Agreement between User and Black Cabs Combined Pty Ltd

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. 13CABS 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 us 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 us 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 us with your credit card or Cabcharge account details.

3. Payment

   The use of our Services is free of charge. We reserve the right to introduce a fee for the use of our Services. If we decide to introduce such a fee, we shall inform you accordingly and allow you to either continue or terminate using our Services.

   In some cases, we may authorise a temporary charge on your credit card (or whatever payment method you use) for any amount up to $1 to verify that your card is open and in good standing. This charge will appear as ‘pending’ and will be automatically removed after verification.

   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 us 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, Victoria, South Australia, Queensland, Western Australia and the Australian Capital Territory and 10% in the Northern Territory and Tasmania. 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 13CABS Services may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of 13CABS and 13CABS 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. 13CABS is not responsible for webcasting or any other form of transmission received from any Linked Site. 13CABS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 13CABS of the site or any association with its operators.

   Please note that 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.

5. No Unlawful or Prohibited Use

   You warrant that the information you provide to us 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 us 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. 

   13CABS 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.

   13CABS has no obligation to monitor the Communication Services. However, 13CABS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 13CABS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

   13CABS 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 13CABS's sole discretion.

   Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 13CABS does not control or endorse the content, messages or information found in any Communication Service and, therefore, 13CABS 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 13CABS spokespersons, and their views do not necessarily reflect those of 13CABS.

   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 us 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 us, 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 13CABS or posted on the Website

   13CABS does not claim ownership of the materials you provide to 13CABS (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 13CABS, 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. 13CABS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 13CABS'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 agree that information provided by to you by 13CABS 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). 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.

   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.

10. Privacy

    You agree that 13CABS 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 13CABS 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 13CABS 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 13CABS to seek the individual’s consent before that particular use; and
      • 13CABS will not charge the individual for giving effect to a request by the individual to 13CABS not to receive direct marketing communications; and
      • the individual has not made a request to 13CABS not to receive direct marketing communications; and
      • in each direct marketing communication with the individual, 13CABS 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 13CABS with the individual (up to and including the communication that involves the use) sets out 13CABS’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 13CABS can be directly contacted electronically.

    The above operates in relation to personal information that 13CABS has collected from a related body corporate as if 13CABS’s primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.

    13CABS’ complete privacy policy can be found at: https://legacy.13cabs.com.au/Privacy

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. 13CABS 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.

    13CABS 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. 13CABS 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.

    To the maximum extent permitted by applicable law, in no event shall 13CABS 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 13CABS or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Services.

    Service contact: privacy@13CABS.com.au

12. Indemnification

    By accepting these terms and conditions and using the Services, you agree to indemnify and hold 13CABs, 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

    13CABS reserves the right, in its sole discretion, to terminate your access to the 13CABS 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 13CABS Web Site.

14. Copyright and Trademark Notices:

    All contents of the 13CABS Services are: Copyright 2009 Black Cabs Combined and/or its suppliers. All rights reserved.

15. Trademarks

    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.

16. Copyright

    Unless otherwise indicated, copyright in all information and other materials on our Services (including information and its arrangement) is owned by or licensed to 13CABS. 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 13CABS.

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 Australia.