Taxi Apps Pty Ltd
Updated 31 July 2015

Taxi Apps Pty Ltd (“GoCatch” or “we”) provides a software application called GoCatch (the “GoCatch app”) and a system that, amongst other things, lets passengers see nearby available Taxi Drivers on a map, connect in real-time (including by mobile phone) and pay for taxi vehicle transportation services through the GoCatch app (the “GoCatch service”).

The GoCatch service is designed to give you as much control and ownership over how you manage your work as possible, and generally help passengers and drivers connect more efficiently. You however must be responsible for your own use of the GoCatch service and your own behaviour as a Taxi Driver. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others. If you have any questions or feedback on the GoCatch service you can contact us at support@gocatch.com.

SUMMARY OF IMPORTANT TERMS AND CONDITIONS

Service Quality

– Only accept a job if you are confident that you can complete it

– Do not abandon a job once you have accepted it unless absolutely necessary i.e. you are too far away from the pick up location

– When you accept a job, always drive directly to the Passenger’s pick up location

– Always be polite and respectful to the Passenger
           ~ Report any unacceptable Passenger conduct to support@gocatch.com
           ~ Do not talk on the phone, eat or use offensive language during a job

– Always be presentable and have good personal hygiene (this is a common Passenger complaint against some drivers)

Passenger Payments Fraud Prevention

– Passenger Fraud is a serious issue with online payments and we require your help to prevent credit card fraud

– GoCatch is not able to verify passengers or their payment details

– Drivers should only process in-app payments up to a maximum of $170.00 per job and a maximum job duration of 1 hour

– Drivers should never process two transactions to exceed the $170 limit.

– All in-app payments must relate to a job that has been booked and GPS tracked via the GoCatch app.
           ~ Pre-payments are strictly prohibited
           ~ Processing a payment via the app for a job which has not been booked and tracked in app is strictly prohibited

– Any suspect transactions such as:
           ~ overnight jobs lasting more than 1 hour;
           ~ Passengers asking the Driver to wait for extended periods;
           ~ multiple trip destinations not entered via the app; or
           ~ large tips and /or offers to pay more than the metered fare,

must not be processed via the app and should be reported to GoCatch via support@gocatch.com.

Failure to follow the above fraud prevention rules will result in non payment of the fare.

GoCatch offers a $50.00 reward for genuine information leading to the successful closure of a suspicious Passenger account.

Voucher Referrals

– Passenger Referral Codes may only be used to recruit Passengers who regularly use taxi or rideshare booking services

– The use of referral codes and voucher credit by Drivers or their family members is strictly prohibited


1. YOUR USE OF THE GOCATCH SERVICE

1.1 You can only use the GoCatch service if you are and remain a licensed and accredited Taxi Driver and provide and update the required information for registration as a Taxi Driver.

1.2 You agree:

           1.2.1 and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the GoCatch app or contact us directly support@gocatch.com;

           1.2.2 your use of the GoCatch service grants you no rights in relation to our copyright, trademarks or other intellectual property rights (including, without limitation, rights in and to logos, graphics, photographs, animations, videos, GoCatch software, applications and website) or the intellectual property of our partners, other than the non-transferable, personal right to use and receive the GoCatch service in accordance with these Terms;

           1.2.3 that you will not use the GoCatch service: for any unlawful purpose; in any way that interrupts, damages, impairs or renders the GoCatch service less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users (including other passengers or drivers) or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your driving services in the normal course of using the GoCatch service);

           1.2.4 and warrant that: you have all the appropriate licenses, approvals and authority to provide taxi transportation services to passengers; that you own or have the legal right to operate the taxi vehicle you use when using the GoCatch service and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;

           1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation, including without limitation creating any false bookings or otherwise breaching our Driver Code of Conduct;

           1.2.6 and acknowledge that we have no control over the nature and content of communications between you and other users of the GoCatch service. If you have a complaint about another user please contact us via the GoCatch app or via support@gocatch.com;

           1.2.7 that you will comply with all applicable laws and be responsible for the provision of your taxi transportation services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);

           1.2.8 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

1.3 In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate but we can’t guarantee that it will always be accurate or correct and therefore you should keep your own records and use your own judgment when acting on the basis of information provided.

1.4 Please note that we are not responsible for the behaviour, actions or inactions of passengers. Any contract for the provision of taxi transportation services is between you and the passenger, and not GoCatch. GoCatch provides a platform to connect providers of transport services to passengers and to facilitate payments for those services provided, in an agency capacity only.

1.5 You must not accept any job on behalf of another driver. 

1.6 You must not accept any job that you cannot complete immediately.


2. GOODS AND SERVICES TAX (GST)

2.1 GoCatch (the Recipient) will act as agent for you (the Supplier) through GoCatch’s dealings with customers, including arranging bookings and where payment is made via the app, collecting fares, fees and charges.

2.2 Where the customer pays via the app, the Recipient will issue tax invoices in respect of supplies of vehicle transport services from the Supplier within 2 business days.

2.3 Where the Recipient issues tax invoices to the Supplier within the time agreed between the parties, the Supplier will not issue tax invoices in respect of such supplies.

2.4 The Supplier acknowledges that it is registered for GST and that it will notify the Recipient if it ceases to be registered.

2.5 The Recipient acknowledges that it is registered for GST and that it will notify the Supplier if it ceases to be registered or if it ceases to satisfy any requirement of the Australian Taxation Office (ATO) regarding RCTIs.

2.6 The Recipient and the Supplier agree to abide by the requirements from time to time of the ATO regarding RCTIs.


3. PAYMENTS AND FRAUD PREVENTION

3.1 Charges for use of the GoCatch system are set out in the GoCatch app.  Such charges may include individual or periodic job access fees, payment processing fees and/or an account management fee. GoCatch reserves the right to update these charges at any time.

3.2 We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these terms.

3.3 Any fees due to you shall be paid by us less:
(i) any fees for use of the GoCatch service, (ii) any chargebacks where a passenger disputes the services you provided and we believe you have not taken sufficient steps to avoid such fraud; and (iii) any fees or costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay. You agree to co-operate with and support us (including through the provision of relevant information) in the event of a dispute over any transaction.

3.4 The balance of any payments owing to you from passengers will be provided within 5 business days. We may withhold or delay payments to you where:
           (A) Where the owner of the card or Passenger denies authorising or we have reasonable grounds to suspect that the passenger did not authorise the relevant transaction; or
           (B) Pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.

3.5 You acknowledge that payment providers may ask that we or they conduct an audit of your activities to ensure compliance with these Terms and the use of the GoCatch service and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies.

3.6 You acknowledge that GoCatch does not provide payment protection or guarantees in relation to transactions with passengers. This means that you may bear the risk in the event that a transaction proves to be fraudulent or unauthorised, particularly where GoCatch determines that you have not taken sufficient steps to avoid that fraud.

3.7 You acknowledge that although GoCatch requires Passengers to enter contact details and a payment method on registration, GoCatch is not able to verify the identify of Passengers. GoCatch relies on Drivers to detect and report suspicious activity and potential payments fraud.

3.8 You agree that you will terminate any job, not accept payment via the app and notify GoCatch immediately (support@gocatch.com) where any Passenger engages in behaviour that is suspicious. 

Suspicious behaviour would typically include:
           (A) Passengers who take long duration trips with multiple locations, particularly where the Driver is asked to wait for extended periods;
           (B) Passengers who appear to have little regard for the cost of the fare or offer large tips; and
           (C) Passengers who use their GoCatch account to pay for the fare of another Passenger;

3.9 You acknowledge that GoCatch only permits jobs from one location to another lasting no longer than one hour in duration. Booking a driver for a period of time (e.g. for 2 hours) and/or taking payment in advance is strictly prohibited.

3.10 You agree that you will only accept payment via the app for the Passenger who travels in your taxi and owns the GoCatch account.  If you are unsure or suspicious, you should ask the Passenger to show you photo ID which matches their GoCatch account name.

3.11 You agree that you will never provide cash out to a passenger.

3.12 You agree that you will not process any metered fare greater than $170.00 and you will not process more than 1 fare with the same Passenger, in order to breach this in app payment limit.

3.13 You acknowledge that any payment processed by a driver in breach of the above terms, will be withheld for a period of 3 months, in order to ascertain whether the payment has been rejected by the card holder. 

3.14 Any driver who reports suspicious activity which results in the termination of a Fraudulent Passenger or Driver will receive a $50.00 reward.


4. REFERAL PROGRAMS

4.1 GoCatch operates a driver and passenger referral program with the aim of introducing new drivers and genuine Passengers to the Platform. From time to time, GoCatch also offers driver job bonuses.

4.2 You acknowledge and agree that the Passenger Referral Codes may only be used to recruit Passengers who regularly use taxi or rideshare booking services.

4.3 You acknowledge and agree that the use of referral codes and voucher credit by yourself, family members or with other Drivers is strictly prohibited.

4.4 You agree that GoCatch has absolute discretion in determining which Passenger accounts and jobs are considered to be eligible for our referral program.

4.5 We reserve the right to suspend, restrict or terminate your access to the GoCatch Service and withhold any job related payments, if at any time we believe that you have not complied with the above terms and conditions.


5. TERM & TERMINATION

5.1 We may terminate these Terms and close any account you have with us by giving you 1 business day notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you commit a material breach of any of your obligations under these Terms or the Driver Code of Conduct or if you cease to be an accredited driver.

5.2 We reserve the right to suspend, restrict or terminate your access to the GoCatch service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms or the Driver Code of Conduct. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

5.3 You may cancel these Terms at any time by simply closing your account by following the instructions on the GoCatch app.


6. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

6.1 The GoCatch service comes with consumer guarantees under Australian consumer law that cannot be excluded by these Terms. These include that we will provide the GoCatch service with due care and skill.  Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.

6.2 If we fail to comply with a consumer guarantee, our liability will be limited to supplying the GoCatch service again, or paying the cost of having the GoCatch service supplied again.

6.3 Subject to clause 5.1, we are not liable for: (i) the actions or inactions of any passengers (other than in the circumstances set out in clause 2.2) or other drivers; (ii) loss caused by our breach of these Terms which does not arise in the natural and ordinary course of events, or which exceeds $1,000; (iii) loss of revenue, profit, reputation, opportunity, data or information; or (iv) failure to provide the GoCatch service or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network or third party software failure).


7. PRIVACY STATEMENT

7.1 By registering as a driver, you acknowledge and consent to our collection of your personal information including your name, location, mobile number, financial information (such as your bank account details) and email address.

7.2 This personal information is collected in accordance with the Privacy Act 1988 (Cth) and may be used for the purposes of registering and managing your driver account with GoCatch; providing you with the GoCatch service or offers in relation to the GoCatch service; placing you in contact with potential passengers and jobs; processing payments to you (where applicable); contacting you in respect of any queries or complaints; for our internal business purposes (such as our accounting or management purposes); if required or authorised by law and for the purposes of complying with our legal or regulatory obligations; or for any other purposes you may reasonably expect.

7.3 From time to time, we may disclose your personal information to our staff and to third parties, for example: to passengers in order to connect you with potential passengers and jobs; to third parties, agents, contractors or suppliers who assist us in the provision of the GoCatch service (for example, payment processors, website hosting service providers, information cloud storage service providers); law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; and other platforms to which you have asked GoCatch to interface. Driver personal information is hosted by Amazon on servers located in Australia.

7.4 If you are not comfortable giving us permission to collect and manage your personal information in this manner, you do not have provide us with your personal information.  However, if you do not provide us with certain required personal information we will be unable to provide you with, and you will not be able to avail yourself of the full GoCatch service. 

7.5 Further information about our policies for managing your personal information, including how you may request access to or seek the correction of the personal information we hold about you, or how you may submit a complaint about a breach of privacy or a general privacy-related query, is available in the GoCatch Privacy Policy at http://www.gogatch.com/privacy-policy.


8. GOPOINTS

8.1 GoPoints are part of a system that rewards drivers for completing GoCatch jobs.

8.2 GoPoints can be awarded and be removed at any time at the sole discretion of GoCatch and without compensation to drivers.

8.3 GoPoints are accumulated only to indicate your status level as a GoCatch driver. GoPoints cannot be transferred to another person or business and cannot be exchanged for any real currency or value.

8.4 If you choose to terminate these Terms your GoPoints will be cancelled. If you later register with GoCatch again, your GoPoints level will begin from zero.


9. INDEMNITY

9.1 You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
           
(A) any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete;
           
(B) your breach of any applicable laws and regulations;
           
(C) your breach of any of the Terms; or
           
(D) a misuse of the GoCatch Service by you.

This clause will survive the termination of this Agreement.


10. DISPUTE RESOLUTION

If you wish to provide us with any feedback; make a complaint in relation to the GoCatch Service; or make a complaint about other users of the GoCatch Service, please email us at support@gocatch.com.

Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms.  You acknowledge and agree that you will not, for the duration of this Agreement, make any disparaging comments about us on social media or any public forum.


11. GENERAL

11.1 Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

11.2 Relationship of the parties. The relationship between the parties under this Agreement is that of independent contractors. This Agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties. 

11.3 Assignment. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 3, you may terminate your agreement with us at any time.

11.4 No waiver. Any delay by us in exercising a right under these Terms do not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.

11.5 Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

11.6 Amendment. We may amend these Terms from time to time in order to reflect changes to the GoCatch Service (including the GoCatch App) in which case we will give you reasonable notice either by email or via the GoCatch App. Your continued use of the Rideshare Service constitutes your acceptance of the changes and your consent to be bound by the amended Terms. As set out in clause 5 you may terminate your agreement with us at any time.

11.7 Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address. Any notice delivered by you to us under this Agreement will be delivered by you emailing us at support@gocatch.com.

11.8 Governing law. These Terms are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts operating in New South Wales.