Passenger Terms & Conditions of Service
1. YOUR USE OF CABCUE
1.1 You can only use CabCue where you have registered to do so.
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 or by logging in to our website CabCue.com;
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 retail or 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;
1.2.4 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
1.2.5 and acknowledge that we have limited control over the nature and content of information and chat 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;
1.2.6 that you will comply with all applicable laws;
1.2.7 to make payment in full to any taxi drivers introduced to you through CabCue for any services provided by such driver to you (although you may choose to use the CabCue app to facilitate such payment);
1.2.8 to treat taxi drivers introduced to you through CabCue with respect and not to cause damage to their taxi or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their taxi or the CabCue service;
1.2.9 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 Please note that we are not responsible for the behaviour, actions or inactions of drivers of taxis which you may use (through CabCue or otherwise). Any contract for the provision of taxi services is between you and the driver and not CabCue and we simply provide a platform to introduce drivers and passengers.
2. CHARGES AND PAYMENT
2.1 If you choose to pay for a taxi ride through CabCue then such payment will be taken automatically at the end of the journey using the card details you registered with us and which we will store for such purpose. You agree that we may undertake authorisation checks on that card when you first join as well as when you order a CabCue taxi.
2.2 When you join CabCue, you will be given the option to pre-set a default “tip” percentage of your choosing. This will automatically be added to the taxi fee at the end of each journey unless you choose to override it with a different tip amount or to remove the tip. You can re-set the tip default amount at any time by updating your profile details via the app.
2.3 Once you have taken a taxi journey with CabCue you won’t be able to cancel (since the service has already been provided) and your payment will be taken automatically and is non-refundable. If you have any complaint in relation to the taxi service provided then that dispute must be taken up with the taxi driver directly.
2.4 In relation to any taxis organised for you through CabCue you also agree to pay additional charges (for example where you then do not complete that journey or cancel when a taxi has already been allocated to you or for any damage or cleaning costs to the taxi which you incur) as set out in more detail here:
- Cleaning: You will be charged $50 if after your journey the taxi requires cleaning.
- Damage: You will be charged at cost for any damage to the taxi caused by you.
3.1 We may terminate these Terms and close any account you have with us by giving you 7 days’ notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, 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 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 are under no obligation to use the service and may simply choose to stop using it at any time).
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. For more information about your statutory rights you can contact your local Citizens Advice Bureau or Trading Standards Office.
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 $500. “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 drivers; (iii) the actions or inactions of other CabCue users; (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 failure).
5.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other 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 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.
5.7 These terms and conditions were last updated in December 2013.