/good is valid for delivery please contact Lynk and we will provide you with further information.

YOUR OBLIGATIONS

  • You agree that it is your responsibility and you warrant and represent that you will at all times maintain the required licences, appropriate insurance including but not limited to courier, VAT payments, taxes and approvals, training and certification necessary for operating your vehicle (which includes any vehicle supplied by Lynk or associates) in accordance with these Terms and Conditions and any applicable government regulations, rules or requirements. In the event that you are asked to provide evidence of such licenses, insurance, VAT returns, taxes, approvals, training and certification you will do so within 24 hours.
  • You shall at all times provide us with accurate personal information and notify us if your personal information needs to be updated or amended.
  • You acknowledge that Lynk is the owner, at all times, of all equipment supplied to you to facilitate a smooth PSV courier or delivery operation. You also agree to return all of the equipment, clean and in working order, within 3 (three) days of termination of your agreement with Lynk by either party except in the case where Lynk has supplied a vehicle package to the driver under a Fleet agreement (which shall mean for these Terms and Conditions an agreement whereby Lynk supplies to you a vehicle or vehicle package which include equipment belonging to Lynk whether registered in Lynk’s name or not or insurance provided by Lynk or its associates whether in Lynk’s name or not) in which case the equipment must be returned immediately.
  • You shall keep your access details (username, password etc.) safe and confidential and shall not disclose them to a third party or permit a third party to use your Lynk account. It is your sole responsibility to maintain the security and confidentiality of your account is and must inform us as soon as possible if you suspect that there has been unauthorised access to your account.

HOLD HARMLESS AND INDEMNITY.

  • You agree to hold harmless and indemnify Lynk, and its affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Product and/or violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.
  • You agree to hold harmless and indemnify Lynk and its affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to the delivery of any goods whatsoever including but not limited to alcohol, including, but not limited to, an incorrect or inappropriate delivery, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.

LIMITATION OF LIABILITY

  • To the fullest extent permitted under law, Lynk 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 a driver’s use of the Product or application or the Lynk website or the services provided by Lynk, even if Lynk has been advised of the possibility of such damages.
  • Lynk shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences of delay or deviation however caused.
  • Lynk will accept no liability for loss or damage or for any claims, actions or demands resulting from any delivery to an incorrect address, or an incorrect person, or an inappropriate person, regardless of how it occurred and regardless of the nature of the goods and you indemnify Lynk in this regard.
  • It is your responsibility to be qualified, competent and capable to carry out all tasks and he/she personally indemnifies Lynk in this regard.
  • Nothing in these Terms and Conditions shall exclude or limit Lynk’ liability for:
    • Death or personal injury caused by its negligence;
    • Fraud or fraudulent misrepresentation;
    • Any other matter for which it would be illegal for Lynk to exclude or attempt to exclude liability.

CUSTOMER RATINGS

  • You acknowledge that part of the Product involves customers providing ratings as to your performance of the collection and delivery of the parcel/goods. Lynk takes no responsibility for the contents of such reviews and the reviews do not reflect the opinion of Lynk.
  • Customer ratings may be published on the app and on the website for other customers to view where they are at the point of booking.

THE PRODUCT

  • The Product is provided on an “AS IS” basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.

TERMINATION

  • Either party may terminate the relationship between the parties at any time with or without notice.
  • The agreement between the parties shall terminate automatically and without the requirement of notice where you lose your licence or have more than 9 points on your licence, do not hold up to date and/or appropriate insurance or are no longer authorised to operate your vehicle for any other reason.
  • Lynk may suspend or terminate your access to the Product at any time without notice if:
    • You commit a material breach of your obligations arising under these Terms and Conditions and/or under any applicable law, rule or regulation;
    • You fail to pay the appropriate amount to Lynk when due; or
    • Where you fail to collect and deliver a parcel/goods or passengers after having accepted a booking.

FORCE MAJEURE

  • Lynk shall not be in breach of these Terms and Conditions for delay in performing or failure to perform, any of its obligations under these Terms and Conditions where such delay or failure results from events, circumstances or causes beyond its reasonable control. Should any circumstances existing at the time of the conclusion of our agreement with you change in any material way, Lynk shall be entitled to withdraw from the agreement.

GENERAL

  • All of the information you provide to Lynk will be taken in good faith.
  • All of your dealings with Lynk or customers will be open and honest dealings.
  • Lynk does not make any warranties or guarantees of any kind.
  • These Terms and Conditions shall be governed and construed in all respects by the laws of Ireland and the parties submit to the exclusive jurisdiction of the Irish Courts.
  • If any part of these Terms and Conditions are found to be disallowed, invalid, or are contradictory to the Terms and Conditions found on our website the remainder of the Terms and Conditions will remain valid.
  • Lynk reserves the right to amend these Terms and Conditions at any time. You should refer to the Terms and Conditions on our website from time to time. By continuing to use the Product you agree to be bound by these Terms and Conditions and any amended Terms and Conditions that may be published.

Lynk Fleet DriverTerms and Conditions (Inc. Wheelchair Accessible Vehicle (WAV) Drivers) Including: The Terms, the Regulations, the Charges.

SCOPE OF THIS SECTION OF THE TERMS AND CONDITIONS

All of your dealings with Lynk or customers will be open and honest dealings.

  • There are two parties to these terms and conditions (“Terms and Conditions”):
    • Lynk
  • And
  • The independent Fleet Driver [You, the person who has registered on the Lynk driver app and makes deliveries for Lynk’s customers or carries Lynk’s passengers and other passengers and/or the person who has accepted into your possession items of equipment belonging to Lynk]
  • By registering on the Lynk app and/or by accepting items of equipment belonging to Lynk you agree that you are entering into agreement with Lynk and are bound by these terms and conditions.
  • There is no partnership between you and Lynk and neither party is providing service to the other. We, you and Lynk, are jointly providing taxi service to Lynk’s customers.
  • Any breach of the Terms and Conditions will result in termination of agreement.
  • You indemnify Lynk against all costs, claims or demands associated in any way with your actions, inactions or negligence and/or associated in any way with the agreement
  • Both parties have had the opportunity to take legal advice prior to entering into agreement.
  • It is agreed between Lynk and you as follows:
  • You state that you have carefully read the Terms and Conditions, including the agreement, the Regulations and the Charges and have considered and accepted the implications of entering into the agreement.
  • Lynk will provide you with equipment which may include a roadworthy vehicle, fully licensed to be used as a taxi, together with other items of equipment as required for the proper operation of a SPSV.
  • The equipment and the taxi licence remain the property of LYNK at all times and are to be returned to LYNK on termination of the agreement in presentable and working order.
  • You will use the vehicle as a taxi displaying such advertisements or signs as may be required by LYNK and will at all times you will hold a valid driving licence free from any endorsement and SPSV Licence and SPSV Insurance for the driving of the vehicle. You will present all relevant original documents to LYNK to be copied and held on file. Lynk will not hold your original documents.
  • The customer may pay for bookings by cash, card, electronically and/or by account. Customers may pay in-car or they may pay directly to Lynk. You agree to accept all Regulated forms pf payment.
  • You agree to pay weekly Freight, where “Freight” means the weekly money paid by you to Lynk. Freight is Lynk’s share of the taxi farespaid by Lynk’s customers or clients regarding the bookings dispatched to you. Freight may vary from driver to driver and/or from fare to fare.
  • Freight may be a variable periodic amount or a fixed periodic amount being an averaged percentage split of the fares and then fixed for convenience and security for example, but not limited to the average of an 80-20 split. Freight may be a percentage of each fare (sometimes called commission or percentage), a fixed value per fare (sometimes called pay-per-job or PPJ or booking fee) or any combination of these amounts.
  • Freightis charged to you at a higher rate than an owner driver due to equipmentbelonging to Lynk that you use and this is known as Fleet Freight, for example, but not limited to, an owner driver’s Freight may be based on a 20-80 split of the fare while a Fleet Driver’s Freight may be based on a 50-50 split of the fare.
  • You agree to reimburse Lynk for any costs directly associated with doing business with you and you accept that Lynk may deduct such amounts from your account (refer to the Charges below).
  • You agree to pay any Freight Charges and/or Charges applied to your account or to completed bookings you and you accept that Lynk may deduct such amounts from your account.
  • Freight Charges, as described below, may be applied to your account as line items or may be deducted at source. Freight charges are applied as follows:
    • Freight is charged as a line item – Lynk’s share of the fare
    • Percentage or commission Freight is charged as a line item – Lynk’s share of the fare
    • Pay-Per-Job, PPJ, booking fee Freight is deducted from the fare before the fare is applied to your account – Lynk’s share of the fare
    • Miscellaneous reimbursement charges are applied as line items, for example but not limited to, the cost of repairs for damage occurring to equipment provided to you by Lynk and for which no third party has accepted liability, toll charges, your insurance, and you agree to reimburse Lynk for these, your costs.
  • Lynk may, from time to time and with notice to you in the form or a text or email or both, apply Freight charges or adjustments to Freight charges to you or your account and you agree to accept these changes or adjustments.
  • You agree to settle your account with Lynk on a weekly basis and on time.
  • If Lynk fails to dispatch bookings to you in any week, Lynk has no right to charge you Freight for that week.
  • You will pay LYNK the agreed Freight per week on or before 12.00pm each Monday (Freight being LYNK’s share of the fares dispatched to you) together with any increases in your costs, e.g. insurance, and such charges as set out in The Regulations, as may be required by LYNK from time to time. (See The Regulationsbelow).
  • LYNK may assist in the arrangement of the insurance of the driving of the vehicle by you under the Road Traffic Act 1961 and in the event of any additional costs arising from an insurance premium increase, your claims experience, driving history, accident or claims arising in any manner, then you will reimburseLYNK such further sums as may be notified by LYNK or the Insurer to you in respect of such additional costs or charges.
  • If you choose to pay for your insurance by weekly or monthly instalments a security deposit equal to one month’s premium or one week’s Freight is required, whichever is greater. The insurance premium will be paid directly by you and LYNK will be notified of any default in payment.
  • Should you breach any of these Term and Conditions, cause damage for which you do not pay or for which there is no third-party acceptance of liability, default on any payment, for example, but not limited to; Freight, Insurance,this will be a breach of these Terms and Conditions and the vehicle will be immediately taken into possession by LYNK which terminates the agreement and any deposit paid is forfeit by you.
  • You will be responsible for the vehicle from the time you take possession of the vehicle to the time the vehicle is returned and checked by a member of LYNK Staff and logged back into stock.
  • LYNK will service and maintain the vehicle, if you have included maintenance in your package, at no further cost to you, subject to normal wear and tear.
  • If you have not included maintenance in your package you will pay for all maintenance and repairs on the vehicle as required by law and/or by LYNK. If Lynk carries out the service or repairs to the vehicle, you will reimburse Lynk for the cost.
  • You will comply with The Regulations relating to the use and operation of the vehicle as may be notified to you from time to time or posted in LYNK’s offices from time to time, including the manner of the payment of sums payable under the agreement (See The Regulations below). It is your responsibility to be familiar with The Regulations and to read all updates notified by LYNK from time to time and to comply with them.
  • A deposit, equivalent to one week’s Freight, or one month’s insurance, whichever isgreater, is required to be paid by you and will be retained by LYNK until you return the vehicle and properly terminate the agreement.
  • The deposit will be forfeit and the agreement may terminate if you breach any term and conditions, The Regulations, fail to pay Freight or Charge or cause damage to the equipment for which there is no third-party acceptance of liability and you do not pay for the repairs.
  • The deposit will be forfeit and the agreement may terminate if youfailto pay for repair for which you are liable or for which there is no third party acceptance of Liability or if you fail to give one weeks’ notice prior to returning the vehicle.
  • The deposit will be forfeit and the agreement may terminate if youfail to pay your insurance premium at least 3 days prior to the date that payment is due or if you fail to renew your insurance policy at least three days prior to expiry date. In this event, LYNK has the right to use the deposit to pay for your insurance instalment or payment. If you wish to continue driving the vehicle LYNK will require you to replace the deposit.
  • The minimum agreement period is one month unless otherwise agreed in writing by Lynk. The deposit will be forfeit if you terminate early and Freight paid in the week of the termination will not be refunded.
  • Subject to the minimum period of the agreement you may terminate the agreement by giving one weeks’ notice to LYNK.
  • LYNK may terminate the agreement without recourse by you to Lynk, by giving notice to you.
  • A period of absence of no more than two weeks may be taken within the first 3 months. However, in this event, LYNK will retain the deposit. When you return you will be entering into a new minimum term agreement and the retained deposit will serve as the deposit for the new agreement. LYNK cannot guarantee the same vehicle will be available upon your return. If the period of absence is greater than two weeks the deposit will be forfeit.
  • You may be required to wait for a period of time until a vehicle becomes available for you. If due to the unavailability of a vehicle the period of absence runs beyond two weeks without you being offered a replacement vehicle the deposit will be held until such a time as a vehicle is offered to you. Every effort will be made to offer you a vehicle of your choice but if that vehicle type is not available you will accept the next available vehicle until a vehicle of your choice becomes available.
  • You will present the vehicle for maintenance and/or inspection by appointment at least once every 2 months as requested.
  • You will present the vehicle or yourself, as required, at the offices or garage of LYNK within 24 hours of a request to do so. A request to do so may be sent by text, email, phone call or post. A record of the request will be held by LYNK.
  • You will check the following before starting each shift: tyre pressure, lights, oil level, water level and any visual defects. All findings affecting the safety or the appearance of the vehicle will be reported by you to LYNK within one working day. You agree that you will not drive the vehicle if a safety issue has been discovered and will contact the Fleet Office at LYNK as soon as possible.
  • You will provide LYNK with credit/debit card details which will be retained securely by LYNK and you consent to LYNK charging to yourcard such amounts as required for moneys owed by you, for example but not limited to unpaid Freight, Charges, repairs due to damage to the equipment for which there is no third party acceptance of liability or unpaid insurance premium. Your card details will be retained securely for the duration of the agreement and for 2 years following the termination of the agreement unless LYNK are requested in writing by you to delete them. Files will be disclosed to the authorities as required by law.
  • The vehicle and equipment must be returned in the same condition that they were received by you at the time of commencement of the agreement. The interior must be valeted and the outside washed, fair wear and tear accepted. Any costs incurred in restoring the vehicle to a reasonable condition acceptable to LYNK will be Charged toyou and you agree to reimburse Lynk for these costs.
  • The Lynk Driver App (the Lynk App) from which you receive bookings from Lynk customers is an intrinsic part of the taxi package and Fleet Drivers are required to accept and complete bookings from the Lynk App. Youare required to accept and complete a minimum of 10 bookings per week under the agreement.
  • Equipment, including the vehicle, may be returned by appointment only and during the business hours of 9am to 4pm Monday to Friday. The vehicle is your responsibility until a member of LYNK staff inspects the vehicle and formally logs the vehicle back in to the LYNK stock.
  • It is your responsibility to be sure that the vehicle and equipment including the meter and roof sign are working properly and legally at all times. You will pay for any damage to the vehicle and/or equipment for which there is no third-party acceptance of liability.
  • You will be responsible for the cost of repair and replacement of all damaged parts and any other costs or expenses, including mechanical repairs arising from the manner in which the vehicle has been driven.
  • In the event of an accident or incident where damage has occurred to the vehicle for which there is no third-party acceptance of liability, Drivers insured under the LYNK Fleet Policy are liable to pay the excess of €1,500.00 or such sum as notified to you from time to time.
  • Where you are a named Driver on an individual insurance policy insuring the vehicle, regardless of who the insured policy-holder or company is, LYNK has the right to claim for damages to the vehicle should there be damage occurring to the vehicle for which there is no third-party acceptance of liability notwithstanding your requirement to pay for damages for which there is no third party acceptance of liability.
  • You may not engage any third party to carry out repairs of any kind to the vehicle without the written permission of LYNK. Vehicle repairs, maintenance, body work and crash repairs to the vehicles can only be carried out by aLYNK approved repair shop or garage. You have the right to employ an independent registered assessor should you wish to do so.
  • In the event that the vehicle or equipment is presented to or returned to LYNK damaged in any way, at any time, and where there is no third party acceptance of liability LYNK is entitled to charge the cost of repairs against your card and/or to pursue you by any legal means at Lynk’s disposal to cover the cost of the repairs plus any additional cost incurred in pursuing you for payment.
  • Under the agreement you are the only person permitted to drive the vehicle. You will not, under any circumstances, allow any other person to drive the vehicle without the prior written consent of LYNK which will only be granted in exceptional circumstances. In the event that such permission is granted you must first provide LYNK with documentation to prove the other driver is licenced and insured to drive the vehicle at which point the written consent may be granted. LYNK may withdraw the consent with notice to you by SMS text, WhatsApp text or email whereupon you must take possession of the vehicle as the only permitted Driver.
  • All sums, which are payable under the agreement must be available to draw from your card or bank prior to 12 noon on the Monday of each week.
  • You shall produce the vehicle to the relevant authorities for the purpose of having it examined for roadworthiness (NCT), Suitability, for the inspection of the taxi meter or for any other purpose that may be lawfully required by Lynk any third party.
  • Should LYNK have reasonable grounds for believing that you have operated the vehicle under the influence of alcohol, drugs or excessive tiredness LYNK shall be entitled to terminate the agreement immediately and take possession of the vehicle.

Wheelchair accessible vehicles (WAV):

  • Wheelchair users who are capable of transferring to a car seat and wish to do so may do so if they wish.
  • Wheelchair users who wish to or must remain in their wheelchair for the journey will be positioned in a forward or rear facing position, never sideways or at an angle.
  • Wheelchair users will be brought to their designated appointment area or destination. When bringing a wheelchair bound passenger to a clinic/hospital you will verify that the passenger is in the correct appointment area/ward before leaving.
  • You will ensure that all of the tie-points of the WAV restraint systems are properly secured to secure all wheelchairs and wheelchair bound passengers during transport.
  • The passenger will be safely restrained using the passenger restraints.
  • Lap, chest and/or other straps restraining the passenger are not wheelchair restraints and will not be used as such.
  • Unoccupied wheelchairs will be safely stowed.
  • Wheelchairs will have their brakes applied, and in the case of powered wheelchairs their units will be switched off during vehicle movement. Powered wheelchairs will never be left in free wheel mode.
  • Wheelchair accessories will always be removed and safely stowed, as they could pose a risk of injury to the wheelchair user or other passengers.
  • Driver Declaration and Indemnity: As a wheelchair accessible vehicle (WAV) operator you state that you have been adequately trained in the use of wheelchair and passenger restraint systems. You acknowledge and accept that as a WAV operator that it is your responsibility to ensure that you have adequate WAV wheelchair and passenger restraint systems training. You accept that you are entirely responsible for your actions and/or inactions or negligence. You acknowledge that it is your responsibility to ensure your own health and safety and the health and safety of passengers in all circumstances and you indemnify NET Global Taxis Ltd trading as Lynk against all claims, actions and/or demands resulting from your actions or inactions, abilities or inabilities and negligence.
  • For the purposes of good risk management, all LYNKs vehicles have been fitted with Telematics. These are devices hardwired into each vehicle and they monitor driving behaviour and the location of the vehicle. The primary aim of this initiative is to manage risk involving the vehicle, to promote safe driving and to avoid accidents. The system is also used to collect data preceding or following an accident. You will not tamper with the device.
  • E-flow Tag: It is your responsibility to have your own E-flow tag attached to the LYNK vehicle, which should be ordered at the time you sign up with LYNK and which you can link to the vehicle. Until the application for an E-Flow tag is complete and the tag is active, all toll journeys will be charged to you by LYNK at €5 per toll trip and you agree to reimburse Lynk for such charge.
  • No allowance or reduction in Freight will be made for downtime (if less than 3 days off the road), including but not limited to breakdowns, accidents, holiday time, adverse weather conditions, sick time. If payment is not made in full and on time the agreement may be terminated by LYNK. (See Charges).
  • Under the agreement you are responsible for your own actions, inactions or omissions and you indemnify Lynk against all claims, actions and/or demands in this regard.
  • Under the agreement you must immediately report to LYNK any penalty points and/or convictions or endorsements or a driving ban imposed on you.
  • It is your responsibility to register the driving of the taxi with the National Transport Authority Taxi Portal on 0818-064000 or on the SPSV Industry App, SMS 51444 or SPSV Online Services prior to driving any taxi.

Freight to Buy agreement as a Fleet Driver.

  • If you have entered into a Freight to Buy agreement as a Fleet Driver with Lynk, meaning that you have committed to a specific vehicle belonging to Lynk for a specific period of time with the option of buying the vehicle at the end of that time, in addition to the Terms and Conditions in this Fleet Driver Section the following Terms and Conditions apply:
  • Should the term of the Freight to Buy agreement continue uninterrupted for the agreed period of consecutive months from the date of the agreement without breach of any term of the agreement by you and you having paid Freight and Charges as due and on time for 50 weeks of each calendar year of the agreed term or pro-rata, following the final month of the agreed termyou have the option to purchase the vehicle for the agreed price.
  • This clause refers only to the vehicle that is the subject of the Freight to Buy agreement and no other or substitute vehicles. Such vehicle is the vehicle to which you are registered on Lynk’s systems and insured to drive as a taxi at the time of entering into the Freight to Buy agreement.
  • Following your purchase of the vehicle you will be required to continue to avail of a Lynk Plate and App package, the subjects of the agreement, under a new agreement.
  • If you choose not to purchase the vehicle you may continue to drive the vehicle at a reduced rate of Freight or, by entering into a new agreement, Lynk will provide you with a replacement newer vehicle at the earliest opportunity.

THE REGULATIONS

Regulations relating to the agreement.

  • You will keep the vehicle including the interior and upholstery and the exterior in a clean and tidy condition and will wash the vehicle regularly. You will ensure there are no unpleasant odour in the vehicle or on your person and will strictly enforce a no smoking policy.
  • In the event of LYNK being of the opinion that a vehicle is not being kept in a neat or tidy condition LYNK will be entitled to take possession of the vehicle for the purpose of having it cleaned and or valeted as may be required, and in that event you shall reimburseLYNK for the cost of such cleaning and or valeting.
  • In the event of your being involved in an accident resulting in damage to property or the injury or death whether through your fault or otherwise, LYNK shall be entitled to terminate the agreement.
  • All costs relating to the daily operation of the vehicle for example but not limited to fuel, oil, lubricants, punctures, wheel balancing etc, the operation of the meter and cleaning is your responsibility and your cost.
  • All fines and levies relating to the use of the vehicle and any toll costs or any other legislative costs shall be paid by you and/or you will reimburse Lynk. You indemnify LYNK and keep LYNK indemnified in respect of any action, costs claims or demands which may arise.
  • You shall deliver the vehicle to LYNK when required by LYNK for the purpose of maintenance, servicing, inspection or any other purpose required by LYNK (see Company Charges). You will be responsible for all associated costs to restore the vehicle to working order if you fail to deliver the Vehicle as required by LYNK.
  • LYNK will arrange for the provision of a breakdown service at a discounted rate and any associated costs will be reimbursed by you to Lynk along with your Freight on or before 12 noon on the Monday of the following week in which the service has been provided.
  • It is your responsibility to ensure the vehicle is maintained in a roadworthy condition and that all licenses, insurances, legally required documents and taxes relating to the vehicle are up to date and valid.You will pay all monies set out under “Company Charges” which are subject to change.
  • Freight (being Lynk’s share of the fares charged by you) is payable weekly and in advance as a surety of payment and is non-refundable:
  • Freight and Charges are required to be paid in full before 12.00 Noon each Monday.
    LYNK is entitled to terminate the agreement in the event of late payment, non-payment or incomplete payment.
  • Should you receive more than 8 penalty points on your licence LYNK may terminate the agreement.

The Charges

  • Damage to vehicle –if you are insured under LYNK Fleet Policy the insurance excess is up to €1500.00.
  • Damage to vehicle – if you are named on an individual policy any associated policy excess will be paid by you.
  • Dirty vehicle requiring cleaning/valet – up to €100.00 will be reimbursed by you to Lynk
  • Non-attendance – loss of €25 Fleet Driver discount (thereby increasing your Freight by €25)
  • Inadequate use or non-use of Lynk App – loss of €25 Fleet Driver discount (thereby increasing your Freight by €25)(minimum 10 completed Lynk bookingsper week is required for the discount to apply) Late payment of Freight:
  • Monday 12.01pm to 5.00pm –loss of €25 Fleet Driver discount (thereby increasing your Freight by €25)
  • Monday 5.01pm to Tuesday 5.00pm –Loss of four weeks Fleet Driver discount, €100 (thereby increasing yourFreight by €100 for the period)
  • After 5.00pm on Tuesday – Loss of four weeks Fleet Driver discount, €100 and LYNK may terminate the agreement.

Lynk Plate DriverTerms and Conditions

SCOPE OF THIS SECTION OF THE TERMS AND CONDITIONS

  • There are two parties to these Terms and Conditions (“Terms and Conditions”):
    • Lynk
  • And
  • The Driver – You, The independent Plate Driver are the person who has agreed to take a Plate and App package from Lynk.
  • A plate and App package consists of a SPSV Vehicle Licence and the Lynk driver app. You are registered on the Lynk driver app and carry Lynk’s passengers and other passengers and/or you are the person who has accepted into your possession additional items or equipment belonging to Lynk.
  • By registering on the Lynk app and/or by accepting any items or equipment belonging to Lynk you agree that you are entering into agreement with Lynk and are bound by these Terms and Conditions.
  • There is no partnership between you and Lynk and neither party is providing service to the other. We, you and Lynk, are jointly providing taxi service to Lynk’s customers.
  • Any breach of the Terms and Conditions will result in termination of agreement.
  • You indemnify Lynk against all costs, claims or demands associated in any way with your actions, inactions or negligence and/or associated in any way with the agreement.
  • Both parties have had the opportunity to take legal advice prior to entering into agreement.

Trade Definitions:

  • The Plate – The Small Public Vehicle Licence (SPSV Licence) provided to the Driver by Lynk.
  • The App – Lynk’s taxi Driver app on which you are registered and on which you receive your bookings from Lynk.
  • The Plate and App Package – the Plate and Lynk App combined as a package.
  • The Car – the vehicle owned by the Car Owner and leased to the Plate Owner for a minimum of 12 months and used by the Driver for the duration of the agreement in the operation of their business.
  • The Taxi – The Car, the subject of the agreement, once it is licensed together with the Plate, as an SPSV.
  • The Plate Owner – the owner of the Plate, the subject of the agreement.
  • The Driver – The Driver of the car/taxi who may be the taxi owner, the car owner or an appointed driver, as appropriate.
  • The Lynk System – are the systems where financial and regulatory details of Plate Owner, Car Owner and/or The Appointed Driver, the car, the customer and booking details are recorded.
  • The Suitability Fee – the fee charged by the authorities to carry out the suitability inspection on the Taxi.
  • The Deposit – the deposit paid by the Driver against their default or breach of any Term of the agreement, including the term of the Agreement.
  • The Termination Date – the date of the termination of the agreement.
  • The Term – the period during which the agreement is valid.

Background:

  • Lynk operates a licensed taxi dispatch business whereby it dispatches bookings that it receives from its clients and customers to its associated, independent Driver pool who are registered on the Lynk driver app.
  • Part of that business operation involves providing the Drivers with fleet packages.
  • Fleet packages often contain items that you need to carry out your taxi business. Items such as a complete taxi or one or more of the component parts of that taxi such as a Plate.
  • In return you share a portion of the taxi fares, paid by Lynk’s customers or clients, with Lynk. This share is called Freight.
  • Freight – the weekly money paid by you to Lynk. Freight is Lynk’s share of the taxi fares paid by Lynk’s customers or clients regarding the bookings dispatched to you. Freight may vary from driver to driver and/or from fare to fare. Freight may be a variable periodic amount or a fixed periodic amount being an averaged percentage split of the fares and then fixed for convenience and security for example, but not limited to the average of an 80-20 split. Freight may be a percentage of each fare (sometimes called commission or percentage), a fixed value per fare (sometimes called pay-per-job or PPJ or booking fee) or any combination of these amounts.
  • Standard Freight – is the freight payable when no discount is applied.
  • Special Freight – is the freight payable for the when discount is applied for example, on Plate and App packages. It is 20% less than Standard Freight and is applied when you complete a minimum of 25 Lynk bookings in a calendar week. The freight associated with the agreement is Special Freight, on the mutual understanding that you will complete at least 25 bookings per calendar week.

Agreement

  • These terms and conditions outline an agreement between the Parties whereby Lynk shall provide you with the Plate and App Package and you shall pay Freight to Lynk.
  • On the Termination Date of the agreement or upon termination of the agreement by either party, you will surrender the Roof Sign, or in the case where you own the Roof Sign you must deliver the sleeve(s) of the Roof Sign which contain the Plate License Number, to Lynk.
  • The agreement is exclusive to the Parties and you are free to take street hails and taxi rank passengers as you so choose and free to work or not work when and where they choose.

You agree to pay weekly Freight

  • Freight may be a variable periodic amount or a fixed periodic amount being an averaged percentage split of the fares and then fixed for convenience and security for example, but not limited to the average of an 80-20 split. Freight may be a percentage of each fare (sometimes called commission or percentage), a fixed value per fare (sometimes called pay-per-job or PPJ or booking fee) or any combination of these amounts.
  • Freight is charged to you at a higher rate than an owner driver due to Items or equipment belonging to Lynk that you use and this is known as Fleet Freight, for example, but not limited to, an owner driver’s Freight may be based on a 20-80 split of the fare while a Fleet Driver’s Freight may be based on a 50-50 split of the fare.
  • You agree to reimburse Lynk for any costs directly associated with doing business with you and you accept that Lynk may deduct such amounts from your account (refer to the Charges below).
  • You agree to pay any Freight Charges and/or Charges applied to your account or to completed bookings you and you accept that Lynk may deduct such amounts from your account.
  • Freight Charges, as described below, may be applied to your account as line items or may be deducted at source. Freight charges are applied as follows:
    • Freight is charged as a line item – Lynk’s share of the fare
    • Percentage or commission Freight is charged as a line item – Lynk’s share of the fare
    • Pay-Per-Job, PPJ, booking fee Freight is deducted from the fare before the fare is applied to your account – Lynk’s share of the fare
    • Miscellaneous reimbursement charges are applied as line items, for example but not limited to, the cost of repairs for damage occurring to equipment provided to you by Lynk and for which no third party has accepted liability, toll charges, your insurance, and you agree to reimburse Lynk for these, your costs.
  • Lynk may, from time to time and with notice to you in the form or a text or email or both, apply Freight charges or adjustments to Freight charges to you or your account and you agree to accept these changes or adjustments.
  • You agree to settle your account with Lynk on a weekly basis and on time.
  • If Lynk fails to dispatch bookings to you in any week, Lynk has no right to charge you Freight for that week.
  • You will pay LYNK the agreed Freight per week on or before 12.00pm each Monday (Freight being LYNK’s share of the fares dispatched to you) together with any increases in your costs, e.g. insurance, and such charges as set out in The Regulations, as may be required by LYNK from time to time. (See The Regulations below).
  • Freight under the agreement is agreed to be a fixed weekly amount per week plus percentage, PPJ fees and charges, or any such sums as notified to you from time to time and is subject to change. Such amounts shall be as recorded on your account on the Lynk System.
  • Late payment or default in Freight payment may result in termination of the agreement and loss of pre-payments and Deposit.
  • Freight becomes payable immediately upon signing the agreement.
  • Two weeks Freight is pre-payable on signing the agreement as follows:
    • First week’s Freight paid on signing of the agreement.
    • Last week’s Freight paid on signing of the agreement.
  • A Deposit is pre-payable on signing the agreement as follows:
    • A sum equivalent to one week’s Freight.
  • The Suitability Fee is pre-payable on signing the agreement as follows:
    • Such amount as charged by the authoritiesfor the Suitability inspection
  • The Plate Owner (in the case where Lynk is not the Plate Owner) has agreed to allow Lynk to manage and operate the Plate for a minimum period of 12 months.
  • The Plate Owner (in the case where Lynk is not the Plate Owner) has agreed to allow Lynk to provide you while registered with Lynk, with the Plate to use in the operation of your taxi business with Lynk.
  • In the case where Lynk is the Plate Owner Lynk will provide you with a Plate to use in the operation of your taxi business with Lynk.
  • The Plate Owner or Lynk as the case may be, has agreed to enter into a car lease Agreement with you for a minimum period of 12 months, in order to facilitate the agreement.
  • You agree to arrange and do all those things that are necessary for the proper management and operation of the Plate and Car including but not limited to:
    • Entering into a car lease agreement with the Plate Owner for a minimum period of 12 months, to facilitate the agreement. It is agreed that such lease agreement will form part of the agreement.
    • Producing the Car or Taxi on time when required under the SPSV Regulations for suitability tests, NCT tests, taxi meter seals and inspections, or any other appointments that are required for the proper management and operation of the Taxi.
    • Handing over the original Plate Licence to Lynk within one working day of the vehicle passing its suitability test.
    • Immediately providing a copy of all Car and Driver documents as required by Lynk.
    • Maintaining valid and in-date documentation, as required by the SPSV Regulations.
    • Maintaining valid Third Party SPSV insurance of the Taxi at all times.
    • Maintaining a valid Tax Clearance Certificate.
    • Maintaining a Drivers’ licence.
    • Maintaining an SPSV Drivers’ licence.
    • Maintaining valid and in-date the Plate licence.
    • Immediately handing over to Lynk the associated Tamper Proof discs when required to do so.
    • Attending to any matters that require your attention from time to time for the proper operation of the Plate.
    • Complying with the SPSV Regulations as published by the National Transport Authority of Ireland.
    • Entering into a Driver agreement with Lynk which shall form part of the agreement.
  • For clarity it is noted that all costs and levies associated with the management and operation of the Plate shall be borne by you.
  • You are committed to the agreement for a minimum period of 12 months during which time you are committed to paying 50 week’s Freight.
  • You are committed to the Lynk app and is also committed to completing at least 15 bookings from the Lynk App per calendar week.
  • You agree that you will use the app whenever you are working the taxi.
  • You agree that you will complete a minimum of 25 bookings from the Lynk App per calendar week under the agreement in order to avail of the Special Freight associated with the agreement. Failure to complete 25 bookings from the Lynk App per calendar week will result in Standard Freight being charged to you.
  • The Plate and the App come as a Fleet Package and may not be separated.
  • You shall not substitute the vehicle or sub-let the taxi or the Plate or engage another driver on the taxi under the agreement without the express written consent of Lynk.
  • The taxi and taxi plate shall carry Lynk Branding and decals.
  • The Termination Date of the agreement is the 12 month anniversary of the agreement or the expiry date of the Plate Licence, whichever is the later date.
  • The Term of the agreement is a minimum of 12 months, subject to The Termination Date.
  • The agreement may be terminated by either party by giving a minimum of four weeks’ notice to the other party within eight weeks prior to the Termination Date (the Notice Period) of the agreement.
  • If you terminate the agreement, failing to give Lynk the proper notice at the proper time during the Notice Period, as defined under the agreement, the last weeks Freight, paid under the agreement and the Deposit, will be forfeit by the you and Lynk may take possession of the Plate/roof sign at which time the agreement shall immediately terminate.
  • If you breach any Term of the agreement, the last weeks Freight, paid under the agreement and the Deposit, will be forfeit by you and Lynk may take possession of the Plate/roof sign at which time the Agreement shall immediately terminate.
  • If your account is in negative balance on Termination of the agreement Lynk is entitled to charge your card for any balance that is due to Lynk.
  • For clarity, neither the Last Weeks Freight nor the Deposit may be used to offset a negative balance if there has been a breach of any Term of the agreement by you.
  • If no notice is issued by either party during The Notice Period and subject to the consent of the Plate Owner, the agreement shall continue for a further minimum period of 12 months following the renewal of the Plate licence or the agreement, as the case may be.
  • You agree that you shall not enter into any Agreement with the Plate Owner (in the case where plate owner is not Lynk) regarding the Plate during the term of the agreement and for a period of 12 months following the Termination of the agreement.
  • During the term of the agreement Lynk shall periodically charge to your card for any amounts that are due to Lynk under the agreement and you agree to this.
  • The agreement shall immediately terminate upon the death of the Plate Owner (if the plate owner is not owned by Lynk).
  • Breach of any of the terms of the agreement by you may result in Termination of the agreement.
  • You indemnify Lynk against all loss, consequential loss, claims, actions or demands in the event of the early termination of the agreement, by the Plate Owner due to death, illness or for any other reason whatsoever.
  • You indemnify Lynk and the Plate Owner against all loss, consequential loss, claims, actions or demands either directly or indirectly associated with the agreement.
  • The Parties enter in to the agreement in full knowledge of the Regulations that govern the operation of SPSV’s in Ireland.
  • Lynk’s Terms and Conditions Apply – see Lynk.ie.
  • Not a Partnership – Nothing in the agreement infers a partnership.
  • The Parties agree that they have had opportunity to seek legal advice regarding the agreement.
  • This is a binding agreement and in the unlikely event of a dispute the decision of Courts of Ireland shall be binding on the Parties.

Lynk Plate OwnerTerms and Conditions

SCOPE OF THIS SECTION OF THE TERMS AND CONDITIONS

  • There are two parties to these Terms and Conditions (“Terms and Conditions”):
    • Lynk
  • And
  • The Plate Owner – You, the owner of the SPSV Vehicle Licence (The Plate).
  • By Providing Lynk with your Plate for the purposes of managing it on your behalf you are entering into agreement with Lynk.
  • There is no partnership between you and Lynk and neither party is providing service to the other. We, you and Lynk, together with the driver, are jointly providing taxi service to Lynk’s customers.
  • Any breach of the Terms and Conditions will result in termination of agreement.
  • You indemnify Lynk against all costs, claims or demands associated in any way with your actions, inactions or negligence and/or associated in any way with the agreement.
  • Both parties have had the opportunity to take legal advice prior to entering into agreement.
  • Trade Definitions
  • The Plate – The Small Public Vehicle Licence (SPSV Licence)
  • Freight – your share of the fares received by the Driver from the customers and clients of Lynk for the bookings dispatched to the Driver by Lynk and paid by the Driver to Lynk on a weekly basis or from time to time.
  • The Car – the vehicle, the subject of the Plate.

Background:

  • Lynk operates a licensed taxi dispatch business whereby it dispatches bookings that it receives from its clients and customers to its associated, independent driver pool who are registered with Lynk.
  • Part of that business operation involves providing taxi drivers with fleet packages.
  • Fleet packages often contain items that the driver needs to carry out their taxi business, such as a complete taxi or one or more of the component parts of that taxi such as a Plate.
  • In return the taxi driver (the Driver) shares a portion of the taxi fares paid by Lynk’s customers or clients with Lynk. This share is called Freight. You are entitled to a portion of that share of the taxi fares under the agreement.

The Agreement:

  • The Termination Date of the agreement is the 12 month anniversary of the agreement or the expiry date of the Plate Licence, whichever is the later date.
  • You agree to allow Lynk to manage and operate the Plate for a minimum period of 12 months, subject to The Termination Date.
  • You agrees to allow Lynk to provide a Licensed SPSV driver, who is registered with Lynk, with the Plate to use in the operation of their taxi business with Lynk.
  • It is agreed that the Freight payable under the agreement shall be a fixed sum payable annually subject to your tax compliance.
  • Freight Payment and Tax Compliance: Your first Freight shall be paid when the car passes its Suitability Test and the Plate licence is issued, thereby confirming that you are tax compliant.
  • Subsequent Freight payment dates will take place on the anniversary of the signing of the agreement. Subject to your tax compliance.
  • If the anniversary of the agreement and the date of the expiry of the Plate Licence fall in or around the same date (the Termination Date) and the agreement is to run on, the Freight will be paid when the car passes its Suitability Test and the Plate Licence is issued, thereby confirming that you are tax compliant.
  • If there is a change of vehicle during the Licence period you will assist with the licensing process by attending to whatever tasks are required and by signing whatever paperwork is required by the Authorities for the proper management and operation of the Plate.
  • You agree to arrange and do all those things that are necessary for the proper management and operation of the Plate including but not limited to:
    • Signing ‘Car Lease Agreements’ as required, with the car owner, to Warrant that the vehicle may be licensed under the Plate for a minimum period of 12 months. It is agreed that such agreement shall form part of the agreement.
    • Booking suitability tests, or any other appointments that are required of you for the management and operation of the Plate.
    • Dealing with the insurer of the SPSV as required.
    • Informing the insurer and any other authorities as required, that Lynk is authorised to arrange the insurance and manage and correspond on all matters regarding the Plate and insurance on your behalf under the agreement.
    • Renewing the Plate licence in a timely fashion.
    • Maintaining a valid Tax Clearance Certificate.
    • Immediately handing over to Lynk the associated Tamper Proof discs on receipt.
    • Any other matters that need your attention from time to time for the proper operation of the Plate.
    • Co-operating with Lynk in the event of a change of vehicle.
  • In addition you appoint Lynk as your Power of Attorney to sign Insurance proposals and any other forms or documents (permitted by the Authorities) that are required for the proper management and operation of their SPSV Licence and the associated SPSV vehicle.For clarity it is noted that the levies associated with the management and operation of the Plate shall be borne by Lynk provided always that you is tax compliant and have facilitated the renewal of the Plate in a timely fashion.
  • Late fees incurred as a result of delays caused by you shall be borne by you.
  • You agree to change the address associated with the Plate to the Address of Lynk; Unit 21, Parkmore Industrial Estate, Long Mile Rd, Dublin, D12 N268.
  • The agreement may be terminated by either party by giving a minimum of one months’ notice to the other party within two months prior to the Termination Date (the Notice Period) of the agreement.
  • If Lynk has paid you their Freight prior to the notice to terminate being issued by either Party you agree to return the Freight pro-rata to Lynk.
  • If you have issued notice to terminate the agreement but fails to return any residual freight to Lynk the agreement will not terminate and shall run on until the Termination Date.
  • If no notice is issued by either party during The Notice Period the agreement shall continue for a further minimum period of 12 months subject to the Termination Date.
  • If the agreement is not allowed to renew by either party any residual portion of the Freight shall be returned pro-rata by you to Lynk.
  • If you fail to return any residual freight to Lynk the agreement will not terminate and shall run on until the Termination Date.
  • You agree that you shall not enter into any agreement with The Driver regarding the Plate during the Term of the agreement or for a period of 12 months following the termination of the agreement.
  • In the event of a lockdown or partial lockdown, similar to that experienced during the Covid 19 pandemic, or any citywide event that prohibits or inhibits the free operation of the taxi business and resulting in the Plate not being operated for a period of one month or longer no freight shall be paid by Lynk. If Freight has already been paid credit shall be allowed against the next Freight payment.
  • The Parties enter in to the agreement in full knowledge of the Regulations that govern the operation of SPSV’s in Ireland and each party indemnifies the other against all clams, actions or demands associated in any way with the agreement.
  • Lynk’s Terms and Conditions Apply – see Lynk.ie.
  • The parties indemnify each other against all loss, consequential loss, claims, actions or demands either directly or indirectly associated with the agreement.
  • The parties agree that they have had opportunity to seek legal advice regarding the agreement.
  • This is a binding agreement and in the unlikely event of a dispute the decision of Courts of Ireland shall be binding on the Parties.

SCHEDULE 1

PROHIBITED ITEMS

Lynk reserves the right to refuse delivery of any item and in particular we will not accept for delivery any of the following items:

  • Acetone
  • Aerosols (of any kind including saline solution, cosmetics)
  • Aluminium Chloride
  • Arsenic
  • Asbestos
  • Batteries (Liquid)
  • Benzene
  • Beryllium
  • Blasting Caps
  • Bromates
  • Bullion
  • Butane
  • Calcium Carbide
  • Carbon dioxide
  • Caustic Soda
  • Cellulose
  • Chlorates
  • Chlorine
  • Cleaning Fluids
  • Corrosive Fluids
  • Corrosive Paint Remover
  • Corrosive substances (including acids and batteries)
  • Cyanide
  • Debit/Credit Cards and Blank Cheques
  • Dry Ice (Solid Carbon Dioxide)
  • Ethane
  • Explosive substances (including fireworks, gas cylinders, ammunition or crackers)
  • Fibreglass Compounds
  • Fire Extinguishers
  • Fissile Material (Uranium 235 etc.)
  • Flammable substances (including matches, lighters)
  • Flares
  • Fluorine
  • Furs
  • Fuses
  • Gasoline
  • Hazardous or combustible material (as defined in the regulations of the International Air Transport Association (IATA))
  • Human remains including ashes
  • Hydrochloric Acid
  • Hydrogen
  • Igniters
  • Illegal narcotics
  • Industrial Diamonds
  • Infectious substances (including medical samples, biological samples or serums)
  • Ivory
  • Lighter Fuel
  • Magnetised material
  • Matches
  • Mercury
  • Mercury Salts
  • Metallic Magnesium
  • Methane
  • Mustard Gas
  • Negotiable instruments
  • Neon
  • Nitrates
  • Nitrobenzine
  • Nitrocellulose Film
  • Nitrogen
  • Nitrogen Dioxide
  • Nitroglycerine
  • Nitric Acid
  • Paint Remover
  • Paint Thinner
  • Paraffin
  • Pathogenic Material
  • Perchlorates
  • Perishable items
  • Permanganates
  • Peroxides
  • Petroleum
  • Phosphorous
  • Plants and plant products (seeds and tobacco)
  • Pornography
  • Potassium
  • Propane
  • Radioactive Waste Material (Uranium or Thorium Ores etc.)
  • Rat Poison
  • Selenide
  • Serum
  • Sodiums
  • Sodium Hydride
  • Solvents
  • Sulphuric Acid
  • Vaccines
  • Works of art
  • Zinc Powder

The above list is non-exhaustive and may be amended from time to time.