Thank you for using our Services. These are our relevant general terms and conditions (Terms and Conditions) that apply to your visit to and your use of our website at www.urcab.com.au (Website), our Services and Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through our Website, Service and/or Application. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/ OR USING OUR SERVICE.
Your contracting party is URCAB ABN 23620630784. URCAB provides you with the Services, Application and Website (URCAB, we, our). URCAB is a Taxi Booking and Payment Service enabling you to book, and pay for, a taxi cab through the use of an application supplied by us and downloaded and installed by you on your single mobile device (smartphone) (Application) or via our Website. URCAB connects you to taxi drivers so that taxi drivers may pick you up and take you where you need to go. The Application allows you to track the taxi driver's location and manage other functions. All services provided to you by means of you use of the Application and/or Website are collectively referred to as the Service.
URCAB does not provide transportation services. URCAB facilitates the formation and administration of travel arrangements between you and taxi drivers. By using our Services, you are acknowledging that URCAB is not providing you with transportation services and agreeing that URCAB has no responsibility or liability for any transportation services provided to you by taxi drivers. Further information about us can be found at www.urcab.com.au
URCAB is a Platform where persons who seek transportation and logistics services to certain destinations (“Passengers”) can be matched with third party persons independent of us driving to or through those destinations (“Drivers”). Passengers and Drivers are collectively referred to as “Users”. Each User shall create a URCAB account that enables access to the URCAB Platform. We provide the URCAB Platform and enable Users to book and pay for transport and logistics services offered by other Users. For purposes of this Agreement, the driving, transportation and logistics services provided by Drivers to Passengers that are matched through the URCAB Platform shall be referred to collectively as the “Transport Services”. Any decision by a User to offer or accept Transport Services is a decision made in such User's sole discretion. Each of the Transport Services provided by a Driver to a Passenger shall constitute a separate agreement between those persons which does not involve the URCAB Platform or us.
General terms and conditions
By registering on our Website or Application, you consent to the validity of these Terms and Conditions. Neither the registration nor the use of the complete spectrum of Services shall be possible without explicit consent to these Terms and Conditions.
We reserve the right to amend these Terms and Conditions at any time. Following such amendment, the continued use of our Services by you is subject to your consent to such amended terms and conditions. Your continued use of the Services following posting of any changes to this agreement constitutes acceptance of those changes. It is your responsibility to check this agreement periodically for changes. URCAB may also, in the future offer news services and/or features through the Services. Such new features and/or services shall be subject to these Terms and Conditions.
Your agreement with URCAB
By using our Services you are entering into an agreement with us to be bound by these Terms and Conditions. In order to be able to first use our Services, you first need to sign up with us. When signing up, you are obliged to provide us with your personal information.
Upon successful completion of your signing up with us, we will provide you with a personal account, accessible for you with a password of your choice. You may also choose to provide us with your credit card details.Subject to your compliance with this Agreement you are granted a limited, non-exclusive, non sub-licensable, revocable, non-transferable license to (i) access and use the URCAB Platform on your personal device solely in connection with your use of the URCAB Platform; and (ii) access and use any content, information and related materials that may be made available through the services. Any rights not expressly granted herein are reserved by us and our affiliates.
Accounts making use of the URCAB Platform as Passengers are subject to the following terms and conditions:
URCAB Platform may only be used by individuals who can form legally binding contracts under applicable law. URCAB Platform is not available for children (persons under the age of 18) to become Users or Users who have had their User account temporarily or permanently deactivated.
By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
You may not allow other persons to use your User account, and you agree that you are the sole authorised user of your account Unless otherwise authorised by URCAB, passengers may only create one
User account.
Users to the URCAB platform agree not to create multiple accounts. URCAB may in its sole discretion deactivate a Passenger's User account where it is associated with conduct in breach of the Terms and Conditions. For the avoidance of doubt, conduct considered that may be considered to be indicative of breach by Users may include, but is not limited to, multiple user accounts providing differing contact details, abnormal User signup activity, and suspicion as to the provision of false identification by Users.
Drivers
URCAB drivers are (“Registered Taxi Drivers”) driving registered taxis . Accordingly your Transportation Service may be via a Taxis (“Registered Taxis”) at our sole discretion for each fare class depending on availability in your area. Registered Taxis collectively are referred to as Registered Vehicles. By using the URCAB Platform you acknowledge and agree that:
Registered Taxi Drivers are solely responsible for any claim you may have for liability that may arise in connection with the Transport Services (which for the avoidance of doubt includes but is not limited to accidents and property damage)
URCAB operates on mobile phones and the internet and we take no responsibility for any failure or loss you may suffer from third party software and hardware providers that also interact on your device and the URCAB rely on for information (eg the currency of your phone and its software, inaccuracy of GPS location information and outdated operating systems the URCAB Platform are not able to operate on).
You are solely responsible for any data charges you incur as a result of using the URCAB Platform, including, but not limited to, overages, roaming, calls, and sms.
You warrant that all information that you have provided to us for registration is true, accurate and up-to-date in all respects. If your details or information changes you agree to update or correct your details or information in your User account.
Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or URCAB's termination of these Terms with you.
You are solely responsible for the confidentiality of your User account and are responsible for all activity that occurs under your User account. The URCAB enables a User to request another User for Transport Services via the URCAB App over the internet. Once a Passenger's request is accepted by a Driver, you must remain at your pick-up location until the passenger arrives for the nominated time allowance. Only accept a job if you are confident that you can complete it. Failure to complete an accepted job may result in a non-completion fee.
Do not abandon a job once you have accepted it unless absolutely necessary i.e. you are too far away from the pick up location and you have received a customer's approval. Abandoning a job may result in a abandon fee.
At any circumstances ,Driver must not provide there personal number to users which is deemed as a severe misconduct and can lead to fine of minimum $198 and suspension from the Drivers Account which reflects the loss of future revenue URCAB suffers from such action.
When you accept a job, always drive directly to the Passenger's pick up location. Driving in an alternative direction or in a way that causes you to exceed the estimated time of arrival may result in the passenger cancelling the job and incur a non-pickup fee. A Driver must not contact a passenger to cancel a trip. A Driver can only cancel a job themselves once they have accepted a job. The Driver acknowledges that URCAB could suffer material loss of future revenue and reputation from a passenger when a Driver contacts them to cancel a job. URCAB investigates job cancellations including examining whether the Driver has called the passenger. If pursuant to such investigation the Driver has called the Passenger and the Passenger has cancelled, then the Driver agrees that they are assumed to have contacted the passenger to cancel the trip. In such circumstances URCAB in its sole discretion may apply a forced cancellation fee of up to $20 to be payable by the Driver which reflects the loss of future revenue URCAB suffers from such action.
Where a Driver cancels a booked Journey once a passenger has already been allocated, and proceeds to pick up the passenger without utilisation of the URCAB booking platform, Where a Driver attempts to retrieve payment from passengers without utilisation of the URCAB booking platform or in an amount other than what is displayed in the app ,these actions or any other actions that may be considered severe misconduct, at the sole discretion of URCAB may result in a misconduct fee of up to $50, payable by the Driver, which reflects the loss of future revenue URCAB suffers from such action.
Do not talk on the phone, eat or use offensive language during a job.
Drivers must inform URCAB of any delays as far in advance as possible, via the application, or otherwise by telephone to the user.
Drivers must be professional and polite with Users at all times and provide assistance and guidance to the User wherever possible.
This includes listening to and respecting the User's wishes regarding the environment within the Vehicle, in particular respecting the privacy of Users within the Vehicle.
Always be presentable, act professionally, and have good personal hygiene (this is a common Passenger complaint against some drivers). Failure to do so may result in a hygiene/professional fee.
Drivers must ensure that Vehicles are clean, non-smoking, free of significant odours, comfortable, and in full working order.
All in-app payments must relate to a job that has been booked and GPS tracked via the URCAB app.
Processing a payment via the app for a job which has not been booked and tracked in app is strictly prohibited
Driver’s must report to URCAB in the event of any incident that has the capacity to impact the Driver or Passenger's safety including any mechanical fault or car damage that prevents completion of the trip. Third Party Services and Content: The URCAB Platform may be made available or accessed in connection with third party services and content (including advertising) that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. We do not endorse such third party services and content and in no event shall we be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the URCAB Platform using applications developed for Apple iOS, Android, powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the URCAB Platform in any manner. Your access to the URCAB Platform using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service. Users are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
You acknowledge that this area of technology is in constant evolution and theURCAB Platform is likely to upgrade multiple times each year in the near term. You permit us to force upgrade the URCAB App on your phone in our sole discretion.
URCAB operates on mobile phones and the internet and we take no responsibility for any failure or loss you may suffer from third party software and hardware providers that also interact on your device and the URCAB rely on for information (eg the currency of your phone and its software, inaccuracy of GPS location information and outdated operating systems the URCAB Platform are not able to operate on).
You are solely responsible for any data charges you incur as a result of using the URCAB Platform, including, but not limited to, overages, roaming, calls, and sms.
You warrant that all information that you have provided to us for registration is true, accurate and up-to-date in all respects. If your details or information changes you agree to update or correct your details or information in your User account.
Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or URCAB’s termination of these Terms with you.
You are solely responsible for the confidentiality of your User account and are responsible for all activity that occurs under your User account.
URCAB enables a User to request another User for Transport Services via the URCAB App or the internet. Once a Passenger's request is accepted by a Driver, you must remain at your pick-up location until the Driver arrives. Where a passenger cancels a booked Journey once a driver has already been allocated, and proceeds to pick up the passenger these actions or any other actions that may be considered severe misconduct, at the sole discretion of URCAB may result in a misconduct fee of up to $10.
Passenger must report to URCAB in the event of any incident that has the capacity to impact the Driver or Passenger's safety including any mechanical fault or car damage that prevents completion of the trip/ future trips.
PAYMENTS/CHARGES:
It is free to download the URCAB App. Passengers will be charged a fare by Drivers for each Transport Service (“Fare”) and a technology, booking, payment processing and surcharges fee for using the URCAB Platform for matching the Users (“URCAB Service Fee”).
Fare will comprise of:
The in app metered fare for the Transport Service; Toll charges incurred during the Transport Service; If applicable, a tip amount as nominated by a Passenger on the URCAB App; If applicable, any agreed charges between you and the Driver; URCAB Service Fee will comprise of a booking, technology and payment processing fee and surcharges. You agree to pay an additional service fee of 5% in New South Wales, Victoria, South Australia, Queensland, Western Australia and the Australian Capital Territory and 10% in the Northern Territory and Tasmania. This charge will be added to your taxi fare at the end of your trip.
If we use a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service, this paragraph will apply. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions. We are not responsible for any errors by the Payment Processor. In connection with your use of the Services, we will obtain certain transaction details, which we will use solely in accordance with its Privacy and Cookie Notice.
In the case of the use of Registered Taxis a card payments surcharge of no more than 5.0% of the Fare may be applied;
Any government imposed (State or Federal) levies, taxes or other fees in respect of the Transport Service or the provision of the URCAB Platform.
We sometimes refer to the URCAB Service Fee as our commission and we deduct this payment from the total amount paid by the Passenger prior to paying the Driver.
You expressly authorise us to set the prices on all charges connected with the URCAB Platform. You also expressly authorise us to make adjustments to those prices in our discretion at anytime.
In the event of a refund or chargeback you authorise URCAB to recover associated fees and costs required to recover the funds.
In addition to the Fare and the URCAB Service Fee, you may be charged by us: A cancellation fee if you do not complete a booked journey or cancel a journey when a Driver or Passenger has already been allocated to you.
The amount of the fee will be our estimate of the costs we have incurred in cancelling the booking.
An additional fee of up to $120.00 to a Passenger if a Registered Vehicle requires cleaning due to the actions of the Passenger, which will be paid to the Driver as compensation for cleaning costs; and/or An additional amount to rectify any damage, which is in excess to normal wear and tear, to a Registered Vehicle or for harm to the Registered Driver caused by you as a result of providing Transport Services to you which will be paid to the Driver as a reasonable estimate of the loss suffered Fare, URCAB Service Fee and Additional Charges are inclusive of GST. Fare and Additional Charges may be amended from time to time in order to reflect changes to the Transport Service (including the URCAB App.
You acknowledge and agree that:
Payment of the Fare and Additional Charges to Registered Drivers and the URCAB Service Fee to us must be made through the URCAB App;
Payment of the Fare and Additional Charges to Registered Taxi Drivers and the URCAB Service Fee to us must be made through the URCAB App or via another accepted payment method;
Payment of the Fare and the URCAB Service Fee will be taken automatically at the end of the Transport Service using the most recent payment details you have provided us, unless you elect to pay a Registered Taxi Driver via another accepted payment method;
Payment of any Additional Charges, if applicable, will be taken using the most recent payment details you have provided to us; We may, from time to time, undertake authorisation checks on your nominated payment method; and We act in a limited capacity as a payment collection agent for Registered Drivers and Registered Taxi Drivers (when payment is made through the URCAB App) in relation to Transport Services. All Charges are due immediately and payment will be facilitated by URCAB using the preferred payment method designated in your Account, after which URCAB 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, and URCAB has been required to refund the payment (Refund) and incur penalties or gateway processing fees (Refund Costs), then the USER authorises URCAB to charge another nominated payment method of the USER an amount to recover the Refund and Refund Costs and or commence debt recovery action or legal proceedings against the account holder for the Refund and/ or Refund Costs and/or other loss suffered on URCAB's behalf and/or as agent for the driver, to the extent they remain unpaid.
Pre-authorisation
Upon addition of a new payment method or each ride request, We may seek authorisation of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorised behaviour. The authorisation is not a charge, however, it may reduce your available credit by the authorisation amount until your bank's next processing cycle. Should the amount of our authorisation exceed the total funds on deposit in your account, you may be subject to overdraft charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. If you wish to dispute the Fare,URCAB Service Fee and/or any Additional Charges, you agree to contact us.
You agree to co-operate with and support us in the event of a dispute over any transaction.
Communication services
URCAB has no obligation to monitor the Communication Services. However, URCAB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
URCAB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. URCAB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in URCAB’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. URCAB does not control or endorse the content, messages or information found in any Communication Service and, therefore, URCAB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised URCAB spokespersons, and their views do not necessarily reflect those of URCAB.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Safety cameras
For the safety of the customer and the driver video recording ( loop video recording which expires after certain time) may be done in the vehicles and kept as a record for the future reference if any criminal activity happens in the vehicle.Unless complain doesn't come from customer/passenger/ driver record will not be kept more than 36 hrs.For more info read URCAB privacy policy.
Third Party Sites
URCAB Services may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of URCAB and URCAB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. URCAB is not responsible for webcasting or any other form of transmission received from any Linked Site. URCAB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by URCAB of the site or any association with its operators.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or produce polices on those websites prior to using them.
Information for Personal, Non-Commercial Use Only
You agree that information provided by to you by URCAB in connection with the Services is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from our Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our Services including code and software. You must not use our Services for any purpose that is unlawful or prohibited by these terms of use. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on our Services for establishing, maintaining, advancing or reproducing information contained on our Services on your own website, application or in any other publication, except with our prior written consent.
No Unlawful or Prohibited Use
You warrant that the information you provide to us is accurate and complete. We are entitled at all times to verify the information that you have provided and to refuse the Service without providing reasons.You may only access the Service using authorised means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible mobile device or you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorised device.
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You will only use the Services or download the Application for your sole, personal use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service. URCAB reserves the rights to immediately terminate the Services and use of the Application should you not comply with any of the above rules.The above operates in relation to personal information that URCAB has collected from a related body corporate as if URCAB's primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.
URCAB' complete privacy policy can be found at: www.urcab.com.au
Use of Communication Services The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.