9.1 Payments to and from You made under this Agreement will be administered via the Driver Wallet, and You grant to GROUP20.LIMO the full power and authority to receive any amounts payable to You on Your behalf and to deduct any amounts payable to GROUP20.LIMO in accordance with this Agreement. Subject to the terms of this Agreement, You may withdraw the balance in Your Driver Wallet via the Driver Application. You must designate a valid local currency account with a bank in the Territory to receive such balance.
Driver Application
9.2 Payment for Your use of the Services shall be made in accordance with clause 9.8. The download and/or use of the Driver Application is provided for You to receive the Services and is not provided on a royalty-free basis.
User Fees and Additional Charges
9.3 You are not entitled to charge Users a fee for Transportation Services, which may include:
9.3.1 a fee (metered or otherwise) for each instance of Transportation Services;
9.3.2 any other amounts payable by the User to You in accordance with the User Terms of Use or the Policies; and
9.3.3 any applicable taxes in respect of the above, calculated in accordance with Applicable Law (together, the User Fees).
9.4 You may be allowed to charge Users and/or other parties certain additional fees, which may include:
9.4.1 any tolls, road-usage charges, parking charges, building or area entrance charges, and any other applicable surcharges (such as but not limited peak hour and midnight surcharges), necessarily incurred by You during the provision of Transportation Services;
9.4.2 any cancellation charges;
9.4.3 any other amounts in accordance with the User Terms of Use or the Policies; and
9.4.4 any applicable taxes in respect of the above, calculated in accordance with Applicable Law (together, the Additional Charges).
9.5 As part of the Services, GROUP20.LIMO facilitates the User’s payment of the User Fee and Additional Charges by suggesting the fee for each instance of Transportation Services, any cancellation or other charges and/or taxes (as applicable), which are calculated via the Driver Application or via the Mobile Data Terminal located in Your Vehicle (where applicable).
All other charges must be manually entered by You into the Driver Application (without mark-up). If You fail to enter such amounts, You may not be able to recover them. You have the right to agree with the User on a different fee for provision of the Transportation Services, such agreed fee to be applied only after notification to GROUP20.LIMO and reflected as the fee for Transportation Services in the Driver Application.
9.6 GROUP20.LIMO may update the basis on which any component of User Fees or Additional Charges (as applicable) is calculated via the Driver Application, at any time in its absolute discretion. Any such update will be notified to You. Any User Fees or Additional Charges on or after the date on which the update takes effect shall be subject to the updated calculation.
9.7 You acknowledge and agree that GROUP20.LIMO may, to the extent permitted by Applicable Law, adjust or cancel the User Fees or Additional Charges (or any part thereof) payable in connection with a particular instance of Transportation Services, acting reasonably (for example, where Group20.limo determines that there is an error in the original calculation, that You have not complied with this Agreement or the Policies, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint from a User).
Payment Methods
9.8 Users may choose to pay the User Fees, the Additional Charges, and any other amounts payable by Users to Group20.limo, by the payment methods offered via the User Application from time to time, including (where applicable) cash, credit or debit card or by using Vouchers, as follows:
9.8.1 for cash payments, Users will pay the User Fees and Additional Charges payable to You, and any other amounts payable by Users to GROUP20.LIMO, directly to You. For this purpose, You agree to collect any amounts payable by Users to GROUP20.LIMO on behalf of GROUP20.LIMO, and that GROUP20.LIMO is entitled to deduct such amounts, together with any other amounts You owe to GROUP20.LIMO (including the Service Fee) from Your Driver Wallet; and
9.8.2 for any non-cash payments, the amount of the User Fees and Additional Charges, after deduction of any amounts owed to GROUP20.LIMO (including the Service Fee), will be credited into Your Driver Wallet via the Driver Application.
Incentive Payments
9.9 GROUP20.LIMO may from time to time, in its sole discretion, offer incentive payments based on You meeting specified criteria and complying with specified conditions, this Agreement and the Policies. You have absolute discretion as to whether or not to participate in the offer. If You do decide to participate, any incentive payments are conditional on You meeting all of the specified criteria and complying with all of the specified conditions, this Agreement and the Policies to GROUP20.LIMO’s reasonable satisfaction. If You do not do so, You may not receive the relevant incentive payments. If You receive an incentive payment, the amount of the payment will be credited into Your Driver Wallet.
Service Fees
9.10 GROUP20.LIMO will receive a service fee equal to a certain percentage of the User Fees, or may deduct a flat amount from the User Fees (less any applicable tax component therein) received or receivable by You, on a per-transaction basis, as payment for Your use of the Services (Service Fees).
Service Fees shall be inclusive of VAT/GST. Service Fees are non-refundable. The relevant percentage will be calculated via the Services from time to time and may be applied at any time by GROUP20.LIMO.
GROUP20.LIMO may update the basis on which the Service Fees are calculated via the Services, at any time in its absolute discretion. Any such update will be notified to You. Any Service Fees payable to GROUP20.LIMO on or after the date on which the update takes effect will be subject to the updated calculation. As part of the Services, a receipt or transaction history will be generated for each instance of Transportation Services, documenting the User Fees payable by the User in each instance.
9.11 GROUP20.LIMO will deduct the Service Fees, as well as any amount You owe to GROUP20.LIMO or its Group of Companies and any other amounts GROUP20.LIMO is required to withhold or deduct by Applicable Law, from Your Driver Wallet, at a frequency determined by GROUP20.LIMO in its discretion from time to time.
9.12 You acknowledge and agree that GROUP20.LIMO may:
9.12.1 require You to maintain an amount of money above a certain threshold in Your Driver Wallet, as determined and specified by GROUP20.LIMO at its sole discretion from time to time;
9.12.2 deduct or set-off from amounts owed to You (including the User Fees or any incentive payments) any amounts that You owe to GROUP20.LIMO (including the Service Fees), or require You to remit to GROUP20.LIMO any amounts that have been incorrectly remitted to Your designated bank account;
9.12.3 where You have authorized a third party to receive amounts in Your Driver Wallet, disable the function allowing You to withdraw the balance in Your Driver Wallet, and/or remit such amounts to such third party and, for this purpose, GROUP20.LIMO shall be entitled to rely on any written authorization provided to GROUP20.LIMO by You and/or such third party without further inquiry; and
9.12.4 without prejudice to GROUP20.LIMO’s other rights and remedies, suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or may involve any criminal activity or where it reasonably believes You or the User are in breach of this Agreement or the Policies. In such an event, You shall not hold GROUP20.LIMO liable for any withholding of, delay in, suspension of, or cancellation of, any payment (including any User Fees or incentive payments) to You, and for this purpose, GRUP20.LIMO shall be entitled to deduct any amounts from Your Driver Wallet.
Taxes
9.13 This Agreement shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.
9.14 You agree that You are solely responsible for taxes on Your own income arising from Your performance of the Transportation Services. You warrant that You will perform the necessary obligations imposed by the relevant tax or revenue authority in relation to the reporting of Your income and payment of taxes on the same.
9.15 You agree that GROUP20.LIMO may in its sole discretion (but subject always to clause 8) declare, collect and/or pay any relevant taxes on Your behalf, and disclose all necessary or relevant information to the relevant tax or revenue authority for such purposes. To the extent authorized or permitted under Applicable Law, GROUP20.LIMO shall be entitled to withhold or deduct any amounts from Your Driver Wallet for the purpose of declaring, collecting, and/or paying any relevant taxes on Your behalf.
9.16 You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend GROUP20.LIMO to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services.