Taxi Apps Pty Ltd
Updated 30 November 2016
This Passenger Agreement (“Agreement”) is between Taxi Apps Pty Ltd ABN 55 149 538 616 (referred to as “we”, “us” or “our”) and an individual registering to be a user of our services (referred to as “you” or “your”).
We provide a mobile phone software application called ‘GoCatch’ (“GoCatch App”) and a system which, amongst other things, enables you, as a user of the GoCatch App, to identify drivers of private vehicles (that is, vehicles that are not taxis) (“Registered Drivers”) and taxi drivers who are registered on the GoCatch App (“Registered Taxi Drivers”) on a map, connect in real-time, make requests for services to take you from one location to another (“Transportation Services”) and pay for the Transportation Services through the GoCatch App (referred to collectively as “Service”).
Registered Drivers are required to meet all of our Registered Driver requirements and either own, lease or otherwise have in their lawful possession a vehicle which meets the relevant safety standards, laws or regulations in the State or Territory in which they operate or intend to operate (“Registered Private Vehicle”). Registered Taxi Drivers are required to meet all of our Registered Taxi Driver requirements. Registered Private Vehicles and taxi vehicles of Registered Taxi Drivers are referred to collectively as “Registered Vehicles”.
In order to use the Service you must agree to the terms and conditions set out in this Agreement (“Terms”). Upon your electronic acceptance of this Agreement via the GoCatch App, you will be legally bound by the Terms of this Agreement.
If you have any questions or feedback on the Service, please contact us at firstname.lastname@example.org.
1. YOUR USE OF THE SERVICE
1.1 To use the Service you are required to register for an account as a passenger on the GoCatch App (“Account”).
1.2 To register for an Account, you must be at least 18 years old.
1.3 Account registration requires you to provide certain information, including without limitation, personal information, a valid payment method, and a username and password (“User Information”).
1.4 You warrant that all information that you have provided to us for registration is true, accurate and up-to-date in all respects. If your details or information changes you must notify us immediately. You can update or correct your details or information at any time via the GoCatch App or by contacting us via email at email@example.com.
1.5 You are required to keep your User Information confidential. You are responsible for all activity that occurs under your Account. If you suspect that there has been unauthorised access to your Account, please contact us immediately at firstname.lastname@example.org.
1.6 Through your Account you will be able to see the locations of Registered Drivers or Registered Taxi Drivers and make requests for Transportation Services. Once your request is accepted by a Registered Driver or Registered Taxi Driver, you are required to remain at your pick-up location until the Registered Driver or Registered Taxi Driver arrives.
1.7 Through your Account you will be able to see the locations of Registered Drivers or Registered Taxi Drivers and make requests for Transportation Services. Once your request is accepted by a Registered Driver or Registered Taxi Driver, you are required to remain at your pick-up location until the Registered Driver or Registered Taxi Driver arrives.
(a) comply with all applicable laws and regulations;
(b) follow any reasonable instructions given by Registered Drivers or by Registered Taxi Drivers;
(c) do not ask a Registered Driver or Registered Taxi Drivers to break any laws;
(d) treat Registered Drivers or Registered Taxi Drivers with courtesy and respect; and
(e) do not perform any acts which may cause damage to a Registered Vehicle.
1.8 You warrant that:
(a) you have full power and authority to enter into this Agreement and perform your obligations; and
(b) by entering into this Agreement you will not be in breach of any agreements with any third parties.
1.9 You must not:
(a) use the GoCatch App to make any requests for Transportation Services on behalf of any other individual or entity, including a person under the age of 18 years;
(b) use the GoCatch App to make a request for Transportation Services that you cannot or do not intend to honour if your request is accepted;
(c) use the Service for any unlawful purpose; (d) use the Service in any way that interrupts, damages, impairs or makes the Service less efficient;
(e) use the service for the purpose of transporting goods or furniture;
(f) attempt to: (i) transfer any files which contain viruses, trojans or other harmful programs via the GoCatch App, (ii) access the accounts of other users of the GoCatch App, (iii) penetrate any of our security measures, or (iv) decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the GoCatch App;
(g) use the Service 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;
(h) engage in any screen scraping or data acquisition and consolidation;
(i) use the Service to advertise or promote third party or your own products or services;
(j) perform any act which we reasonably believe may be capable of damaging our reputation or bringing our business into disrepute; or
(k) advocate, encourage, or assist any third party in doing any of the above.
1.10 You are responsible for:
(a) obtaining the necessary telecommunication and data services; and
(b) acquiring and updating compatible devices; to access and use the Service.
2. CHARGES AND PAYMENT
2.1 It is free to download the GoCatch App.
2.2 You will be charged a fare for each Transportation Service (“Fare”). The Fare will comprise of:
(a) the in app metered fare for the Transportation Service;
(b) toll charges incurred during the Transportation Service;
(c) if applicable, a tip amount as nominated by you on the GoCatch App;
(d) if applicable, any agreed charges between you and the Driver;
(e) if applicable, a card payments surcharge of 5.0% (inclusive of GST); and
(f) if applicable, a booking fee.
2.3 In addition to the Fare, you may be charged:
(a) if you do not complete a booked journey or cancel a journey when a vehicle has already been allocated to you, a cancellation fee, which we may impose from time to time, in which case we will give you reasonable notice either by email or via the GoCatch App;
(b) an additional fee of up to $150.00 if a Registered Vehicle requires cleaning; and/or
(c) an additional amount to rectify any damage, which is in excess to normal wear and tear, to a Registered Vehicle,
as a result of providing Transportation Services to you (“Additional Charges”).
2.4 The Fare and Additional Charges are inclusive of GST.
2.5 The Fare and Additional Charges may be amended from time to time in order to reflect changes to the Service (including the GoCatch App), in which case we will give you reasonable notice either by email or via the GoCatch App.
2.6 You acknowledge and agree that:
(a) payment of the Fare and Additional Charges to Registered Drivers must be made through the GoCatch App;
(b) payment of the Fare and Additional Charges to Registered Taxi Drivers must be made through the GoCatch App or via another accepted payment method;
(c) payment of the Fare will be taken automatically at the end of the Transportation Service using the most recent payment details you have provided us, unless you elect to pay a Registered Taxi Driver via another accepted payment method;
(d) payment of any Additional Charges, if applicable, will be taken using the most recent payment details you have provided to us;
(e) we may, from time to time, undertake authorisation checks on your nominated payment method; and
(f) we act in a limited capacity as a payment collection agent for Registered Drivers and Registered Taxi Drivers (when payment is made through the GoCatch App) in relation to Transportation Services.
2.7 If you wish to dispute the Fare and/or any Additional Charges, please contact us at email@example.com. You agree to co-operate with and support us in the event of a dispute over any transaction.
3. PROMOTIONAL CODES
3.1 We may, in our sole discretion, create promotional codes (“Promo Codes”) which may be redeemed by you through the GoCatch App, subject to any additional terms which we establish on a per Promo Code basis (“Promo Terms”).
3.2 You agree that Promo Codes:
(a) are to be used by the intended audience only;
(b) must not be used by GoCatch drivers;
(c) are limited to one use per Passenger;
(d) may only be used pursuant to the Promo Terms;
(e) may not be duplicated, sold or transferred to any third party;
(f) must not be made available to the general public;
(g) may be disabled by us at any time for any reason;
(h) are not valid for cash; and may expire prior to redemption;
(i) are limited to $50 in value in any six month period.
4. TERM AND TERMINATION
4.1 This Agreement commences from the date that this Agreement is executed by you and will continue until terminated in accordance with this clause.
4.2 You may terminate this Agreement at any time by closing your Account by following the instructions on the GoCatch App.
4.3 We may terminate this Agreement and close any account that you have with us, for any reason, by giving you 7 days’ notice in writing.
4.4 We may terminate this Agreement and close any account that you have with us, immediately and without notice, if you commit a material breach of these Terms.
4.5 We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This does 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. INTELLECTUAL PROPERTY
5.1 For the duration of this Agreement, we grant you a royalty-free, non-exclusive and non-transferable licence to use the GoCatch App for the purpose of using the Service (“IP Licence”).
5.2 You have no right to sub-licence the IP Licence.
5.3 You acknowledge and agree that the IP Licence 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, software, applications and website, or the intellectual property of our partners, other than the non-transferable, personal right to use and receive the Service, in accordance with these Terms.
6. PRIVACY STATEMENT
6.1 By registering for an Account, you acknowledge and consent to our collection of your personal information including, but not limited to:
(a) your name;
(b) contact details including mobile phone number and email address;
(c) your location; and
(d) financial information (such as your credit card payment details).
6.2 Your personal information is collected in accordance with the Privacy Act 1988 (Cth).
6.3 Your personal information may be used for the purposes of:
(a) enhancing the security of both driver and passenger;
(b) registering and managing your Account;
(c) providing you with the Service or offers in relation to the Service;
(d) placing you in contact with Registered Drivers or Registered Taxi Drivers;
(e) processing payments (where applicable);
(f) contacting you in respect of any queries or complaints;
(g) for our internal business management including accounting;
(h) to advise you about new product offering or promotions;
(i) to advise you about changes to our terms and conditions;
(j) complying with our legal or regulatory obligations; or
(k) for any other purposes you may reasonably expect.
6.4 From time to time, your personal information may be disclosed to:
(a) our staff, Registered Taxi Drivers and Registered Drivers in order to provide you with the Service;
(b) to third parties, agents, contractors or suppliers who assist us in the provision of the Service (for example, payment processors, website hosting service providers, information cloud storage service providers);
(c) law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; or
(d) other platforms to which you have asked us to interface.
6.5 Your personal information is hosted by Amazon on servers located in Australia.
7. CONSUMER GUARANTEES, LIMITATION OF LIABILITY AND DISCLAIMERS
7.1 The Service comes with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by these Terms. Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.
7.2 To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Service is limited to us re-supplying the Service to you or, at our option, refunding to you the amount you have paid for the Services to which your claim relates.
7.3 We are an introductory service only. We provide a platform to connect you with Registered Drivers and/or Registered Taxi Drivers and facilitate payment for Transportation Services. You acknowledge and agree that:
(a) we do not endorse any user of the Service;
(b) we make no representations that your requests for Transportation Services will be accepted;
(c) any arrangements made for the provision of Transportation Services is between you and the Registered Driver or Registered Taxi Driver only;
(d) we are not a party to any arrangements between you and any Registered Driver or Registered Taxi Driver, and we act in a limited capacity as a booking and payment collection agent for the Registered Driver or Registered Taxi Driver in relation to Transportation Services;
(e) we are not responsible for a Registered Driver or Registered Taxi Driver’s behaviour, actions or inactions, and we disclaim all liability (howsoever arising) for all such behaviour, actions or omissions; and
(f) we are not affiliated with or responsible for any taxi network or other transportation service provider.
7.4 Subject to clause 7.1, we provide the Service to you on an “as is” and “as available” basis. We do not represent, warrant or provide any guarantees in relation to the availability or uptime of the Service, nor do we represent, warrant or provide any guarantee that your access to or use of the GoCatch App or Service will be uninterrupted or error free. The GoCatch App and Service are subject to limitations, delays and other problems which are inherent in the use of internet and electronic communications. We accept no responsibility for any delays, delivery failures or losses or damages which you may suffer as a result of such problems.
7.5 Subject to clause 7.1, you acknowledge that whilst we take reasonable steps to ensure the information provided to you through the Service is accurate, we accept no responsibility for and make no representations or warranties to you or to any other user as to the reliability, accuracy or completeness of the information provided through the Service. We recommend that you maintain your own records and use your discretion when acting on information received through the Service.
7.6 You acknowledge and agree that we are not liable for:
(a) your actions, inaction, acts or omissions, in your capacity as a passenger of a Registered Vehicle;
(b) the actions or inactions of any Registered Drivers, Registered Taxi Drivers or other users of the Service;
(c) 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, although we acknowledge that this limitation will not apply if and to the extent that we are also liable for that loss caused by our breach of the consumer guarantees under the Australian Consumer Law;
(d) loss of revenue, profit, goodwill, reputation, opportunity, data or information arising out of your access and use, or inability to access or use, the GoCatch App and/or Service; or
(e) a failure to provide the Service or meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control (for example, a network or third party software failure).
7.7 You acknowledge and agree that we have limited control over the nature and content of the information that is transmitted or received by you or other users of the Service. Although we reserve the right to do so, we do not monitor such content in the usual course of business, and to the extent permitted by law, we will not be liable for such content.
8.1 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 Service by you.
8.2 This clause 8 will survive the termination of this Agreement.
9. DISPUTE RESOLUTION
9.1 If you wish to:
(a) provide us with any feedback;
(b) make a complaint in relation to the Service or make a claim under these Terms; or
(c) make a complaint about other users of the Service,
please email us at firstname.lastname@example.org.
9.2 Each party agrees to act reasonably and without delay in seeking to resolve any disputes arising under these Terms.
10.1 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.
10.2 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.
10.3 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 4.2, you may terminate your agreement with us at any time.
10.4 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.
10.5 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.
10.6 Amendment. We may amend these Terms from time to time in order to reflect changes to the 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 Service constitutes your acceptance of the changes and your consent to be bound by the amended Terms. As set out in clause 4.2, you may terminate your agreement with us at any time.
10.7 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 email@example.com.
10.8 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.