Driver Terms & Conditions of Service
CabCue is a technology platform that brings together Australian service providers with mobile customers (“CabCue”) provided by Cab Cue Pty Ltd (“we”, “us” and “our”), ABN 74 164 258 815.
1. YOUR USE OF CABCUE
1.1 You can only register and use CabCue if you are a licensed taxi driver. We will inactivate your account (in our discretion) where: (i) we have reason to believe that you are not a licensed taxi driver; or (ii) you do not provide the required information, or any other reason to our own discretion
1.2 You agree:
1.2.1 and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the CabCue app, the CabCue.com website or by notifying us via email;
1.2.2 your use of CabCue grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to CabCue software, applications and website) or the intellectual property of our advertising partners, other than the non-transferable, personal right to use and receive the CabCue services in accordance with these Terms;
1.2.3 that you will not use CabCue: for any unlawful purpose; in any way that interrupts, damages, impairs or renders CabCue less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your taxi services in the normal course of the use of CabCue);
1.2.4 and warrant that: you have all the appropriate licenses, approvals and authority to provide taxi services to passengers; that you own or have the legal right to operate the vehicle you use when using CabCue and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;
1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
1.2.6 and acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of CabCue. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via or website;
1.2.7 that you will comply with all applicable laws and be responsible for the provision of your taxi services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);
1.2.8 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
1.3 In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate but we can’t guarantee that it will always be accurate or correct and therefore you should use your own judgment when acting on the basis of information provided.
1.4 CabCue XT is an additional CabCue service to facilitate payments from Non-CabCue Passengers (i.e. passengers who have not registered to use CabCue, or who have entered you taxi without using the CabCue app hailing service). You may only use CabCue XT in connection with your taxi services.
1.5 Please note that we are not responsible for the behaviour, actions or inactions of passengers whether or not they are CabCue users (although, where such passenger is a CabCue registered passenger and pays through CabCue, payment protection is provided in the circumstances set out in clause 2.3 below). Any contract for the provision of taxi services is between you and the passenger and not CabCue and we simply provide a platform to introduce drivers and passengers and facilitate payments in certain circumstances.
2. CHARGES AND PAYMENT
2.1 For taxi drivers it is free to generally use the CabCue XT.
2.2 Surcharges are charged according to state regulations and are paid by the passenger.
2.2 We do not provide payment protection or guarantees in relation to CabCue XT transactions. This means that you will bear the risk in the event that a transaction proves to be fraudulent or unauthorised. The following additional terms apply where you use CabCue XT:
2.2.1 you may only accept and process payments using CabCue XT where the cardholder has authorised such transaction;
2.2.2 any fees due to you shall be paid by us less: (i) any chargebacks and chargeback costs (where card issuers, schemes or financial institutions refuse to settle a transaction or demand payment in respect of a disputed transaction and the administrative costs incurred as a result of this); and (ii) any fees or costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay; and
2.2.3 we have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these Terms.
2.3 Where CabCue registered passengers pay with a pre-registered credit card through the CabCue app, we will provide payment protection over such transactions.
2.4 The balance of any payments owing to you from passengers will be provided in accordance with the terms set out in the app and website. We may withhold or delay payments to you where:
2.4.1 the passenger denies authorising or we have reasonable grounds to suspect that the passenger did not authorise the relevant transaction; or
2.4.2 pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.
2.5 You acknowledge that payment providers may ask that we or they conduct an audit of your activities to ensure compliance with these Terms and use of CabCue or CabCue XT and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies.
3.1 We may terminate our service and close any account you have with us by giving you 10 days’ notice by email to your registered email address. We may also terminate our service to you and close your account without notice if you breach any of your obligations under these Terms, if you cease to be a licensed taxi driver, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
3.2 We reserve the right to suspend, restrict or terminate your access to CabCue and CabCue XT at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
3.3 You may cancel these Terms at any time by notifying us to close your account by contacting us directly via email at support[at]cabcue.com. Any hardware that you are leasing from us will need to be returned within the notice period, in good working and without any damage. We reserve the right to charge you repair or replacement costs if any of the hardware is damaged or not returned to us within the notice period.
4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
4.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law. These include that we will provide CabCue to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights.
4.2 If we breach these Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of $1,000. “Foreseeable” means that the losses could have been reasonably contemplated by you and us at the time of entering into these Terms.
4.3 We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any passengers (other than in the circumstances set out in clause 2.2); (iii) the actions or inactions of other drivers; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; or (v) failure to provide CabCue or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network, hardware, or software failure).
5.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 3.3, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
5.2 If you breach these Terms and we take no action against you, we will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
5.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
5.4 These Terms are not intended to give rights to anyone except you and us.
5.5 We are constantly looking for ways to improve and expand CabCue. We may amend these Terms from time to time in order to reflect changes to CabCue in which case we will give you reasonable notice by email of any changes to these Terms. You can terminate at any time as set out above.
5.6 We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within Australia. Australian law shall apply.
5.7 These Terms and Conditions were last updated on 15 Jnuary 2016.