Last updated: 16 October, 2018 | V1.2
THIS END USER LICENCE AGREEMENT SETS OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY OPERATE THE SOFTWARE ON THIS TABLET. BY CLICKING THE "I AGREE" BUTTON YOU
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS END USER LICENCE AGREEMENT;
(B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT AND ARE AUTHORISED UNDER APPLICABLE LAW TO DRIVE THE TAXI IN WHICH THIS TABLET IS INSTALLED; AND (C) ACCEPT THIS END USER LICENCE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT, YOU MUST NOT USE OR OPERATE THIS TABLET AT ALL.
About this End User Licence Agreement
We reserve the right to amend this EULA at any time and from time to time by sending an email to you with the updated version. The amended versions will become effective upon us sending any such emails to you and your continued use of the Oiii Driver Tablet Software will be deemed to constitute your acceptance of the amended EULA in each case. It is your responsibility to ensure that you are familiar with the most recent version of this EULA prior to each use of the Oiii Driver Tablet Software. It is your responsibility to make sure that your email address is regularly checked so that you can receive emails from us regarding any such amended versions of this EULA and any other emails that we or the platform may send to you. If you do not wish to continue using the Oiii Driver Tablet Software at any time, including where you object to our amendment of this EULA, you must immediately cease using the tablet upon which this Oiii Driver Tablet Software is installed (“Oiii Driver Tablet”) and notify us and the owner of the taxi in which this Oiii Driver Tablet is installed that you do not agree to use the Oiii Driver Tablet Software.
Oiii - a booking app, not a taxi company or transport provider
Net-Cabs Pty Ltd provides a platform for helping passengers who register passenger accounts via the Oiii Passenger App (“passengers”) to book taxis and administer taxi bookings made via the Oiii Passenger App (“bookings”) , bid for fixed price fares and make and receive payments made for taxi services. The platform consists of the Oiii Passenger App, the Oiii Driver Tablet Software and other related software and applications that have been developed by us or on our behalf (collectively, the “platform”). The Oiii Passenger App and the Oiii Driver Tablet Software are just two components of the platform. The Oiii Passenger App is licensed, not sold, to passengers. Similarly, the Oiii Driver Tablet Software is licensed, not sold to taxi drivers. We reserve the right to withdraw and/or modify the Oiii Driver Tablet Software and/or the Oiii Passenger App and/or any other part of the platform at any time in our absolute discretion. The Oiii Driver Tablet is and remains the property of Net-Cabs Pty Ltd. You hereby grant us a security interest in the Oiii Driver Tablet. You agree that this security interest is capable of perfection by us under the Personal Property Securities Act 2009 (Cth) (PPSA). This security interest is a purchase money security interest to the full extent that it can be under the PPSA and you must do everything that we reasonably require to ensure that the security interest is a perfected first priority security interest. You must not, except as authorised in writing by us, grant or permit the grant or existence of any other security interest in the Oiii Driver Tablet.
WE ARE NOT A TRANSPORTATION CARRIER. WE ARE A SOFTWARE COMPANY THAT PROVIDES A MARKETPLACE FOR CONNECTING PASSENGERS WHO USE THE Oiii PASSENGER APP WITH TAXI DRIVERS WHO USE THE Oiii DRIVER TABLET SOFTWARE. WE DO NOT PROVIDE THE TAXI SERVICES THAT PASSENGERS CAN BOOK TAXI OPERATORS AND/OR TAXI DRIVERS TO PROVIDE THROUGH THE Oiii PASSENGER APP (Taxi Services). YOU AND/OR THE OWNER AND/OR OPERATOR OF THE TAXI IN WHICH THIS Oiii DRIVER TABLET IS INSTALLED PROVIDE THE TAXI SERVICES THAT PASSENGERS CAN BOOK YOU AND/OR THAT OWNER AND/OR OPERATOR TO PROVIDE THROUGH THE Oiii PASSENGER APP. AS WE DO NOT PROVIDE TAXI SERVICES AND WE ARE NOT AN AGENT FOR ANY PASSENGER, TAXI DRIVER, TAXI OWNER OR TAXI OPERATOR WE DO NOT ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY PASSENGER, TAXI DRIVER, TAXI OWNER OR TAXI OPERATOR OR FOR THE PERFORMANCE OF ANY SERVICES PROVIDED BY YOU OR ANY PASSENGER, TAXI DRIVER, TAXI OWNER, TAXI OPERATOR OR OTHER THIRD PARTY. YOU MUST PROMPTLY NOTIFY US IF THIS Oiii DRIVER TABLET IS LOST, DAMAGED OR STOLEN AND YOU MUST NOT REMOVE THIS Oiii DRIVER TABLET FROM THIS TAXI WITHOUT OUR PRIOR WRITTEN CONSENT.
The features of the Oiii Driver Tablet Software presently include (among other things):
(a) a government-regulated taxi meter (that integrates with vehicle on-board computer systems);
(b) a bidding system that passengers and taxi drivers can use (at their option) if they wish to negotiate a fixed price fare with respect to any taxi trip through bids made by passengers and taxi drivers (each such bid is referred to in this EULA as an “OiiiBid” and any OiiiBid that is accepted by a passenger or taxi driver is referred to in this EULA as an “Accepted OiiiBid”);
(c) a job dispatch system that allows taxi drivers to accept bookings made by users of the Oiii Passenger App for either the government regulated taxi fare and any applicable tolls, levies and charges, or alternatively for the fixed price agreed when an OiiiBid is accepted;
(d) voice-activated navigation;
(e) routing and mapping functionality;
(f) support for hail & rank and government-regulated fares and rates;
(g) driver and passenger photos and communications and ratings;
(h) a WiFi hotspot for drivers and passengers;
(i) camera services;
(j) functionality which allows taxi drivers to see passenger mood settings and receive electronic shift reports;
(k) lost property functionality that allows taxi drivers to view details of personal property that passengers report having lost in a taxi booked through the Oiii Passenger App.
The Oiii Driver Tablet Software requires an active internet connection to operate in the intended manner. From time to time this Oiii Driver Tablet may lose reception and to the maximum extent permissible by law we will not be liable for any missed bookings, missed or non-delivered OiiiBids or Accepted OiiiBids, loss of business, loss of revenue or other loss that you may suffer as a result of any errors, downtime or non-performance of the platform or your internet-based devices.
As described above, passengers can book third party owned and operated taxis using the app. By a passenger booking a taxi via the app, the passenger shall be deemed to have made an offer to engage the operator of the booked taxi to transport the passenger from and to the location specified by the passenger in the booking. A passenger may cancel any booking before it is accepted by a taxi operator for no charge or after a booking is accepted by a taxi operator but before the passenger commences his or her journey in the booked taxi by paying a $10 cancellation fee. Once a booking is accepted by a taxi operator, a separate contract shall be deemed to have been entered into between the passenger and the taxi operator under which the taxi operator agrees to transport the passenger to and from the location specified in the booking in exchange for payment by the passenger of the applicable taxi fare (“Taxi Services Contract”). The applicable taxi fare payable by the passenger to any taxi operator is either (a) the government regulated taxi fare and any applicable tolls, levies, charges and GST; or (b) the fixed price fare agreed by the passenger and taxi operator pursuant to an Accepted OiiiBid. A passenger will be assumed to have agreed to pay the maximum taxi fares stipulated by applicable law for the relevant taxi services unless otherwise agreed between the passenger and the taxi operator pursuant to an Accepted OiiiBid. Any terms and conditions entered into between the passenger and the taxi operator which conflict with the terms of this EULA shall be deemed to be void. You must comply with the terms of each Taxi Services Contract that you enter into. We are not a party to any Taxi Services Contract. Taxi drivers are not our employees, contractors, representatives or agents.
OiiiBid allows passengers and taxi operators to negotiate fixed price taxi fares. The process requires a passenger who wishes to make a booking to initiate bidding by nominating a proposed fixed price fare (inclusive of any tolls, charges, government levies and GST) for a taxi trip (“initial bid”). OiiiBids (including any initial bid and any subsequent passenger bids) are only displayed to certain taxi operators that the platform makes the bids available for viewing to using algorithms that underpin the platform, including algorithms that are used to help predict which taxi operators may be interested in relevant bids. Any taxi operator may accept a bid made by a passenger, but once a passenger bid is accepted by a taxi operator it cannot be accepted by any other taxi operator. Similarly, once a taxi operator counterbid is accepted by a passenger with respect to a taxi trip, other taxi operators can no longer issue counterbids or accept any passenger bids for that taxi trip. Once a bid made by a passenger is accepted by any taxi operator or a counter-bid made by a taxi operator is accepted by a passenger, the Accepted OiiiBid will become a binding term of the applicable Taxi Services Contract between the passenger and the taxi operator. A bid or counter-bid may be modified or withdrawn at any time, prior to its acceptance. If either party cancels an Accepted OiiiBid the cancelling party shall be required to pay a $10 cancellation fee to the other party (“Oiiibid Cancellation Fee”). Cancellation fees are processed automatically by the platform. OiiiBid functionality may not be available to all taxi operators and cannot be used in conjunction with government subsidies (such as the Victorian Multi Purpose Taxi Program (“MPTP”)).
Accepted OiiiBids cannot be changed except where both the passenger and taxi operator who agreed to the Accepted OiiiBid consent to the change and the change is a change to any destination of the taxi trip the subject of the booking (“Authorised Accepted OiiiBid Change”). If there is an Authorised Accepted OiiiBid Change:
(a) the fixed price taxi fare the subject of the Accepted OiiiBid will be replaced by a new fixed price fare agreed by the passenger and taxi operator and recorded in the platform by the taxi operator and all other terms of the Taxi Services Contract will remain unchanged; and
(b) we will modify the passenger’s pre-authorised credit card transaction amount with an amended amount reflecting the Authorised Accepted OiiiBid Change once the taxi operator enters the Authorised Accepted OiiiBid Change into the platform.
Fare estimates and taxi trip routes
Fare estimates are displayed to passengers when making booking requests based on the route selected by the passenger for a proposed taxi trip. The shortest route in any route options available may not necessarily be the quickest route. Fare estimates are not quotations and are based on the journey route indicated on the map in the Oiii Passenger App and average traffic conditions. Any estimates include GST and standard surcharges based on vehicle type but do not include tolls, government levies or airport charges that may be incurred by the taxi operator in the course of the taxi trip. The actual fare charged will vary automatically with the actual locations, traffic conditions, time of day, actual route driven, and applicable tolls, except where a booking is made by accepting an OiiiBid. Accepted OiiiBids are subject to fixed price fares as describe above, and can only be modified via an Authorised Accepted OiiiBid Change.
Where there is an Accepted OiiiBid, the taxi operator must take the quickest path to complete the taxi trip, irrespective of any tolls being included in the fare and the passenger will not be entitled to any form of refund if the quickest path to complete the taxi trip does not in fact include tolls despite an OiiiBid assuming that a toll would be payable.
What happens when you accept a passenger booking
Where you accept any booking made by a passenger via the Oiii Passenger App (whether or not pursuant to an Accepted OiiiBid), you will be provided with the name and photo of the passenger (as entered by the passenger into the Oiii Passenger App) and the passenger will be informed that you are en route to collect the passenger from the pickup location specified by the passenger in the booking. The passenger will be provided with your name and photo (as entered into the platform), taxi licence number, taxi registration number and the name of the taxi operator of your taxi. The passenger may call you via the Oiii Passenger App while you are en route to collect the passenger. We may also track your location in order to provide the location of your taxi to the passenger. You may accept a call made to you by a passenger in the Oiii Driver Tablet. When you arrive at the pickup location and click “Arrived”, the passenger will be notified via the Oiii Passenger App that you have arrived at the pickup location. You must not contact any passengers or use any passenger’s Personal Information except for the purposes of providing taxi services under the applicable Taxi Services Contract. You (and not we) are solely responsible for providing the taxi services the subject of the applicable Taxi Services Contract, including the transportation of the passenger in this taxi from the pickup location to the destination specified in the booking. You must transport the passenger directly to the destination specified by the passenger in the booking by whatever route is selected by the passenger in the booking or otherwise requested by the passenger, except where the Booking has been made via an Accepted OiiiBid. Where there is an Accepted OiiiBid, the taxi operator must take the quickest path to complete the taxi trip, irrespective of any tolls being included in the fare and the passenger will not be entitled to any form of refund or return if the quickest path to complete the taxi trip does not in fact include tolls despite an OiiiBid assuming that a toll would be payable.
Arriving at the destination
Upon arrival at the destination of any booking you must indicate that you have arrived by clicking the ‘Arrived’ button in the Oiii Driver Tablet Software. You can then confirm the price and select extras (airport rank fee, booking fee etc) or the Accepted OiiiBid (if applicable). The platform will then attempt to charge the passenger’s credit card that he or she entered into the Oiii Passenger App. Remittance of any fees payable to the operator of your taxi is governed by the provisions of a separate agreement between us and the operator. A receipt will be emailed to the passenger by the platform confirming the date, pickup location and destination, a map of the route, fare and payment details, the name and ABN of the taxi operator and your driver accreditation number (as entered into the Oiii Driver Tablet Software by you or into the platform by the taxi operator on whose behalf you drive this taxi). Thereafter the passenger will be able to at any time via the Oiii Passenger App rate your vehicle, you as the driver, and the trip overall (“Rating Information”) as well as whether the passenger would like to make you a preferred driver for future bookings. Ratings may be displayed to any users of the Oiii Passenger App at any time in the form they are entered by passengers into the Oiii Passenger App, in statistical format (eg. by way of ‘average ratings’) or in any other format determined by us, in our absolute discretion.
Each time you log off from the Oiii Driver Tablet Software the platform will assume that your shift has ended and will send you an email with a summary of the bookings that you have completed using the platform since you last logged onto the Oiii Driver Tablet Software.
We are not responsible for any matter arising under a Taxi Services Contract
We are not responsible for the performance or non-performance of any taxi services or any default under any Taxi Services Contract. We are not responsible for your behaviour or the behaviour of any passenger or any other of your or any passenger’s acts or omissions. It is your responsibility to take whatever lawful precautions are appropriate in the performance of your duties under each Taxi Services Contract. You must have and maintain the right to work in Australia and comply with any applicable laws, regulations and other regulatory requirements applicable to any Taxi Services Contract at all relevant times. Without limiting the foregoing provisions, you must have a valid driver’s licence, be an accredited taxi driver and obtain and maintain any other necessary licences, consents and authorisations that are required for you to lawfully drive a taxi and carry out your duties under each Taxi Services Contract in accordance with all applicable laws, regulations and other regulatory requirements. You must provide us with evidence of compliance with the provisions of this paragraph at any time upon request by us and must not use the Oiii Driver Tablet Software or provide any taxi services if you are in breach of any provision set out in this paragraph.
We are not responsible for any taxi
As between you and us, you and not us, are solely responsible for this taxi and its performance, maintenance, registration, insurance, safety, cleanliness and fitness for purpose. You, not us, must ensure that this taxi is registered, safe and insured and appropriately maintained, clean and suitable for use as a taxi at all times. You must provide us with evidence of compliance with the provisions of this paragraph at any time upon request by us and must not use the Oiii Driver Tablet Software or provide any taxi services if you are in breach of any provision set out in this paragraph.
Our relationship with you
You and us are independent contracting entities. You are not our employee or agent and we are not a party to any Taxi Services Contract. You must not represent to any person that you are our employee or agent or that you are driving a taxi for us. You must not use our name, logo, trade marks or marketing material except as expressly authorised in writing by us. You are not required to exclusively use the Oiii Driver Tablet and as between you and us, you are free to use any device other than the Oiii Driver Tablet and any software other than the Oiii Driver Tablet Software to receive and manage taxi bookings and associated payments and otherwise in connection with your provision of any taxi services should you wish to do so. However, you may not use the Oiii Driver Tablet Software other than on the Oiii Driver Tablet which we provide to you.
Our Intellectual Property Rights in the Oiii Driver Tablet Software
You agree and acknowledge that, as between you and us, we are the sole owner of all rights (including all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights), in the Oiii Driver Tablet Software.
You have no rights in the Oiii Driver Tablet or in any part of it or in any modification or enhancement thereof, or in the software or services that we supply through the Oiii Driver Tablet, other than the rights temporarily granted to you pursuant to the Licence set out below.
Your Licence to use and operate the Oiii Driver Tablet Software
We grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to use and operate the Oiii Driver Tablet Software on this Oiii Driver Tablet (“Licence”). You may not make any use of the Oiii Driver Tablet Software except as permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our intellectual property rights in the Oiii Driver Tablet Software. Without limiting the foregoing provisionsof the Licence, you must not, under any circumstances, sell or resell access to the Oiii Driver Tablet or scrape, republish, mirror, stream, broadcast or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Oiii Driver Tablet Software or any content you obtain via the Oiii Driver Tablet without our prior written consent. In addition, you must not, nor may you permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, creative derivative works from or enhance the Oiii Driver Tablet Software and/or any content that you obtain from the Oiii Driver Tablet (except as expressly permitted by the Copyright Act 1968 (Cth) or authorised by us pursuant to our express written consent);
(b) do any act that would or might invalidate or be inconsistent with our intellectual property rights or those of our licensors;
(c) use the Oiii Driver Tablet in any way that infringes our rights or the rights of any third party; or
(d) take any steps to circumvent any technological protection measure or security measures in the Oiii Driver Tablet Software.
You must not use the Oiii Driver Tablet Software or any part of it in any way which is in breach of this EULA, any other terms and conditions set out on our website, or any statute, regulation, law or legal right of any person. You must not remove the Oiii Driver Tablet Software from the Oiii Driver Tablet.
Our right to terminate the Licence
The Licence is conditional upon (and automatically terminates if you fail to comply with):
(a) the provisions of this EULA; or
(b) any applicable laws and regulations.
We may terminate this EULA and the Licence at any time without notice if you fail to comply with any provision of this EULA or if we choose to discontinue providing the Oiii Driver Tablet Software, the platform or any computer server or website required for the intended operation of the Oiii Driver Tablet Software or the platform, if you indicate that you do not wish to use the Oiii Driver Tablet Software, if you do not login to the Oiii Driver Tablet Software for thirty (30) consecutive days or if we deem that it is reasonably necessary to do so to protect our legitimate interests. Upon termination of this EULA or the Licence for any reason:
(a) we may deactivate and/or prevent your further use of the Oiii Driver Tablet via whatever technical means we choose to employ;
(b) you must cease to use the Oiii Driver Tablet; and
(c) you must allow us to repossess and recover the Oiii Driver Tablet, without prejudice to any other of your or our rights or remedies that accrue prior to termination.
We will destroy and/or de-identify Personal Information that we have collected in the course of your use of the Oiii Driver Tablet Software where we have legal obligations to do so.
Accessing the Oiii Driver Tablet and the services that we supply via the Oiii platform
You acknowledge that your use of the Oiii Driver Tablet and the services that we supply via the platform may not be error free and your use of the Oiii Driver Tablet and those services may be interrupted. The Oiii Driver Tablet may be unusable while we are conducting maintenance of the platform or any part of it, or as a result of any telecommunications failure or fault, if the Oiii Driver Tablet loses internet connectivity or other matter beyond our reasonable control. Errors, downtime, disconnections and delays may occur which result in OiiiBids and acceptance of OiiiBids not being delivered, or delays in their delivery (“OiiiBid Unavailability”). Examples of OiiiBid Unavailability include where technological difficulties associated with your smartphone device (such as loss of reception or lack of connection), and problems with our servers, data hosting centres, internet service providers or software result in bids and counterbids not reaching the intended recipient. You acknowledge that the platform will only process OiiiBids that are actually delivered and will only process OiiiBids in the order in which they are delivered. As mentioned above, we will not be liable for any missed bookings, missed or non-delivered OiiiBids and Accepted OiiiBids, loss of business, loss of revenue or other loss that you may suffer as a result of any errors, downtime or non-performance of the platform or your internet-enabled devices. To the extent possible by law, we shall not have any liability in respect of any of the foregoing matters.
Maintenance and support
We provide basic telephone support regarding the use of the Oiii Driver Tablet Software and that you can access by calling us on +61 (0)3 8592 8099 during our standard business hours.
We do not accept liability in relation to any content displayed on the Oiii Driver Tablet or platform that is entered into or uploaded into the Oiii Driver Tablet or platform by you or any other person. Any person who enters content into or uploads content into the Oiii Driver Tablet or platform is responsible for the legality of the content and any claims arising in respect of that content. We do not accept responsibility for your conduct or the conduct of any other user of the Oiii Driver Tablet or platform. You agree and acknowledge that any claims that you make in respect of any content displayed on the Oiii Driver Tablet or any other part of the platform that is authored or published by any other user of the platform, and any disputes between you and any other user of the platform, are between you and that other user alone. Without limiting the foregoing provisions, if you enter into any agreement with any other user of the platform (such as a passenger), and a dispute arises in respect of that agreement, the dispute is solely between you and that user, and does not involve us and you hereby release us from any claims that you may otherwise have against us in relation to any conduct of that passenger or other user of the platform.
Where you upload any information, text, graphics, or other audio or visual material (“content”) into, or enter any content into, the Oiii Driver Tablet, you will be deemed to have warranted and represented that:
(a) you are fully entitled and authorised to upload, input, transfer and disclose the content to us and our other users; and
(b) the content and our collection, use, storage and/or disclosure of that content in the course of operating our business (including, but not limited to, where such disclosure or use involves displaying the content to or other users of the platform) will not breach any applicable law or any right of any person.
You agree that as between you and us, you are solely responsible for the accuracy, legality and quality of all content you upload into, or enter into, the Oiii Driver Tablet, and for obtaining all and any permissions, licenses, rights and authorisations necessary for us and third parties authorised by us, to use, host, transmit, store and disclose that content. You indemnify us in respect of any third party claims made against us in respect of any content which you enter into, or upload into the Oiii Driver Tablet.
We make no representation in relation to the availability, quality, suitability and appropriateness of any goods and services supplied, or failed to be supplied, by any user of the platform. We are not a party to any Taxi Services Contract. Before entering into any Taxi Services Contract, you should carefully consider the applicable terms and conditions applicable to the Taxi Services Contract, obtain all appropriate advice and take all appropriate precautions.
The publication of any content on the platform by us does not constitute a recommendation, endorsement or any advice from us or any of our officers, employees or agents in respect of the content. Any content displayed on the platform is solely the responsibility of the person who entered or uploaded the content into the platform. You agree and accept to use the platform at your sole risk and that, to the extent possible by law, other than liability which by law cannot be excluded, we shall not (and neither shall Apple or Google) have any liability to you in respect of any content posted to the platform by any person. Without limiting the foregoing provisions, we do not endorse or recommend any taxi operators and/or drivers or take responsibility or accept liability for the acts or omissions of any taxi operators and/or drivers.
We check content entered into or uploaded into the platform from time to time, but we do not review or moderate all content. If we become aware of content that breaches our Acceptable Use Policy we will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If you see any content on the platform that you think breaches our Acceptable Use Policy (set out below), please contact us.
Acceptable Use Policy
You agree that:
(a) using the platform to violate all or any laws or the legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by this EULA;
(b) using the platform in relation to crimes such as theft and fraud is strictly prohibited by this EULA;
(c) introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by this EULA;
(d) using the platform to make fraudulent offers of goods or services is strictly prohibited by this EULA;
(e) using the platform to carry out security breaches or disruptions of network communication is strictly prohibited by this EULA. Security breaches include accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(f) using the platform to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited by this EULA;
(g) using the platform to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers is strictly prohibited by this EULA;
(h) using the platform to interfere with or deny service to anyone is strictly prohibited by this EULA;
(i) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the platform is strictly prohibited by this EULA;
(j) using the platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by this EULA; and
(k) use of the platform in breach of any person’s privacy (such as by way of identity theft or "phishing") is strictly prohibited by this EULA.
Limitation of liability
EXCEPT IN RESPECT OF ANY NON-EXCLUDABLE GUARANTEES IMPLIED BY THE AUSTRALIAN CONSUMER LAW, TO THE MAXIMUM EXTENT PERMITTED BY LAW (AND ONLY IF PERMITTED BY LAW):
(a) WE DO NOT REPRESENT THAT THE INFORMATION AND CONTENT DISPLAYED ON OR VIA THE Oiii DRIVER TABLET SOFTWARE IS ACCURATE, CORRECT, UP-TO-DATE OR ERROR FREE;
(b) WE WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING IN RELATION TO YOUR USE OR INABILITY TO USE THE OIII DRIVER TABLET , THE OIII DRIVER TABLET SOFTWARE OR THAT YOU INCUR UNDER OR IN CONNECTION WITH ANY TAXI SERVICES CONTRACT;
(c) WE ARE NOT LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE THAT YOU INCUR, INCLUDING LIABILITY FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SAVINGS, OR LOSS OF DATA.
The goods and services supplied by us under this EULA may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depend on whether you are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where you are a ‘consumer’ for the purposes of the Australian Consumer Law, we are required to provide and shall be deemed to have provided the following mandatory statement to you: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
If any goods or services supplied by us to you are supplied to you in your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended you will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, we limit our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by us to you, in respect of each of the goods and services, at our option, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
((ii) the repair of such goods;
( (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
( (iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Any warranty against defects provided by us to you in your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
Except with respect to any non-excludable guarantees which are implied by the Australian Consumer Law into this EULA, all conditions, warranties, guarantees, rights and remedies implied in this EULA are excluded, to the extent possible by law.
You must only use the Oiii Driver Tablet in accordance with applicable laws, regulations and regulatory requirements.
Personal Property Securities Act
You are expressly prohibited from registering a security interest on the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009 (Cth) in respect of the Oiii Driver Tablet Software or the Licence granted under this EULA. Without limiting our rights, if you or any person on your behalf records a security interest of any type on the Personal Property Securities Register in respect of the Oiii Driver Tablet Software or the Licence, we may immediately terminate this EULA and/or the Licence granted hereunder without notice and you must immediately cease using the Oiii Driver Tablet.
The Oiii Driver Tablet Software is only available for use by persons over the age of 18 years of age and who are able to enter into legally binding contracts. You may not allow any other person to use the Oiii Driver Tablet Software.
All rights not expressly granted to us in this EULA are expressly reserved by us.
You shall not assign, transfer, license or novate your rights or obligations under this EULA without our prior written consent. We may assign, transfer, licence or novate our rights under this EULA by notice. We may also, by notice, novate our obligations under this EULA at any time in connection with a restructure or sale of all or part of our business or company.
This EULA constitutes the complete and exclusive statement of the agreement between you and us with respect to the Oiii Driver Tablet Software, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the Oiii Driver Tablet Software.
No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
If any provision of this EULA or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this EULA and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
This EULA shall be governed by the laws of Victoria Australia. You and us submit to the non-exclusive jurisdiction of the courts located in Victoria and any courts of appeal therefrom, with respect to any dispute that may arise in relation to the Oiii Driver Tablet Software.
How to contact us
We may issue any notice to you using any email address that you enter into the app at the time of registration for a passenger account.
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