Terms of Use 

​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.
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General information

A.  Your contracting party is ACT Cabs Pty Ltd ACN 610 943 934. ACT Cabs, through ACT Cabs Pty Ltd and affiliated independent contractors, provides you with the Services, Application and Website (ACT Cabs, we, us, our, the company).
 
B.  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.
 
C.  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. 
 
D.  Further information about ACT Cabs can be found at www.actcabs.com.au

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Clause 1.0 - General terms and conditions
1.1.  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.

1.2.  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.


Clause 2.0 - Your agreement with us
2.1.  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 may 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.

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Clause 3.0 - Express Booking (Premium Service Booking Fee)

3.1 If chosen as part of your booking, Express Booking is a premium service, and your booking will get prioritised and provided a service guarantee in line with these terms and conditions.

3.2. The booking will be marked as an 'Express Booking' in ACT Cabs’ internal systems and a service guarantee shall apply in line with the clauses provided herein. 

3.3. The ‘Express Booking’ optional add-on does not guarantee or imply an on time pick up in all circumstances. Nor does the booking jump the queue. The add-on simply marks the booking as an “Express Booking” in ACT Cabs’ internal systems to be serviced sooner.

3.4. You acknowledge and agree that once a booking has been entered into the dispatch, ACT Cabs does not have control over pickup time frames. 

3.5. Express Booking (premium service booking fee) is only applicable when: 

1. You have specifically requested the premium service from ACT Cabs when making the booking; and
2. The booking has been made through ACT Cabs.

3.6. The service and fee for Express Booking (premium service booking fee) is not applicable to: 

1. Rank and hail hirings; or 
2. Bookings made other than through ACT Cabs.

3.7.  Express Booking (premium service booking fee) attracts a service guarantee, given the terms and conditions provided forthwith are complied with.

3.8. Service guarantee:

3.8.1 The service guarantee shall arise and be payable by ACT Cabs Pty Ltd to You, should all of the following conditions be met:

1. The booking must be a pre-booked hiring; and 
2. The hiring must have been booked at least three (3) hours prior to your scheduled taxi pick-up time; and
3. You must allow reasonable time for unforeseen delays, such as the time of day, traffic congestion or weather conditions; and
4. You must specifically request the Express Booking (premium service booking fee) from ACT Cabs when making the hiring; and 
5. The hiring must be made through ACT Cabs Pty Ltd; and
6. The premium service guarantee applies only in relation to your plane, bus or train ticket where delays in ACT Cabs' service impact on your travel.
7. The premium service guarantee is only payable to the person who made the hiring and to no other person.

3.9 Claiming the service guarantee:

3.9.1 When claiming the service guarantee You must:

1. Produce evidence of your booking with ACT Cabs and the inclusion of Express Booking (premium service booking fee); and 
2. Produce evidence of your plane, bus or train ticket which includes the date and time of the scheduled journey with the plane, bus or train; and
3. Produce evidence of delays in ACT Cabs’ service and the adverse impact on your plane, bus or train travel; and
4. Ensure the claim is made within 14 calendar days of the scheduled taxi travel date with ACT Cabs; and
5. ​Send your bank account details including the account name, account number and BSB number for the payment of the service guarantee; and
6. Provide the evidence in writing to ACT Cabs Pty Ltd by emailing [email protected]; and 
7. ACT Cabs may request further reasonable evidence if required to assess the claim.

3.10 Quantum of service guarantee:

3.10.1 The quantum of the service guarantee shall be based on the taxi fare amount, or the estimated taxi fare amount that:

1. You took with ACT Cabs; or 
2. Were scheduled to take with ACT Cabs but the fare did not proceed; and
3. Whichever is greater.

3.10.2 An estimated taxi fare amount shall be calculated via the ACT Cabs fare estimator available on the ACT Cabs website.

3.10.3 The service guarantee shall not exceed $300 (including GST) per claim.

3.11 Premium Service Booking Fee:

3.11.1 The Premium Service Booking Fee shall be equal to and not exceed the maximum amount stipulated in the most recent legislative instrument made pursuant to s 60 of the Road Transport (Public Passenger Services) Act 2001 (ACT).


Clause 4.0 - Payment
4.1.  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.

4.2.  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 except as required under the Australian Consumer Law or other applicable legislation.

4.3.  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.

4.4.  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.

​4.5.  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.


Clause 5.0 - Links to Third Party Sites
5.1.  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.
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5.2 These other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or produce polices on those websites prior to using them.


Clause 6.0 - No Unlawful or Prohibited Use
6.1.  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.

6.2.  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. 

6.3.  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.

6.4.  You must 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.

6.5.  You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

6.6.  You will only use the Services or download the Application for your sole, personal use and will not resell it to a third party.

6.7.  You must keep secure and confidential your account password or any identification we provide you which allows access to the Service.

6.8.  ACT Cabs reserves the rights to immediately terminate the Services and use of the Application should you not comply with any of the terms.

6.9.  ACT Cabs reserves the rights to seek damages for breach should you not comply with any of the terms.


Clause 7.0 - Use of Communication Services
7.1.  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.

1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
2. 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.
3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
4. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
6. 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.
7. 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.
8. Restrict or inhibit any other user from using and enjoying the Communication Services.
9. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
10. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
11. Violate any applicable laws or regulations.

7.2.  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.

7.3. 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.

7.4. 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.

​7.5.  Drivers and taxi owners are not authorised ACT Cabs spokespersons, and their views must not be taken to reflect an official view, opinion or statement of ACT Cabs.

7.6. 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.


Clause 8.0 - Term and termination
8.1. The agreement between ACT Cabs and you is concluded for an indefinite period.

8.2.  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.

8.3.   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:

1. violate or breach any term of these Terms and Conditions, or
2. 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.

​Clause 9.0 - Materials Provided to ACT Cabs or posted on the Website
9.1.  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.

9.2.  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.

9.3.  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.


Clause 10.0 - Information for Personal, Non-Commercial Use Only
10.1. You agree that information provided by to you by ACT Cabs in connection with the Services is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence).

10.2. You may download material from our Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our Services including code and software. You must not use our Services for any purpose that is unlawful or prohibited by these terms of use.

10.3. 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.


Clause 11.0 - Privacy
11.1. 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.

11.2 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.

11.3. 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:

1. 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;
2. the individual would reasonably expect ACT Cabs to use or disclose the information for the secondary purpose; or
3. the individual has consented to the use or disclosure; or
4. if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
5. it is impractical for ACT Cabs to seek the individual’s consent before that particular use; and
6. 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
7. the individual has not made a request to ACT Cabs not to receive direct marketing communications; and
8. 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
9. 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.

11.4. 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.​

11.5 You agree that you have read and understood the most recent version of the ACT Cabs Pty Ltd Privacy Policy.


Clause 12.0 - Liability Disclaimer
12.1. 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.

12.2 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.

12.3. 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.

12.4. To the maximum extent permitted by applicable law, in no event shall ACT Cabs and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if ACT Cabs or any of its suppliers has been advised of the possibility of damages.

12.5. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your remedy is to discontinue using the Services. Service contact: [email protected]. You may also have rights to remedies under the Australian Consumer Law or other applicable legislation. This clause does not limit those rights.


Clause 13.0 - Indemnification
13.1. By accepting these terms and conditions and using the Services, to the maximum extent permitted by law, you hereby 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.


Clause 14.0 - Termination/Access Restriction
14.1. 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.

14.2. To the maximum extent permitted by law, this agreement is governed by the laws of the Australian Capital Territory (ACT), Australia and you hereby consent to the exclusive jurisdiction and venue of courts in the Australian Capital Territory (ACT), Australia in all disputes arising out of or relating to the use of the ACT Cabs Web Site or services.


Clause 15.0 - Copyright and Trademark Notices:
15.1. All contents of the ACT Cabs Services are: Copyright of ACT Cabs and/or its suppliers.

15.2 All rights are reserved.


Clause 16.0 - Trademarks
16.1. 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.

16.2. Any rights not expressly granted herein are reserved.


Clause 17.0 - Copyright
17.1. 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.

17.2. 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.


Clause 18.0 - Ownership of Content
18.1. The Site and all of its contents including, but not limited to, all text, logos, videos and images ("Content") are owned and copyrighted by ACT Cabs Pty Ltd or others with all rights reserved unless otherwise noted. This Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the registered and/or unregistered trade mark of ACT Cabs Pty Ltd.

18.2. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of ACT Cabs or any such third party that may own a Mark displayed on the Site. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that ACT Cabs will aggressively enforce its/their intellectual property rights to the fullest extent of the law.


Clause 19.0 - Direct marketing
19.1. We may use your personal information, including your contact details, to provide you with information about products and services which we consider may be of interest to you. At any time you may advise us that you do not wish to receive marketing communications.

19.2. You may opt out at any time if you no longer wish to receive marketing information or do not wish to receive marketing information through a particular channel (such as by email, telephone, SMS, or mail). If you do not want us to send you marketing communications, you can opt out at any time by using the unsubscribe option available or by emailing [email protected].


Clause 20.0 - Severability
​20.1.  If any part, term, condition, warranty or provision of this Agreement is held to be void, unenforceable, in conflict with any law or otherwise invalid, such determination shall not affect the remainder of this Agreement, which shall continue to be in force.

​20.2  The rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, condition, warranty or provision held to be void, unenforceable or invalid.


​Clause 21.0 - Survival
21.1. The termination or expiry of this Agreement will not affect any rights, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including any rights to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.

21.2.  Without limiting clause 21.1, the following provisions will survive the termination or expiry of this Agreement:

1. Intellectual Property Rights; 
2. Liability and Indemnities;
3. Dispute Resolution and Governing Law; and
4. Any other provision which by its nature or by implication is intended to survive termination or expiry.

Clause 22.0 - Dispute resolution
22.1.  Before commencing any court or tribunal proceedings (except for urgent injunctive relief), the parties must use their best endeavours to resolve any dispute in good faith. 

22.2.  Either party may give the other party written notice of a dispute. Within 14 days of the notice, senior representatives must meet (in person or virtually) to attempt to resolve the dispute. 

22.3.  If the dispute remains unresolved after 30 days, either party may refer the dispute to mediation in the ACT. 

22.4  If mediation fails, either party may then commence proceedings.


Clause 23.0 - Definitions

1. “ACT Cabs”, “we”, “us”, “our”, “the Company” means ACT Cabs Pty Ltd ACN 610 943 934
2. “User”, “you”, “your” means any individual or entity that accesses or uses the Services, including passengers, account holders and visitors to the Website.
3. “Application” means the mobile software supplied by ACT Cabs and installed on your mobile device, which enables you to access and use the Services.
4. “Booking” means a request made by a User through the Application, Website, ACT Cabs call centre or any other means for the provision of a Taxi Service.
5. “Communication Services” means bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, messaging facilities and other communication services provided in connection with the Services.
6. “Driver” means any taxi driver or operator accredited under the Road Transport (Public Passenger Services) Act 2001 (ACT) or the Point to Point (Taxis and Hire Vehicles) Act 2016 (NSW) who is affiliated with ACT Cabs to provide Taxi Services to Users.
7. “Jump Higher in the Queue” or “Premium Service” means the optional priority dispatch service (add-on) described in clause 3, for which a premium service booking fee may be charged.
8. “Linked Site” means any third-party website linked to or from the Application or Website.
9. “Personal Information” has the meaning given in the Privacy Act 1988 (Cth).
10. “Services” means the taxi booking, dispatch, payment, administrative service, ICT service, communication and related services provided by ACT Cabs through the Application, Website, other digital platforms, or any other method, including any ancillary services notified to Users from time to time.
11. “Taxi Service” means the provision of passenger transport by a Driver operating an accredited taxi vehicle.
12. “Terms” or “Agreement” means these Terms and Conditions, as amended from time to time.

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Clause 24.0 - Unacceptable customer behaviour
24.1 We may cancel, suspend or restrict a service if we reasonably believe you or your authorised representative have:

1. Communicated or behaved in a an inappropriate, aggressive or unacceptable manner towards our staff, partners, contractors, drivers, or their staff and premises.​
2. Behaved in a manner that places excessive or unreasonable demand on our employees, partners, drivers or contractors.
3. ​Dishonoured one or more bookings without providing prior cancellation notice.

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Clause 25.0 - Applicable Law
25.1. 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. 

25.2. The Parties hereto agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and those courts having appellate jurisdiction.