Last updated: Monday 22 February 2016
These Terms and Conditions (Terms) govern the access or use by you from within Australia of applications, websites, content, products, and services (Service) made available by Taxi Lineup Pty Ltd (Taxi Lineup).
By using or receiving any Services, including using any websites provided as part of the Services, and downloading, installing or using any associated software or applications supplied by Taxi Lineup to enable you to use the Service (Software), you expressly acknowledge and agree to be bound by the Terms, and any future amendments and additions to these Terms as published from time to time at this location or through the Service or Software.
Taxi Lineup reserves the right to modify these Terms or its policies relating to the Service or Software at any time, effective upon posting of an updated version of these Terms at this location or on the Service or Software. You are responsible for regularly reviewing these Terms. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.
The Services constitute a technology platform that enables users of Taxi Lineup’s Service and/or Software to arrange and schedule courier or parcel delivery services with independent third party providers of such services, including independent third party transportation providers, independent third party courier service providers and independent third party logistics providers under agreement with Taxi Lineup or any of its affiliates (Third Party Providers).
You acknowledge that Taxi Lineup does not provide transportation, logistics or courier services, and Taxi Lineup is not a transportation carrier and that all such transportation, courier or logistics services are provided by independent Third Party Providers. It is up to the Third Party Providers, who are not employed by Taxi Lineup or its affiliates, to offer transportation, logistics or courier services to you, which may be scheduled through use of the Software or Service. Taxi Lineup offers information and a method to obtain such Third Party Provider services and has no responsibility or liability for any Third Party Provider other than stated in these terms.
Unless otherwise agreed by Taxi Lineup in a separate written agreement with you (excluding Third Party Providers), the Service is made available solely for your personal, non-commercial use (excluding Third Party Providers that, pursuant to their agreement with Taxi Lineup or its affiliates, can use the Service for commercial use).
Grant of Licence
Subject to these Terms, Taxi Lineup hereby grants you a non-exclusive, non-transferable and revocable right to use the Software and Service, solely for your own personal, non-commercial purposes (excluding Third Party Providers that, pursuant to their agreement with Taxi Lineup or its affiliates, can use the Service for commercial use).
All rights not expressly granted to you are reserved by Taxi Lineup and its licensors.
Licence Use and Restrictions
In order to use most aspects of the Service and Software, you must register for and maintain an active personal user Services account (Account).
Account registration requires you to submit to Taxi Lineup certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner).
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method in connection with Account, may result in your inability to access and use the Service or Taxi Lineup’s termination of these Terms with you. You are responsible for all activity that occurs under your Account.
By using the Software or the Services, you agree that you will:
- keep secure and confidential your account password or any identification we provide you which allows access to the Service or the Software;
- only use the Service or Software for lawful purposes;
- not use the Services for sending or storing any unlawful material or for fraudulent purposes;
- not use the Service or Software to cause nuisance, annoyance or inconvenience;
- not impair the proper operation of the network;
- not try to harm the Service or Software in any way whatsoever;
- not copy, or distribute the Software or other content without the written permission of Taxi Lineup;
- only access the Services using authorised means;
- only hold one Account unless otherwise permitted by Taxi Lineup in writing.
The Service and Software is not available to children (persons under the age of 18). If you are under the age of 18, you must not use the Software or Service.
You must not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
- modify or make derivative works based upon the Service or the Software;
- reverse engineer or access the Software in order to:
a. build a competitive product or service;
b. build a product using similar ideas, features, functions or graphics of the Service or Software, or
c. copy any ideas, features, functions or graphics of the Service or Software;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software;
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- provide User Content (as defined below) that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Taxi Lineup in its sole discretion, whether or not such material may be protected by law;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein;
- attempt to gain unauthorised access to the Software or Service or its related systems or networks;
- allow persons under the age of 18 to receive transportation, courier or logistics services from Third Party Providers.
When using the Software or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Software or Service.
It is your responsibility to check to ensure you download the correct Software for your device. Taxi Lineup is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. Taxi Lineup reserves the right to terminate these Terms if you use the Service or Software with an incompatible or unauthorised device.
You will provide us with whatever proof of identity we may reasonably request.
By creating an Account, you agree that the Service may send you text messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text messages from Taxi Lineup at any time by sending an email to email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Services.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (Charges).
After you have received services or goods obtained through your use of the Service, Taxi Lineup will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
Charges will be inclusive of applicable taxes where required by law.
Charges paid by you are final and non-refundable, unless otherwise determined by Taxi Lineup.
You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Taxi Lineup will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
As between you and Taxi Lineup, Taxi Lineup reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Taxi Lineup’s sole discretion.
Taxi Lineup may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
All Charges are quoted in Australian dollars and are inclusive of GST.
If you have not set up a credit account with us, all Charges are due immediately and payment will be facilitated by Taxi Lineup using the preferred payment method designated in your Account, after which Taxi Lineup will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Taxi Lineup may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
If you have set up a credit account with us:
- unless we agree otherwise with you in writing, Taxi Lineup may invoice you for the Charges, monthly in arrears;
- you must pay each invoice issued by Taxi Lineup in full (without any set off) [within 14 days];
- Taxi Lineup may allocate and apply payments received from you in such manner and order as Taxi Lineup deems fit; and
- Taxi Lineup may charge interest on any overdue amount at a rate equivalent to [2.5%] per annum above the business overdraft interest rate published by [nominate Bank], as determined and calculated by Taxi Lineup. Such interest will be payable on demand by Taxi Lineup and for so long as it remains unpaid will accrue daily and compound on a monthly basis.
You will be in breach of these Terms if:
- you breach a material term of these Terms and the breach is not remedied within 14 days of receiving notice from Taxi Lineup to do so;
- you become insolvent, under administration, have a controller appointed, are in receivership, in liquidation or are otherwise unable to pay debts when they fall due or have something with the same or a similar effect happen under the laws of any jurisdiction; or
- you have not paid the Charges or any other amount owing under these Terms by the due date for payment.
Intellectual Property Ownership
You acknowledge and agree that Taxi Lineup owns all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service.
You acknowledge and agree that these Terms do not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by Taxi Lineup. Taxi Lineup’s name, Taxi Lineup’s logo, and the product names associated with the Software and Service are trade marks of Taxi Lineup, and no right or licence is granted to use them.
Taxi Lineup may, in Taxi Lineup’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Taxi Lineup through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (User Content).
Any User Content provided by you remains your property. However, by providing User Content to Taxi Lineup, you grant Taxi Lineup a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or devised in the future (including in connection with the Service and Taxi Lineup’s business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Taxi Lineup may, but shall not be obligated to, review, monitor, or remove User Content, at Taxi Lineup’s sole discretion and at any time and for any reason, without notice to you.
Third Party Dealings
During use of the Software and Service, you may enter into correspondence/communications with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Taxi Lineup and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party.
Taxi Lineup does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall Taxi Lineup or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
Taxi Lineup provides the Software and Service to you pursuant to these Terms. You recognise, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Taxi Lineup disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
Taxi Lineup may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis.
You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
Representations and Warranties
By using the Software or Service, you expressly represent and warrant that:
- you are legally entitled to enter these Terms;
- you are at least 18 years old;
- you have the right, authority and capacity to enter into these Terms and to abide by these Terms;
- you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant Taxi Lineup the licence to the User Content referred to above; and
- neither the User Content nor your submission, uploading, publishing of, or otherwise making available, such User Content nor Taxi Lineup’s use of the User Content as permitted under these Terms will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By entering into these Terms and using the Software or Service, you hereby indemnify and agree to hold Taxi Lineup its officers, directors, employees and agents harmless from and against any and all claims, demands, damages, losses, liabilities and expenses (including solicitor’s fees and costs) arising out of or in connection with:
- your use of the Services or services or goods obtained through your use of the Services;
- your violation or breach of any term of these Terms or any applicable law or regulation;
- your violation of any rights of any third party, including Third Party Providers arranged via the Service or Software;
- Taxi Lineup’s use of your content; or
- your use or misuse of the Software or Service.
The Service and Software is provided to you strictly on an “as is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or infringement, are excluded to the maximum extent permitted by applicable law by Taxi Lineup.
Taxi Lineup makes no representation, warranty, or guarantee as to the accuracy, completeness, reliability, safety, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.
You agree that the entire risk arising out of your use of the Software and Service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
Taxi Lineup’s Service and Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Taxi Lineup is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Software and any updates to them. Taxi Lineup does not guarantee that the Service, or any portion of the Service, will function on any particular hardware or devices.
The disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Limitation of Liability
In no event will Taxi Lineup’s total liability to you in connection with the Services for all damages, losses and causes of action exceed two hundred and fifty Australian dollars (AUD 250.00).
In no event will Taxi Lineup be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, property damage, loss of data, loss of revenue, loss of profits, loss of use or loss of any other economic advantage related to, in connection with, or otherwise resulting from any use of the Services), even if Taxi Lineup has been advised of the possibility of such damages.
Taxi Lineup will not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service or Software, including but not limited to the use or inability to use the Service or Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider even if Taxi Lineup has been previously advised of the possibility of such damages.
Taxi Lineup’s Services may be used by you to request and schedule transportation, goods or logistics services with Third Party Providers, but you agree that Taxi Lineup has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by Third Party Providers other than as expressly set forth in these terms.
The limitations in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
If goods other than those listed below are lost or damaged due to our negligence or wilful misconduct we will pay you, or the person you nominate, the lesser of: (a) $250 or the amount nominated by you (to a maximum of $1,000 or other maximum advised by us); (b) the substantiated cost of repairs to the goods; or (c) the fair value of the goods as reasonably determined by us.
We will not pay for any loss or damage to documents, goods in prepaid wallets, satchels or envelopes, appliances with electrical components, computers, jewellery, pictures or picture frames, porcelain china, ceramic items, crystal, marble or enamel goods, goods the production, sale, import or export of which is prohibited by laws, dangerous goods, glass (including bottles and their contents), windscreens, car panels, precious stones or metals, currency or negotiable instruments, produce, liquids, perishable goods, floor or wall tiles, fragile goods, regulated waste, cigarettes or goods under bond.
Taxi Lineup may give notice by means of a general notice on the Service, electronic mail to your email address in your Account, or by written communication sent to your address on record in your Account.
You may give notice to Taxi Lineup by written communication to Taxi Lineup’s address at: Taxi Lineup Pty Ltd, Suite 18, 2-6 Chaplin Drive, LANE COVE WEST, NSW 2066 addressed to the attention of: Chief Executive Officer.
These Terms may not be assigned by you without the prior written approval of Taxi Lineup but may be assigned without your consent by Taxi Lineup to a parent or subsidiary, an acquirer of assets or a successor by merger.
These Terms shall be governed by and construed in accordance with the laws in force in Australia and each party submits to the exclusive jurisdiction of the state and federal courts located in Sydney NSW, Australia. No joint venture, partnership, employment, or agency relationship exists between you, Taxi Lineup or any Third Party Provider as a result of these Terms or use of the Service or Software. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced to the fullest extent under law. The failure of Taxi Lineup to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Taxi Lineup in writing. These Terms comprise the entire agreement between you and Taxi Lineup in relation to their subject matter and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties.
Acceptance and Execution
By clicking “I accept”, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and that you are legally competent to enter into this Agreement with Taxi Lineup.