Last updated: 28 September, 2024 | V2.0

THIS END USER LICENCE AGREEMENT SETS OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY DOWNLOAD, INSTALL, ACCESS AND OPERATE THE Oiii PASSENGER SMARTPHONE APPLICATION. BY DOWNLOADING/INSTALLING/USING THE Oiii PASSENGER SMARTPHONE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS END USER LICENCE AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT; AND (C) ACCEPT THIS END USER LICENCE AGREEMENT, AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS AND ANY SUPPLEMENTARY TERMS AND THAT YOU AGREE TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS OF THIS END USER LICENCE AGREEMENT, ANY SUPPLEMENTARY TERMS OR OUR PRIVACY POLICY, PLEASE CONTACT US TO DISCUSS ANY OF YOUR PROPOSED AMENDMENTS AND UNLESS WE AGREE IN WRITING TO YOUR PROPOSED AMENDMENTS YOU MUST NOT DOWNLOAD, INSTALL, ACCESS OR OPERATE THE Oiii PASSENGER SMARTPHONE APPLICATION AND YOU MUST DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES.

About this End User Licence Agreement

This End User Licence Agreement (“EULA”) is a binding agreement entered into between you (the person who downloads, installs, accesses and/or operates the Oiii Passenger Smartphone Application (“you”) and Net-Cabs Pty Ltd [ABN 22 167 868 859] of F56, 63 Turner Street, Port Melbourne VIC 3207 (referred to herein as “we”, “our” and “us”), and not with Google Inc. (“Google”), Apple Inc. (“Apple”) or any other third party. Any reference in this EULA to an “operator” means an operator and/or driver of a third party owned taxi or rideshare vehicle. This EULA governs your access to, and use of the Oiii Passenger Smartphone Application and all related documentation that we publish about the Oiii Passenger Smartphone Application (together, the “app”). Your use of the app is subject to the provisions of this EULA, our Privacy Policy at https://oiii.com/privacypolicy/ (“Privacy Policy”) and any other applicable terms and conditions set out on our website at https://oiii.com/terms-conditions/ (the “website”) (“supplementary terms”). Our Privacy Policy and any supplementary terms are hereby incorporated into this EULA by reference.

In this EULA, “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth) and the words “includes”, “including” and similar expressions are not words of limitation and shall be interpreted as if the words “but not limited to” followed them.

We may amend this EULA at any time by giving you notice of the update or amended version. All such notices will be sent by email to you using the email address that we have on file for you. It is your responsibility to immediately update your email address in your passenger account if your email address changes, to ensure that you receive all notices that we send to you.

The notice period that we will provide of any such updates or amendments is as follows:

(a) where the amendments introduce new functionality, which does not create any adverse impact on you, 1 day’s notice is required;
(b) where the updates or amendments are required for security reasons, 2 days’ notice;
(c) where the updates or amendments are required to address any change in applicable law, 7 days notice;
(d) if the updates or amendments will diminish any of your rights or remedies, increase your obligations or potential liabilities under this EULA or reduce or limit our obligations, or result in any material reduction in existing functionality or material degradation in performance of the app (collectively, “Adverse Impact Events“), we will give you at least 90 days’ prior notice of any amendments that will result in such any Adverse Impact Events; and
(e) in all other cases, we will give you 30 days’ notice.
(Notice Period).

We may reduce the Amendment Notice Period as is reasonably required in the event that it is not practical or possible to give you such notice. Unless you notify us in writing prior to the expiry of the Amendment Notice Period (or any extension thereof that we agree to) that you wish to terminate this EULA or you cease using the app, you will be deemed to have accepted the updates of the app and amended versions of this EULA in all respects and the updated and amended version will henceforth apply in all respects.

It is your responsibility to ensure that you have read and understood all amended versions of this EULA that we notify you of.

Oiii Passenger App – 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 app (“passengers”) to book third party owned and operated taxis and rideshare vehicles and administer vehicle bookings made via the app (“bookings”), bid for fixed price fares and make and receive payments for trips. The platform consists of the Oiii Passenger App and other related software and applications that have been developed by us or on our behalf (collectively, the “platform”). The Oiii Passenger App is just one part of the platform. The app is licensed, not sold, to passengers.

WE ARE NOT A TRANSPORTATION CARRIER. WE ARE A BOOKING SERVICE PROVIDER (AND WE ARE ALSO KNOWN AS AN ON-DEMAND BOOKING SERVICE PROVIDER AND/OR NETWORK SERVICE PROVIDER) THAT PROVIDES A MARKETPLACE FOR CONNECTING PASSENGERS WHO USE THE OIII PASSENGER APP WITH OIII DRIVERS WHO USE THE OIIIPLUS APP OR OIII DISPATCH EQUIPMENT (“VDS”). WE DO NOT OWN THE TAXIS AND RIDESHAREE VEHICLES THAT PASSENGERS CAN BOOK THROUGH THE OIII PASSENGER APP. THE TAXIS OR RIDESHARE VEHICLES THAT CAN BE BOOKED THROUGH THE APP ARE OWNED AND OPERATED BY THIRD PARTIES. WE DO NOT ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY OPERATOR OR FOR THE PERFORMANCE OF ANY SERVICE PROVIDED BY ANY OPERATOR. THE FACT THAT A VEHICLE IS BOOKED VIA THE OIII PASSENGER APP IS NOT AN ASSURANCE THAT THE VEHICLE WILL BE ON TIME OR ARRIVE OR HAVE ANY OTHER FEATURES OR CHARACTERISTICS. YOU MUST NOT USE ANY VEHICLES BOOKED THROUGH THE APP TO TRANSPORT ANY DANGEROUS OR HAZARDOUS MATERIALS OR FOR ANY UNLAWFUL PURPOSES.

Any information published via the platform regarding any operator is not an endorsement, representation or guarantee that the information is accurate or that the vehicle will be punctual, well presented or perform the transport services for which they are booked via the app effectively or to any particular level of service.

The features of the app presently include (among other things):

(a) account registration functionality which permits users of the app to register passenger accounts on the platform;
(b) the app allows users who have registered on the app for a passenger account (“passengers”) to book third party owned and operated vehicles to transport them to and from the locations that they specify in their bookings (each such trip, an “Oiii trip”) for either the government regulated taxi fare and any applicable tolls, levies, charges and GST, or alternatively for a fixed price agreed when an Oiiibid is accepted (see below);
(c) a bidding system that passengers and operators can use (at their option) if they wish to negotiate a fixed price fare with respect to any Oiii trip through bids made by passengers and operators (each such bid is referred to in this EULA as an “Oiiibid” and any Oiiibid that is accepted by a passenger or operator is referred to in this EULA as an “Accepted Oiiibid”);
(d) tools which allow passengers to view trip history and submit feedback to us about the app;
(e) lost property functionality that allows passengers to submit details of personal property that they have lost in a vehicle booked through the app;
(f) payment functionality that allows passengers to pay for vehicles booked through the app using a credit card and to use disability subsidies where passengers are members of a compatible disability subsidy scheme;
(g) the ability to use ‘Oiii Credit’ that we may give to a passenger to pay for vehicles booked through the app (please note that Oiii Credit may not be redeemed for cash and is subject to any conditions that we specify for redemption of Oiii Credits);
(h) functionality that allows passengers to specify their preferred operators, making it easier for them to book taxis with those operators via the app;
(i) the ability for passengers to specify a default mood for Oiii trips booked through the app.

The app is owned by us and may be installed on a range of iOS and Android internet-enabled devices approved by us. To operate the app in its intended manner, your electronic device (that you use to download, use or access the app) must be compatible with the app and must have an active internet connection, sufficient battery life, and location services, data network access, app notifications and app tracking enabled. We do not warrant that the app will at any time be compatible with your version or model of electronic device, operating system or hardware unless the version or model is listed on our website as a compatible version or model at the relevant time. You are responsible for ensuring that all relevant updates, upgrades or patches as released from us are downloaded onto your electronic device and for the timely payment of any rates and fees for the continued operation of your data network. The app may lose reception, be delayed or malfunction depending on those above mentioned factors 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 such matters or for any other matter beyond our reasonable control. You are responsible for all telecommunications charges and any data charges that you incur in connection with your use of the app.

Location Tracking, Notifications and App Tracking

The app requires location tracking, notifications and app tracking functionality (“Device Services”) to be activated by default. You must ensure that the Device Services are activated on your electronic device at all times whilst you operate the app. You acknowledge that your location data will be shared with operators during the provision of any ridesharing services booked via the app. App Notifcations are required to inform you of events relevant to booking, bidding, dipatch and transport services. App Tracking is required to monitor the use of the services provided. You must not use the app on any electronic device that does not support or allow for Device Services to be activated.

Oiii Bookings

As described above, passengers can book third party owned and operated vehicles using the app. By booking an operator’s service via the app, the passenger shall be deemed to have made an offer to engage the operator of the booked vehicle 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 an operator for no charge or after a booking is accepted by an operator but before the passenger commences his or her journey in the booked vehicle by paying a $10 cancellation fee. Once a booking is accepted by an operator, a separate contract shall be deemed to have been entered into between the passenger and the operator under which the operator agrees to transport the passenger to and from the location specified in the booking in exchange for payment by the passenger of the agreed fare (“Service Contract”). The applicable fare payable by the passenger to any 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 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 services unless otherwise agreed between the passenger and the operator pursuant to an Accepted Oiiibid. Where available, eligible passengers are entitled to disability subsidies that reduce the portion of an agreed fare payable by them (provided that the balance of the agreed fare is paid by a disability subsidy scheme) where they are members of a compatible disability subsidy scheme with Oiii. Any terms and conditions entered into between the passenger and the operator which conflict with the terms of this EULA shall be deemed to be void. If you are a passenger you must comply with the terms of each Service Contract that you enter into. We are not a party to any Service Contract. Operators are not our employees, contractors, representatives or agents.

Oiiibids

Oiiibid allows passengers and operators to negotiate fixed price 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 an Oiii trip (“initial bid”). Oiiibids (including any initial bid and any subsequent passenger bids) are only displayed to certain operators which the platform determines as suitable by using proprietory algorithms developed for Oiii that underpin the platform, including algorithms that are used to help predict which operators may be interested in relevant bids. Any operator may accept a bid made by a passenger, but once a passenger bid is accepted by an operator it cannot be accepted by any other operator. Similarly, once an operator counterbid is accepted by a passenger with respect to an Oiii trip, other operators can no longer issue counterbids or accept any passenger bids for that trip. Once a bid made by a passenger is accepted by any operator or a counter-bid made by an operator is accepted by a passenger, the Accepted Oiiibid will become a binding term of the applicable Service Contract between the passenger and the 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 operators and may not be compatible with government subsidy schemes unless specified in Oiii.

Accepted Oiiibids cannot be changed except where both the passenger and operator who agreed to the Accepted Oiiibid consent to the change and the change is a change to any destination of the Oiii trip the subject of the booking (“Authorised Accepted Oiiibid Change”). If there is an Authorised Accepted Oiiibid Change:

(a) the fixed price fare the subject of the Accepted Oiiibid will be replaced by a new fixed price fare agreed by the passenger and operator and recorded in the platform by the operator and all other terms of the Service Contract will remain unchanged; and
(b) we will modify the passenger’s pre-authorised credit card transaction amount (see below) with an amended amount reflecting the Authorised Accepted Oiiibid Change once the operator enters the Authorised Accepted Oiiibid Change into the platform.

Fare estimates and trip routes

Fare estimates are displayed to passengers when making booking requests based on the route selected by the passenger for a proposed Oiii 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 operator in the course of the Oiii 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. As noted above, eligible passengers may use disability subsidies where they are members of a compatible disability subsidy scheme.

Where there is an Accepted Oiiibid, the operator must take the quickest path to complete the 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 trip does not in fact include tolls despite an Oiiibid assuming that a toll would be payable.

Payment of transport fares, levies and other charges

We will facilitate the payment of the transport fares, tolls, levies, payment processing charges, booking charges, other trip related charges, GST and cancellation fees payable by you under each Service Contract that you enter into, using any credit card details that you enter into the app; and where applicable, any disability subsidy scheme that you are eligible to participate in, provided that you have added your disability card to the app, the card is current and the Service Contract is eligible for a subsidised payment under the applicable disability subsidy scheme. We do not store any credit card details on the platform. We store credit card details with our third party payment provider, Stripe Australia Pty Ltd A.C.N. 160 180 343. You can access the Stripe privacy policy at https://stripe.com/au/privacy.

Where you enter any credit card details into the app you will be deemed to have: (a) warranted that the credit card is yours or that you have authority to use the credit card; (b) authorised us to pre-authorise your credit card for the relevant transport fares, tolls, levies, payment processing charges, booking charges, other trip related charges and GST that we estimate that you will incur when you book a transport service via the app; (c) automatically deduct all fares (whether metered or fixed price fares the subject of Accepted Oiiibids or otherwise), and any related fees including but not limited to tolls, levies, payment processing charges, booking charges, other trip related charges, GST and cancellation fees from your credit card immediately upon our issuance of any invoice to you via email with respect to all applicable transport and payment processing fees; and (d) authorise us to deduct any cleaning fees that any third party operator notifies us that they have incurred as a result of any cleaning of their vehicle specifically required as a result of your conduct.

Where you add a disability scheme card to the app, or use any disability scheme card in the app, you will be deemed to have: (a) warranted that the disability scheme card is yours or that you have authority to use the disability scheme card; (b) authorised us to charge your disability scheme card for the applicable part of any relevant transport fares (whether fixed price taxi fares the subject of Accepted Oiiibids or otherwise), GST, and any tolls, levies and other approved charges by the government scheme immediately upon our issuance of any invoice to you via email.

Except where contrary to applicable law, all metered fares and fixed price fares the subject of Accepted Oiiibids, government levies, tolls, booking and payment processing charges, cancellation fees, GST and other transport related charges paid by you via the app are non-refundable.

We are not responsible for the operation of any vehicle, any driver or operator

We are not responsible for any vehicle, driver or operator or their performance, maintenance, registration, insurance, safety, cleanliness or fitness for purpose.

Our Intellectual Property Rights

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 app.

You have no rights in the app or in any part of it or in any modification or enhancement thereof, or in the services that we supply through the app, other than the rights temporarily granted to you pursuant to the Licence set out below.

You and us each acknowledge that, as between you and us, in the event of any third party claim that the app or your possession and/or use of the app infringes that third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. However, you will be solely responsible for any such claims caused by your use of the app with software or hardware not approved by us, or where caused by your breach of this EULA.

Privacy

We will comply with all applicable data protection laws including the Privacy Act 1988 (Cth) with respect to any passenger information you enter or upload into the app and any other Personal Information that comes into our possession in the course of operating the app.

Your Licence to download, install and use the app

Upon your acceptance of this EULA, we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to download, install and operate the app on any iOS or Android smartphone device that you own that meets our minimum technical requirements for the app (“Licence”). You may not make any use of the app 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 app. Without limiting the foregoing provisions of the Licence, you must not, under any circumstances, sell or resell access to the app or scrape, republish, mirror, stream, broadcast or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the app or any content you obtain via the app. 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, license, creative derivative works from or enhance the app and/or any content in the app (except as expressly permitted by the Copyright Act 1968 (Cth));
(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 app 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 app.

You must not use the app 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.

Termination and suspension

We may terminate this EULA and terminate the Licence at any time by notice to you, if you fail to comply with:

(a) any reasonable directions by us or any state or territory governing authority;
(b) the App Store

SM

(online store) Terms of Service (“Usage Rules”) to the extent the Usage Rules are applicable; or
(c) all applicable laws and regulations governing the downloading, installation and operation of the app.

Discontinuing use of the app

You may discontinue using the app at any time by deleting it from the smartphone device on which you installed it. We will destroy and/or de-identify Personal Information that we have collected in the course of your use of the app where we have legal obligations to do so.

Accessing the app and the services that we supply via the app

You acknowledge that your use of the app and the services that we supply via the app may not be error free and your use of the app and those services may be interrupted. The app 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 your device 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 app that you can obtain from us by sending an email to info@nulloiii.com.
By entering into this EULA, you acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the app.

Warranty and Product Claims

You agree that as between us and Apple Inc., and as between us and Google Inc., we are solely responsible for any product warranties pertaining to the app, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder.

In the event of any failure of the app to conform to any applicable warranty and where the warranty relates to your use of a version of the app downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for the app to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty will be our sole responsibility.

You and us each acknowledge that as between you and us, we, not Apple or Google, are responsible for addressing any of your claims and of any third party relating to the app or your or their possession and/or operation of the app, including, but not limited to:
(i) product liability claims made in respect of the app;
(ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation in respect of the app.

We are not responsible for any passenger or taxi operator conduct or any warranty claims or other claims relating to any such conduct.

User Content

We do not accept liability in relation to any content displayed on the app that is entered into or uploaded into the app by you or any other person. Any person who enters content into or uploads content into the app 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 app or platform. You agree and acknowledge that any claims that you make in respect of any content displayed on our app that is authored or published by any other user of the app or platform, and any disputes between you and any other user of the app or platform, are between you and that other user alone. Without limiting the foregoing provisions, if you enter into any transaction with any other user of the platform (such as a taxi operator), and a dispute arises in respect of that transaction, 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 taxi operator or other user of the app.

Where you upload any information, text, graphics, or other audio or visual material (“content“) into, or enter any content into, the app, 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 taxi operator users of the platform) will not breach any applicable law or any right of any person.

You licence us on an irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable basis to publish and disclose any content that you provide to us or enter into the platform, provided that we comply with our Privacy Policy.

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 app, 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 app.

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 trip, obtain all appropriate advice and take all appropriate precautions.

The publication of any content on the app or 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 app is solely the responsibility of the person who entered or uploaded the content into the app. You agree and accept to use the app and 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 app or 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 app and 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 app or platform that you think breaches our Acceptable Use Policy (set out below), please contact us.

Acceptable Use Policy

You agree that:

(a) using the app 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 app 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 app to make fraudulent offers of goods or services is strictly prohibited by this EULA;
(e) using the app 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 authorised 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 app to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited by this EULA;
(g) using the app 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 app 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 app is strictly prohibited by this EULA;
(j) using the app 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 app 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 THE APP 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 APP 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 ëconsumerí 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.

Compliance and Export Control

You must only use the app in accordance with applicable laws. You represent and warrant that
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Beneficiary – Apple

We and you each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.

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 app 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 app or the Licence, we may immediately terminate this EULA and/or the Licence granted hereunder without notice and you must immediately cease using the app.

General

The app 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 others to use any passenger account that you register via the app and you may not book taxis via the app for persons under the age of 18.

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 app, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the app.

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. 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 app.

Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries..

How to contact us

Any questions, suggestions or complaints with respect to the app may be sent to us via the following means:
Post:
Net-Cabs Pty Ltd
F56, 63 Turner Street, Port Melbourne VIC 3207 Australia..
Email: info@nulloiii.com

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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