Agreement between User and ACT Cabs Pty Ltd.
The following are terms and conditions (Terms and Conditions) that apply to your visit to and your use of our website at www.actcabs.com.au (Website), our Services and Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through our Website, Service and/or Application.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.
Your contracting party is ACT Cabs Pty Ltd ACN 610 943 934. ACT Cabs, through ACT Cabs, provides you with the Services, Application and Website (ACT Cabs, we, our).
ACT Cabs is a Taxi Booking and Payment Service enabling you to book, and pay for, a taxi cab through the use of an application supplied by ACT Cabs and downloaded and installed by you on your single mobile device (smartphone) (Application) or via our Website. ACT Cabs connects you to taxi drivers so that taxi drivers may pick you up and take you where you need to go. The Application allows you to track the taxi driver’s location and manage other functions. All services provided to you by means of you use of the Application and/or Website are collectively referred to as the Service.
ACT Cabs does not provide transportation services. ACT Cabs facilitates the formation and administration of travel arrangements between you and taxi drivers. By using our Services, you are acknowledging that ACT Cabs is not providing you with transportation services and agreeing that ACT Cabs has no responsibility or liability for any transportation services provided to you by taxi drivers.
Further information about ACT Cabs can be found at www.actcabs.com.au
1. General terms and condition
By registering on our Website or Application, you consent to the validity of these Terms and Conditions. Neither the registration nor the use of the complete spectrum of Services shall be possible without explicit consent to these Terms and Conditions.
We reserve the right to amend these Terms and Conditions at any time. Following such amendment, the continued use of our Services by you is subject to your consent to such amended terms and conditions. Your continued use of the Services following posting of any changes to this agreement constitutes acceptance of those changes. It is your responsibility to check this agreement periodically for changes. ACT Cabs may also, in the future offer news services and/or features through the Services. Such new features and/or services shall be subject to these Terms and Conditions.
2. Your agreement with us
By using our Services you are entering into an agreement with ACT Cabs to be bound by these Terms and Conditions. In order to be able to first use our Services, you first need to sign up with us. When signing up, you are obliged to provide ACT Cabs with your personal information. Upon successful completion of your signing up with us, we will provide you with a personal account, accessible for you with a password of your choice. You may also choose to provide ACT Cabs with your credit card or Cabcharge account details.
We shall charge you for the taxi services provided to you by the taxi drivers on behalf of the taxi drivers. You agree that you will pay for all taxi services, and that we may charge your credit card or Cabcharge account as provided by you for the taxi services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing ACT Cabs with a valid credit card or Cabcharge account for payment of all fees at all times. Any payment made is non-refundable.
Charges to you are based on the government regulated metered fares and any tolls that may apply to your ride. You agree to pay an additional service fee of 5% in New South Wales and the Australian Capital Territory. This charge will be added to your taxi fare at the end of your trip.
If we use a third-party payment processor (the "Payment Processor") to link your credit card account to the Service, this paragraph will apply. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions. We are not responsible for any errors by the Payment Processor. In connection with your use of the Services, we will obtain certain transaction details, which we will use solely in accordance with its Privacy and Cookie Notice.
4. Links to Third Party Sites
The ACT Cabs Services may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of ACT Cabs and ACT Cabs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACT Cabs is not responsible for webcasting or any other form of transmission received from any Linked Site. ACT Cabs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACT Cabs of the site or any association with its operators.
5. No Unlawful or Prohibited Use
You warrant that the information you provide to ACT Cabs is accurate and complete. We are entitled at all times to verify the information that you have provided and to refuse the Service without providing reasons.
You may only access the Service using authorised means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible mobile device or you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorised device.
As a condition of your use of the Services, you warrant to ACT Cabs that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You will only use the Services or download the Application for your sole, personal use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
ACT Cabs reserves the rights to immediately terminate the Services and use of the Application should you not comply with any of the above rules.
6. Use of Communication Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ACT Cabs has no obligation to monitor the Communication Services. However, ACT Cabs reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ACT Cabs reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ACT Cabs reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ACT Cabs's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ACT Cabs does not control or endorse the content, messages or information found in any Communication Service and, therefore, ACT Cabs specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised ACT Cabs spokespersons, and their views do not necessarily reflect those of ACT Cabs.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
7. Term and termination
The agreement between ACT Cabs and you is concluded for an indefinite period.
You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on your smart phone, or closing down your user account thus disabling the use by you of the Application and the Service.
We are entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Application and the Service) if you:
- violate or breach any term of these Terms and Conditions, or
- in the opinion of ACT Cabs, misuse the Service. We are not obliged to give notice of the termination of the agreement in advance. After termination we will give notice thereof in accordance with these Terms and Conditions.
8. Materials Provided to ACT Cabs or posted on the Website
ACT Cabs does not claim ownership of the materials you provide to ACT Cabs (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively Submissions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACT Cabs, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ACT Cabs is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ACT Cabs's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
9. Information for Personal, Non-Commercial Use Only
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on our Services for establishing, maintaining, advancing or reproducing information contained on our Services on your own website, application or in any other publication, except with our prior written consent.
You agree that ACT Cabs may collect and use, personal information, technical data and related information – including but not limited to technical information about your device, system and application software and peripherals – that is gathered periodically to facilitate the provisions of software updates, product support, and other services to you (if any) related to the Services and to administer those Services. We may also use information to develop new products and services, attend to your enquiries, seek feedback, or tell you about other products or services offered by ACT Cabs and its related companies. We may base this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
We will not use or disclose personal information about you for a purpose (the secondary purpose) other than the primary purpose of collection unless both of the following apply:
- the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
- the individual would reasonably expect ACT Cabs to use or disclose the information for the secondary purpose; or
- the individual has consented to the use or disclosure; or
- if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
- it is impractical for ACT Cabs to seek the individual’s consent before that particular use; and
- ACT Cabs will not charge the individual for giving effect to a request by the individual to ACT Cabs not to receive direct marketing communications; and
- the individual has not made a request to ACT Cabs not to receive direct marketing communications; and
- in each direct marketing communication with the individual, ACT Cabs draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
- each written direct marketing communication by ACT Cabs with the individual (up to and including the communication that involves the use) sets out ACT Cabs’s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address which ACT Cabs can be directly contacted electronically.
The above operates in relation to personal information that ACT Cabs has collected from a related body corporate as if ACT Cabs’s primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.
11. Liability Disclaimer
The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information. ACT Cabs and/or its suppliers may make improvements and/or changes in the Services at any time. Advice received via the Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
ACT Cabs and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. ACT Cabs and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Service contact: firstname.lastname@example.org
By accepting these terms and conditions and using the Services, you agree to indemnify and hold ACT Cabs, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyer’s fees and costs) arising out of or in connections with your use of the Services, including but not limited to your violation of these Terms and Conditions.
13. Termination/Access Restriction
ACT Cabs reserves the right, in its sole discretion, to terminate your access to the ACT Cabs Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of New South Wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of the ACT Cabs Web Site.
14. Copyright and Trademark Notices:
All contents of the ACT Cabs Services are: Copyright 2009 ACT Cabs and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Unless otherwise indicated, copyright in all information and other materials on our Services (including information and its arrangement) is owned by or licensed to ACT Cabs. All rights are reserved.
Nothing contained on this site should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written consent of ACT Cabs.
17. Applicable Law
These Terms and Conditions and all disputes arising in connection with these Terms & Conditions and/or with the use of the Services are governed by the laws of the Australian Capital Territory.