This Pickup Driver Terms & Conditions Agreement (the “Agreement”) constitutes a legal agreement between you, an individual (“you”) and TOWR Portal (the “Company”).
The Company provides lead generation to independent providers car pickup services for broken down vehicles using the TOWR Services (as defined below).
The TOWR Services enable an authorised vehicle breakdown provider to seek, receive and fulfil requests for breakdown assistance from an authorised user of TOWR’s mobile application. You desire to enter into this Agreement for the purpose of accessing and using the TOWR Services. You acknowledge and agree that the Company is a technology services provider that does not provide vehicle breakdown assistance services.
In order to use the TOWR Services, you must agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, you and Company shall be bound by the terms and conditions set forth herein.
IMPORTANT: PLEASE NOTE THAT TO USE THE TOWR SERVICES, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY VIRTUE OF YOUR ELECTRONIC EXECUTION OF THIS AGREEMENT YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION.
1.1. “Company Data” – means all data related to the access and use of the TOWR Services hereunder, including all data related to Users (including User Information), all data related to the provision of Towing Services, the Driver App, and the Driver ID.
1.2. “Driver App” – means the mobile application provided by Company that enables vehicle recovery providers access the TOWR Services for the purpose of seeking, receiving and fulfilling on demand requests for vehicle recovery services by Users, as may be updated or modified from time to time.
1.3. “Driver ID” – means the identification and password assigned by the Company to enable you to use and access the Driver App;
1.4. “TOWR Services” – mean TOWR’s on-demand lead generation and related services licensed by the Company that enables you seek, receive and fulfil on-demand requests for vehicle recovery services by Users; such services include access to the Driver App and Company software, websites, payment services and related support services as may be updated or modified from time to time.
1.5. “Towing Services” – means your provision of vehicle recovery services to Users via the TOWR Services using the Vehicle;
1.6. “User(s)” – means an end user authorized by the Company to use the TOWR mobile application for the purpose of obtaining Towing Services;
1.7. “User Information” – means information about a User made available to you in connection with such User’s request for and use of Towing Services, which may include the User’s name, pick-up location, contact information and photo;
1.8. “User Vehicle” – means the vehicle owned or driven by the User and which requires the vehicle recovery service;
1.9. “Vehicle” – means your vehicle that is registered with the Company and meets the then-current Company requirements for a vehicle to operate the Towing Services;
2.1. The Company will issue you a Driver ID to access and use the Driver App in accordance with this Agreement. The Company reserves the right to deactivate your Driver ID if you have not fulfilled a request for Towing Services using the Driver App at least once a month. You agree to maintain your Driver ID in confidence and not share your Driver ID with any third party. You will immediately notify the Company of any actual or suspected breach or improper use or disclosure of your Driver ID or the Driver App.
2.2. The Driver App shall be maintain active on all working hours. When the Driver App is active, User requests for Towing Services may appear to you via the Driver App if you are available and in the vicinity of the User. If you accept a User’s request for Towing Services, the TOWR Services will provide you with certain User Information via the Driver App, including the User’s first name and pickup location. You will obtain the destination for the broken-down vehicle from the User, via the Driver App. You acknowledge and agree that once you have accepted a User’s request for Towing Services, TOWR’s mobile application may provide certain information about you to the User, including your first name, contact information, photo and location, and your Vehicle’s make and license plate number. You shall not contact any User or use or share with any third party any User’s personal data for any reason other than for the purposes of fulfilling the Breakdown Service request.
2.3. You acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Towing Services; and (b) except for the TOWR Services, you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform the Towing Services.
2.4. You acknowledge and agree that your provision of Towing Services to Users creates a direct business relationship between you and the User. The Company is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your Vehicle. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your provision of Towing Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper. You acknowledge and agree that the Company may release your contact and/or insurance information to a User upon such User’s reasonable request. You acknowledge and agree that, unless specifically consented to by a User, you may not transport or allow inside your Vehicle individuals, including but not limited to the User, during the performance of Towing Services. You acknowledge and agree that the User Vehicle must be transported directly to the specified destination without unauthorized interruption or unauthorized stops.
2.5. You acknowledge and agree that the Company’s provision to you of the Driver App and the TOWR Services creates a direct business relationship between the Company and you. The Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Towing Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilise the Driver App and/or TOWR Services. You retain the option, via the Driver App, to attempt to accept or to decline or ignore a User’s request for Towing Services. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to: (i) use other software application services in addition to the TOWR Services; and (ii) engage in any other occupation or business. The Company retains the right to deactivate or otherwise restrict you from accessing or using the Driver App or the TOWR Services in the event of a violation or alleged violation of this Agreement, your criticism of the Company, your act or omission that causes harm to the Company brand, reputation or business as determined by Company in its sole discretion.
2.6. Ratings
2.6.1. You acknowledge and agree that: (a) after receiving Towing Services, a User will be prompted by TOWR’s mobile application to provide a rating of you and such Towing Services and, optionally, to provide comments or feedback about you and such Towing Services; and (b) after providing Towing Services, you will be prompted by the Driver App to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide your ratings and feedback in good faith and the use of derogatory terms or expletives is strictly forbidden.
2.6.2. You acknowledge that the Company desires that Users have access to high-quality services via TOWR’s mobile application. To receive continued access to the Driver App and the TOWR Services, you must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Company, as may be updated from time to time by Company in its sole discretion (the “Minimum Average Rating”). Your average rating is intended to reflect Users’ satisfaction with your Towing Services rather than your compliance with any of Company’s policies or recommendations. In the event your average rating falls below the Minimum Average Rating, the Company will notify you and may provide you, at the Company’s sole discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), the Company reserves the right to deactivate your access to the Driver App and the TOWR Services. Additionally, you acknowledge that your repeated failure to accept User requests for Towing Services while you are logged in to the Driver App creates a negative experience for Users of TOWR’s mobile application. If you do not wish to accept User requests for Towing Services for a period of time, you agree that you will log off of the Driver App.
2.6.3. You acknowledge to reach the pickup point within a maximum 30 minutes.
2.7. You acknowledge and agree that your geo-location information must be provided to the TOWR Services via the device in order to provide Towing Services. You acknowledge and agree that: (a) your geo-location information may be obtained by the TOWR Services while the Driver App is running; and (b) the approximate location of your Vehicle will be displayed to the User before and during the provision of Towing Services. In addition, the Company may monitor, track and share with third parties your geo-location information obtained by the Driver App and device for safety and security purposes.
3.1. You acknowledge and agree that at all times, you shall: (a) hold and maintain (i) a valid driver's license, and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide Towing Services; (b) possess the appropriate and current level of training, expertise and experience to provide Towing Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background checks from time to time in order to qualify and remain eligible to provide, Towing Services. You acknowledge and agree that the Company reserves the right, at any time in the Company’s sole discretion, to deactivate or otherwise restrict you from accessing or using the Driver App or the TOWR Services if you fail to meet the requirements set forth in this Agreement.
3.2. To ensure your compliance with all requirements of this Agreement, you must provide the Company with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to your provision of any Towing Services. Thereafter, you must submit to the Company written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. The Company shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. The Company reserves the right to independently verify your documentation.
3.3. You must refrain from any kind of malpractices, without limitation, attempt to influence or intimidate the customer to have an arrangement other than through the App.
3.4. You should not promote yourself over Towr with any existing customers of Towr. Any violation of this condition will result in a penality of AED 500/- on You per incident.
3.5. You should not pitch or induce the Customer to pay You directly to take a return fare, without the Customer booking a trip on the Towr App.
3.6. You must be responsible to maintain the good will of the Towr App and should not malign the image of Towr in front of the Customer.
3.7. Prior to picking up a trip, You must verify and understand the location of the Customer, the distance and time required to reach there in the ordinary cource of traffic. Once You accept the trip, you must comply with that assignment and any non-compliance of such acceptance for whatsoever reason shall result in a fine of AED 50 on You.
4.1. You are entitled to charge a fare for each instance of completed Towing Services provided to a User that are obtained via the TOWR Services (“Fare”), where such Fare is calculated based upon the fee formula as determined by the Company. You acknowledge and agree that the Fare provided is the only payment you will receive in connection with the provision of Towing Services. You: (i) appoint Company as your limited payment collection agent solely for the purpose of accepting the Fare on your behalf via the payment processing functionality facilitated by the ETWO Services; and (ii) agree that payment made by the User to the Company shall be considered the same as payment made directly by the User to you.
4.2. In the circumstance where the User wishes to pay cash, you will be informed via the Driver App of this requirement prior to accepting the assignment, and you must hand over the TOWR fees within 5 days, or it will be consedred a petration of trust from your side.
4.3. You approved that the first party TOWR can receive the service fee on his bank account.
4.4. The Company reserves the right to change the method of Fare calculation at anytime in Company’s discretion and the Company will provide you with notice in the event of such changes. Continued use of the TOWR Services after any such change shall constitute your consent to such change.
4.5. In consideration of Company’s provision of the Driver App and the TOWR Services for your use and benefit hereunder, you agree to pay the Company a service fee on a per Towing Services transaction basis of Fifteen Percent (15%) (“Service Fee”). The Company reserves the right to change the Service Fee at any time in the Company’s discretion and the Company will provide you with notice in the event of such change. Continued use of the Towing Services after any such change in the Service Fee calculation shall constitute your consent to such change.
4.6. You aknowlage in case of expiration or tirmenation of this contract, you must hand over TOWR fees within 5 days, or it will be consedred a petration of trust from your side.
4.7. You approved that the service fees receipt will be generated by the system automatically.
4.8. You will be responsible for the payment of any tax, including the VAT applicable at the time of payment, with respect to the fee received by you for your services for the teaxable period.
5.1. Subject to the terms and conditions of this Agreement, the Company hereby grants you a non-exclusive, non-transferable license, during the term of this Agreement, to use the TOWR Services (including the Driver App) solely for the purpose of providing Towing Services to Users and tracking resulting Fares and Fees.
5.2. The TOWR Services, Driver App and Company Data, including all intellectual property rights therein are and shall remain the property of Company. Neither this Agreement nor your use of the TOWR Services, Driver App or Company Data conveys or grants to you any rights in or related to the TOWR Services, Driver App or Company Data, except for the limited license granted above. Other than as specifically permitted by the Company you are not permitted to use or reference in any manner the Company’s names, logos, products, trademarks, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the "TOWR Marks and Names") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the TOWR Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
6.1. The Parties acknowledge and agree that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Company Data, Driver IDs, User Information and such other non-public information of each party (whether disclosed in writing, via the Driver App or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.
6.2. The Parties acknowledge and agree that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party.
6.3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
The Company may, but shall not be required to, provide to you, a User, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information and any Company Data) about you or any Towing Services provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident; (b) it is necessary to enforce the terms of this Agreement; (c) it is required, in Company’s sole discretion, by applicable law or regulatory requirements; (d) it is necessary, in Company’s sole discretion, to (1) protect the safety, rights, property or security of Company, the TOWR Services or any third party; (2) to protect the safety of the public for any reason including the facilitation of insurance claims related to the TOWR Services; (3) to detect, prevent or otherwise address fraud, security or technical issues; (4) to prevent or stop activity which Company, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity); or (e) it is required or necessary, in Company’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the TOWR Services. You understand that the Company may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.
8.1. You agree to maintain during the term of this Agreement on the Vehicle operated by you under this Agreement liability insurance that provides protection against bodily injury to Users and their property at levels of coverage that satisfy the minimum requirements to use the Towing Services and engage with a given User. You agree to provide the Company a copy of the insurance policy and proof of premium payment for the insurance policy required. Furthermore, you must provide the Company with written notice of cancellation of any insurance policy required by the Company. The Company shall have no right to control your selection or maintenance of your policy. If you have any questions about the scope or applicability of your own insurance coverage, it is your responsibility, not that of the Company, to resolve them with your insurer(s).
8.2. You agree to maintain during the term of this Agreement insurance for yourself against industrial injuries. Should you choose not to insure yourself against industrial injuries, you do so at your own risk.
9.1. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder and (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement.
9.2. THE PARTIES ACCEPT, THE TOWING SERVICES AND DRIVER APP ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE TOWING SERVICES OR DRIVER APP: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR TOWING SERVICES. THE COMPANY FUNCTION’S AS AN ON-DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE USERS WHO MAY REQUEST OR RECEIVE TOWING SERVICES FROM YOU, AND THE COMPANY DOES NOT SCREEN OR OTHERWISE EVALUATE USERS. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE TOWR SERVICES OR DRIVER APP. NOTWITHSTANDING COMPANY’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT BY YOU FOR THE PURPOSE OF ACCEPTING PAYMENT FROM USERS ON YOUR BEHALF THE COMPANY EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY USER OR OTHER THIRD PARTY.
You shall indemnify, defend (at Company’s option) and hold harmless Company and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses, legal fees, damages, penalties, fines and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Towing Services or use of the TOWR Services.
THE COMPANY SHALL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OF BUSINESS, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR THE COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO, IN NO EVENT SHALL THE LIABILITY OF COMPANY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY PAID TO OR DUE TO THE COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12.1. This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.
12.2. Either Party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior written or email notice to the other Party; (b) immediately, without notice, for the other Party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other Party, or upon the other Party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, the Company may terminate this Agreement or deactivate your Driver ID immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of the Company, to provide Towing Services.
12.3. The first party TOWR has the full right to terminate this contract at any time without reason, in case of that the first party will not compensate the the second party in the result of terminating the contract, and the second party undertakes that he waves all his
12.4. Upon termination of the Agreement, you shall: (a) promptly delete and fully remove the Driver App. Outstanding payment obligations and ALL your obligations Agreement shall survive the termination of this Agreement.
13.1. Any notice delivered by the Company to you under this Agreement will be delivered by email to the email address associated with your account. Any notice delivered by you to the Company under this Agreement will be delivered by contacting Company at the “Contact Us” section of the website www.towr.ae
14.1. This Agreement shall be governed by and construed in accordance with the law of the UAE. The Parties hereby submits to the exclusive jurisdiction of the UAE Courts.