1300 COOL CABS

PAY DEPOSIT

AUD

COOL CABS PASSENGER TERMS AND CONDITIONS

Cool Cabs is a web-based app for providing point to point transportation; it communicates and coordinates transportation service requests to the transportation service providers who have been registered as users of the Cool Cabs system. The Cool Cabs platform enables the provision of point to point transportation services requested by passengers through the mobile application operated by Cool Cabs Cool Cabs Pty Ltd is the holder of rights and service provider of the Cool Cabs app.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE COOL CABS APP.
Your access and use of the Cool Cabs app constitutes your agreement to be bound by these Terms and Conditions and establishes a contractual relationship between you and Cool Cabs This agreement will come into effect on the date that it is accepted by you. If you register as a passenger, you will be deemed to have accepted these Terms. If you do not agree to these Terms you may not access/use the Cool Cabs app and services. These Terms and Conditions expressly supersedes any prior agreements with you.

1. USING THE COOL CABS APP

1. You acknowledge that Cool Cabs does not provide transportation services or act as one and that all these services are provided by independent drivers who are not employed by Cool Cabs .


2. The use of the Cool Cabs app requires the installation of the software and registration of a user account. During the installation of the Cool Cabs app, the mobile number of the Cool Cabs service user is linked to the respective user account and added to the database.


3. Users are responsible for the security of their username and password for the Cool Cabs app. Cool Cabs may assume that anyone using a user’s user name and password is authorised by the user to do so. Users must notify Cool Cabs immediately on becoming aware of any unauthorised use of their user name or password or of any other security breach in connection with the Cool Cabs app.


4. When using the Cool Cabs app, the user can choose whether he/she wishes to pay for the transportation service using a credit or debit card.


5. Any questions or complaints can be sent to our support team via email support@halfpricetaxi.com.au

2. COOL CABS CREDIT CARD AND MOBILE PAYMENT CONDITIONS :

The user of the Cool Cabs app can pay for the transportation service (and any tolls, fees or levies payable in respect of the transportation service or this app) with a debit card or credit card payment, which requires the prior activation of the debit card or credit card data within the Cool Cabs app. The uses of credit and debit card payments are subject to these terms and conditions.

1. Cool Cabs gives estimates of the fare you will be charged for the transportation service. The actual fare may be different as the actual fare is calculated by reference to the actual distance travelled and time taken for the journey. Estimates do not include any tolls, which may or may not be incurred depending on the route taken.


2. When making credit or debit card payments, the receiver of the payment is Cool Cabs who pays the transportation service provider.


3. For debit card and credit card payments, Cool Cabs may charge a service fee for each payment that is added to each order of transportation service. The service fee is for Visa / MasterCard service fees. The amount of the service fee is displayed in the mobile app. Your bank may make additional charges for use of your credit or debit card (which are not shown in the mobile app).


4. Cool Cabs shall be responsible for the functioning of debit card and credit card payments and offers card owners support in solving problems. The resolution of debit card and credit card related disputes also takes place through Cool Cabs . The contact for Cool Cabs debit card and credit card payment support service is: support@coolcabs.com.auInquiries submitted by e-mail shall receive a response within one business day. Cool Cabs shall resolve all credit card and mobile payment related complaints and applications within two business days.


5. When offering debit card and credit card payments, Cool Cabs collects the payment for transportation service providers. The obligation of the customer in front of the transportation service provider shall be considered fulfilled as of the moment when the payment order is made for the payment of funds into the Cool Cabs bank account.


6. The intermediation of credit card payments in the Cool Cabs app is carried out through safe2pay

3. ORDERING OR CANCELLING A TRANSPORTATION SERVICE AND DAMAGE TO VEHICLES

1. If the Cool Cabs app user orders transportation and the driver has confirmed the receipt of service then the transportation is considered pre-ordered.


2. Cancelling the use of an ordered transportation occurs where the driver has received an order and the Cool Cabs app user cancels the service after the driver has received the notice.


3. It is also considered to be a cancellation of the transportation service where the user of the Cool Cabs app or people whom the transportation was ordered are not present in the vehicle within 5 minutes as of the time when the driver notified them about the arrival of the vehicle in its destination.


4. If you would like to cancel your booking request for a transportation service, you can do so at any time before you begin your journey by informing the driver through the applicable functionality available on the Cool Cabs app. If you cancel your booking request after a driver accepted it, we may charge you an administration fee of $10 on behalf of the driver.


5. We have the right to revoke the right to use the app if the user has cancelled or failed to use the booked transportation service on three successive instances in one 24-hour period. You will be notified about the number of cancellations and after cancelling or failing to use the transportation service the third time, Cool Cabs may cancel your access to the Cool Cabs app. Access can be cancelled for up to 3 months. After that the user can reactivate his/her user account by contacting the local team via email.


6. The transport service provider may ask you to pay a fee for cleaning a vehicle if you or your co-passengers negligently damage the vehicle or its furnishing (including by blemishing or staining the vehicle or causing the vehicle to smell). The transport service provider may ask you to pay an amount in excess of $55 for damage to the vehicle. If you do not pay the $55 charge, we may deduct it from your debit card or credit card.

4. USE OF THE COOL CABS APP

1. Cool Cabs is a mobile app enabling the persons requiring a transportation service to find a suitable provider by sharing data on their geographic location.


2. The use of the Cool Cabs app is based on a non-exclusive licence issued by Cool Cabs . The licence agreement is valid for a non-limited period and is free of charge for the customer. In case of any faults in the software, we shall endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the app at all times. We accept no liability for any losses incurred as a consequence of the Cool Cabs app not functioning or not being usable in the desired manner. In the event that the customer’s right to use the app is cancelled, the corresponding non-exclusive licence shall also be terminated.


3. As the Cool Cabs app is a means of communication between customers and transportation service providers, Cool Cabs cannot influence or take any responsibility for the quality or defects of the service. For this reason, we are unable to guarantee consistently accurate and faultless provision of transportation services located via Cool Cabs . For resolving complaints please contact our support team.


4. The Cool Cabs app does not constitute an offer or brokerage of transportation for customers. The Cool Cabs app is not a means for organising the provision of transportation services. It is also not an agency service for finding customers for transportation providers.

5. BY REGISTERING AN ACCOUNT WITH COOL CABS , YOU ACCEPT THE FOLLOWING CONDITIONS

1. Your privacy is important to us. You should read our Privacy Policy at https://coolcabs.com.au//legal/to understand how we collect, use and share information about you.

2. Cool Cabs shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy and to relinquish the database to third parties. We shall notify the users of changes to Terms and Conditions and Privacy Policy.

3. Cool Cabs has the right to send authentication codes through SMS messages. If you agree through our opt in feature in the Cool Cabs app, we may also send you marketing messages.

6. GOOD PRACTICE OF USING THE COOL CABS APP

1. Cool Cabs is committed to contributing to improvement of the quality of transportation services. For this reason, we ask to fill out a feedback form in the Cool Cabs app. This enables us to offer suggestions to the transportation service providers for improving the quality of their service.


2. We expect that the users of the Cool Cabs app use the app in good faith and are respectful of the drivers who offer their services through Cool Cabs .


3. Cool Cabs shall make every effort to ensure that only drivers, who have integrity and are respectful of their profession and customers, use the Cool Cabs app. However, we are in no position to guarantee that every provider of transportation services, located via the Cool Cabs app, satisfies these criteria at all times. If you experience objectionable transportation service, please notify the company responsible for the service, a supervisory authority or our support team.

7. FREE RIDES REFERRAL CAMPAIGN

1. Cool Cabs shall reward riders with a discount code for every new unique rider they invite to use the app.


2. Cool Cabs has the right to void any discount codes and block rider accounts if it suspects any wrongful activities and charge the rider for the damages caused. This may include agreeing with a driver to provide services outside of the Cool Cabs App.

8. APPLE APP STORE PROVISIONS

1. This clause applies where the Cool Cabs app has been acquired from the Apple App Store. You acknowledge and agree that the agreement for use of the Cool Cabs app is solely between you and Cool Cabs , not Apple, Inc. (Apple) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.


2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the Cool Cabs app to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the Cool Cabs app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Cool Cabs app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to Cool Cabs as provider of the Cool Cabs app.


3. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Cool Cabs app or your possession and/or use of the Cool Cabs app, including, but not limited to: (i) product liability claims; (ii) any claim that the Cool Cabs app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to Cool Cabs as provider of the software.


4. You acknowledge that, in the event of any third-party claim that the Cool Cabs app or your possession and use of that Cool Cabs app infringes that third party’s intellectual property rights, Cool Cabs , not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.


5. You and Cool Cabs acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your license of the Cool Cabs app, and that, upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions as relates to your license of the Cool Cabs app against you as a third-party beneficiary thereof.

9. GOOGLE PLAY STORE PROVISIONS

This clause 9 applies where the Cool Cabs app has been acquired from the Google Play Store.


1. You acknowledge that the Terms of Service is between you and Cool Cabs , and not with Google, Inc. (Google);


2. Your use of the Cool Cabs app must comply with Google’s then-current Google Play Store Terms of Service;


3. Google is only a provider of the Google Play Store where you obtained the Cool Cabs app;


4. Cool Cabs , and not Google, is solely responsible for its Cool Cabs app;


5. Google has no obligation or liability to you with respect to the Cool Cabs app or the Terms of Service; and


6. You acknowledge and agree that Google is a third-party beneficiary to the Terms of Service as it relates to the Cool Cabs app.

10. YOUR CONTENT

1. You confirm that any text, images or any other information that you provide to us whilst using the Service (User Content) will meet the Rules of Acceptable Use.

2. We do not claim ownership in your User Content and ownership will remain with you and any third party whose content you include in your User Content. You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, and exploit the User Content anywhere and in any form for the purposes of providing our Service (including, where applicable, allowing other users to view your User Content).

3. You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.

4. Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy found at https://coolcabs.com.au/legal/ which provides information on how we use your personal information.

5. We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.

11. RULES OF ACCEPTABLE USE

1. In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Cool Cabs app (Rules of Acceptable Use).


2. When using the Cool Cabs app you must not:

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1.Circumvent, disable or otherwise interfere with any security related features of the Cool Cabs  app;

 

2. Permit another person to use the Cool Cabs app on your behalf unless such person is authorised by you;


3. Use the Cool Cabs app if we have suspended or banned you from using it;


4. Advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property.


5. Modify, interfere, intercept, disrupt or hack the Cool Cabs app;


6. Misuse the Cool Cabs app by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Cool Cabs app or any user of the Cool Cabs app;


7. Collect any data from the Cool Cabs app other than in accordance with these Terms and Conditions;


8. Submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;


9. Submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;


10. Use any User Content in violation of any licensing terms specified by the owner;


11. Submit or contribute any information or commentary about another person without that person’s permission;


12. Threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or


13. Use any automated system, including without limitation ‘robots’, ‘spiders’ or ‘offline readers ‘to access the Cool Cabs app in a manner that send more request messages to the Cool Cabs app than a human can reasonably produce in the same period of time.

3. Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):

1. Immediate, temporary or permanent withdrawal of your right to use our Cool Cabs app;


2. Immediate, temporary or permanent removal of any User Content;


3. Issuing of a warning to you;


4. Legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;


5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4. The responses described are not limited, and we may take any other action we reasonably deem appropriate.

12. LIABILITY

1. The Cool Cabs App, its content and functionality is provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, Cool Cabs and its Affiliates exclude and disclaim to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law. Cool Cabs and its Affiliates do not represent, warrant or guarantee that access to the Website or Cool Cabs App will be uninterrupted or error free.


2. Nothing in the Agreement excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law, which cannot lawfully be excluded, restricted or modified.


3. If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (Non-Excludable Provision), and Cool Cabs is able to limit your remedy for a breach of the Non-Excludable Provision, then Cool Cabs ’s liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to one or more of the following at Cool Cabs ’s option:

1. In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or


2. In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

4. As the usage of Cool Cabs App for requesting passenger transportation services depends on the behaviour of Customers, Cool Cabs and its Affiliate do not guarantee that your usage of the Cool Cabs App will result in any requests for transportation services.


5. To the maximum extent permitted under the applicable law, Cool Cabs and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Cool Cabs App, including but not limited to:

1. Any direct or indirect property damage or monetary loss;


2. Loss of profit or anticipated savings;


3. Loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;


4. Loss or inaccuracy of data; and


5. Any other type of loss or damage.