Last updated: 25 Spetember, 2017 | V1.3
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. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS OF THIS END USER LICENCE AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL OR USE THE Oiii PASSENGER SMARTPHONE APPLICATION AND YOU MUST DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES.
About this End User Licence Agreement
We reserve the right to amend this EULA at any time and from time to time by posting an amended version of the EULA on our website at oiii.com/eula.. The amended versions will become effective upon us posting them to that webpage and your continued use of the app 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 app. If you do not wish to continue using the app at any time, including where you object to our amendment of this EULA, you must immediately cease using the app and delete the app from each electronic device upon which it is installed..
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 administer taxi bookings made via the app (“bookings”) and payments. The platform consists of the Oiii Passenger App and other 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 reserve the right to withdraw and/or modify the app and/or the platform at any time in our absolute discretion.
WE DO NOT PROVIDE THE TAXI SERVICES THAT PASSENGERS CAN BOOK THROUGH THE APP. THE TAXIS THAT CAN BE BOOKED THROUGH THE APP ARE OWNED AND OPERATED BY THIRD PARTIES. AS WE DO NOT PROVIDE TAXI SERVICES WE DO NOT ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY TAXI OPERATOR OR FOR THE PERFORMANCE OF ANY SERVICES PROVIDED BY ANY TAXI OPERATOR. THE FACT THAT A TAXI IS BOOKED VIA THE OIII PASSENGER APP IS NOT AN ASSURANCE THAT THE TAXI WILL BE ON TIME OR ARRIVE OR HAVE ANY OTHER FEATURES OR CHARACTERISTICS. YOU MUST NOT USE ANY TAXI BOOKED THROUGH THE APP TO TRANSPORT ANY DANGEROUS OR HAZARDOUS MATERIALS OR FOR ANY UNLAWFUL PURPOSES.
Any information published via the platform regarding any taxi operator is not an endorsement, representation or guarantee that the information is accurate or that the taxi will be punctual, well presented or perform the taxi 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 taxis to transport them to and from the locations that they specify in their bookings;
(c) tools which allow passengers to view trip history and submit feedback to us about the app;
(d) lost property functionality that allows passengers to submit details of personal property that they have lost in a taxi booked through the app;
(e) payment functionality that allows passengers to pay for taxis booked through the app using a credit card;
(f) the ability to use “Oiii Credit” that we may give to a passenger to pay for taxis 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);
(g) functionality that allows passengers to specify their preferred taxi operators, making it easier for them to book taxis with those operators via the app;
(h) the ability for passengers to specify a default mood for taxis 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. The app requires an active internet connection and to the maximum extent permissible by law in such circumstances we will not be liable for any missed bookings, loss of business, loss of revenue or other loss that you may suffer as a result of any such loss of reception. You are responsible for all telecommunications charges and any data charges that you incur in connection with your use of the app.
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 and/or driver 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 and/or driver for no charge or after a booking is accepted by a taxi operator and/or driver 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 and/or driver, a separate contract shall be deemed to have been entered into between the passenger and the taxi operator and/or driver under which the taxi operator and/or driver agrees to transport the passenger to and from the location specified in the booking in exchange for payment by the passenger of the applicable government regulated taxi fare and any applicable tolls and charges (“Taxi Services Contract”). 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. Any terms and conditions entered into between the passenger and the taxi operator and/or driver 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 Taxi Services Contract that you enter into. We are not a party to any Taxi Services Contract. Taxi drivers and/or operators are not our employees, contractors or agents.
Fare estimates are displayed to passengers when making booking requests. The fare estimates are not quoted and are based on the journey route indicated on the map in the Oiii Passenger App and average traffic conditions. The actual fare charged can vary with the actual locations, traffic conditions, time of day and actual route driven. The shortest route in any route options available may not necessarily be the quickest route. Any estimates include GST and standard surcharges based on vehicle type but do not include tolls, airport charges etc.
Payment of taxi fares, tolls and charges
Where you enter any credit card details into the app you will be deemed to have:(a) warranted 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 taxi fares, tolls and charges that we estimate that you will incur when you book a taxi via the app;
(c) automatically deduct taxi fares, tolls and charges from your credit card immediately upon our issuance of any invoice to you via email with respect to any taxi fares, tolls and charges; and
(d) authorise us to deduct any cleaning fees that any third party taxi operator notifies us that they have incurred as a result of any cleaning of their taxi specifically required as a result of your conduct.
Except where contrary to applicable law, all taxi fares, tolls and charges paid by you via the app are non-refundable.
We are not responsible for the operation of any taxi, any taxi driver or taxi operator.
We are not responsible for any taxi, taxi driver or taxi 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.
Your Licence to download, install and use the app
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, licence, 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.
Our right to terminate the Licence
The Licence is conditional upon (and automatically terminates if you fail to comply with all or any of):
(a) the provisions of this EULA;
(b) the App StoreSM (online store) Terms of Service (“Usage Rules”) to the extent the Usage Rules are applicable;
(c) all applicable laws and regulations governing the downloading, installation and operation of the app.
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 app, the platform or any computer server or website required for the intended operation of the app, or if we deem that it is reasonably necessary to do so to protect our legitimate interests. Upon termination:
(a) we may deactivate and/or prevent your further use of the app via whatever technical means we choose to employ;
(b) you must cease to use the app; and
(c) you must delete all copies of the app in your possession and control, without prejudice to any other of your or our rights or remedies that accrue prior to termination.
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. 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 .
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.
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. 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;
(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 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 transaction, 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.
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 our 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 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 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.
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
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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