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13CABS TERMS & CONDITIONS


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, Application, Call Centre and all other related and ancillary
services.

13cabs 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), via
our call centre by calling 13 2227 (Call Centre) or via our website at
www.13cabs.com.au (Website).

13cabs connects you to taxi drivers so that taxi drivers may pick you, or your
parcels, up and take you, or your parcels, where you need to go. All services
provided to you by means of your use of the Application, Call Centre and/or
Website, as well as all other related and ancillary services such as parcel
delivery, text message confirmations and "contact your driver" are collectively
referred to as the Service(s).

13cabs does not provide transportation services. 13cabs facilitates the
formation and administration of travel arrangements between you and taxi
drivers. By using our Services, you are acknowledging that 13cabs is not
providing you with transportation services and agreeing that 13cabs has no
responsibility or liability for any transportation services or parcel delivery
services provided to you by taxi drivers.

Further information about us can be found at www.13cabs.com.au.


General

1.1 By registering on our Website and/or Application, and on each occasion that
you choose to use our Services, you consent to 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.

1.2 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. 13CABS 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.

1.3 You will be notified or any changes to these Terms and Conditions via email
or the Application.

1.4 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 be required to provide us with your credit
card or Cabcharge account details.



Payment

2.1 The use of our Services is free of charge. We reserve the right to introduce
a fee for the use of our Services. If we decide to introduce such a fee, we
shall inform you accordingly and allow you to either continue or terminate using
our Services.

2.2 In some cases, we may authorise a temporary charge on your credit card (or
whatever payment method you use) for any amount up to $1 to verify that your
card is open and in good standing. This charge will appear as 'pending' and will
be automatically removed after verification.

2.3 If you choose to pay via the Website, Application or Call Centre, we shall
charge you for the taxi services provided to you by the taxi drivers on behalf
of the taxi drivers. You agree that you will pay for all taxi services, and that
we may charge your credit card or Cabcharge account as provided by you for the
taxi services (including any taxes and late fees, as applicable) that may be
accrued by or in connection with your account. You are responsible for the
timely payment of all fees and for providing us with a valid credit card or
Cabcharge account for payment of all fees at all times. Any payment made is
non-refundable.

2.4 Unless agreed otherwise, charges to you are based on the Government
regulated metered fares and any tolls that may apply to your ride. 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.

2.5 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 our Privacy Policy.



Conditions of Carriage for Parcel Delivery

3.1 If you choose to use 13cabs' Parcel Delivery Service, you: (a) warrant that
the goods are not deemed Dangerous Goods in accordance with the Australian Code
for the Transport of Dangerous Goods; (b) warrant that the goods do not contain
any illicit substances or any substances prohibited by law, including but not
limited to drugs; (c) agree that the driver is authorised to deliver the goods
at the address nominated by you; (d) agree that if the recipient is not there to
accept the goods, the goods will be returned to a 13cabs office; (e) agree that
the driver may release the goods to any person who presents him/herself to the
driver as the receiver and the driver shall be conclusively presumed to have
delivered the good in accordance de with these Terms and Conditions if the
driver and/or 13cabs can provide a GPS pin drop or photograph in relation to the
delivery of the goods at the nominated address.



Communication Provider Charges

4.1 You understand that the use of our Services may attract data and/or
communication carriage charges.

4.2 We are not responsible for any data or telephone charges incurred by you as
a result of you using our Services, including but not limited to mobile phone
charges, text messages and internet.



Links to Third Party Sites

5.1 The Services may contain links to other Websites ("Linked Sites"). The
Linked Sites are not under the control of 13cabs and 13cabs 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. 13cabs
is not responsible for webcasting or any other form of transmission received
from any Linked Site. 13cabs is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by 13cabs
of the site or any association with its operators.

5.2 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 privacy policies on those websites prior to using
them.



No Unlawful or Prohibited Use

6.1 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.

6.2 You may only access the Services using authorised means. It is your
responsibility to check to ensure you download the correct Application for your
device and/or use the correct web browser when accessing the Website. 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 any Service should you be using the Service or an incompatible or
unauthorised device.

6.3 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 and Conditions and any notices provided to you by us. 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 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 any Service

6.4 13cabs reserves the rights to immediately terminate any Service should you
not comply with any of the above rules.



Term and termination

7.1 The agreement between us and you lasts (a) for as long as we are providing a
Service to you; and/or (b) for as long as you have an accouint open with us.

7.2 You are entitled to terminate the agreement at all times by permanent
deletion of the Application installed on your smart phone, by closing down your
user account or by ceasing to use our Services

7.3 13cabs reserves the right, in its sole discretion, to terminate your access
to the Services or any portion thereof at any time, without notice) if you: (f)
violate or breach any term of these Terms and Conditions, or (g) in our the
opinion, misuse the Service.



Materials Provided to 13cabs or posted on the Website

8.1 13cabs does not claim ownership of the materials you provide to 13cabs
(including feedback and suggestions) or post, upload, input or submit to any
Website or its associated services (collectively Submissions). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting 13cabs, its affiliated companies and necessary sub-licensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.

8.2 No compensation will be paid with respect to the use of your Submission, as
provided herein. 13cabs is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in 13cabs's sole
discretion.

8.3 By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.



Information for Personal, Non-Commercial Use Only

9.1 You agree that information provided to you by 13cabs 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.

9.2 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.



Privacy

10.1 You agree that 13cabs may collect and use, personal information, technical
data and related information – including but not limited to technical
information about your device, system and application software and peripherals –
that is gathered periodically to facilitate the provisions of software updates,
product support, and other services to you (if any) related to the Services and
to administer those Services. We may also use information to develop new
products and services, attend to your enquiries, seek feedback, or tell you
about other products or services offered by 13cabs and its related companies. We
may base this information as long as it is in a form that does not personally
identify you, to improve our products or to provide services or technologies to
you. 13cabs' complete privacy policy can be found at:
http://www.13cabs.com.au/Privacy



Liability

11.1 The information, software, products, and services included in or available
through the Services may include inaccuracies or typographical errors. Changes
are periodically added to the information. 13cabs and/or its suppliers may make
improvements and/or changes in the Services at any time. Advice received via the
Services should not be relied upon for personal, medical, legal or financial
decisions and you should consult an appropriate professional for specific advice
tailored to your situation.

11.2 13cabs and/or its suppliers make no representations about the suitability,
reliability, availability, timeliness, and accuracy of the information,
software, products, services and related graphics contained on the Services for
any purpose. To the maximum extent permitted by applicable law, all such
information, software, products, services and related graphics are provided "as
is" without warranty or condition of any kind. 13cabs and/or its suppliers
hereby disclaim all warranties and conditions with regard to this information,
software, products, services and related graphics, including all implied
warranties or conditions of merchantability, fitness for a particular purpose,
title and non-infringement.

11.3 To the maximum extent permitted by applicable law, in no event shall 13cabs
and/or its suppliers be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever including, without
limitation, damages for loss of use, injury, damage, destruction or loss to
goods or any other property, the mis-delivery or non-delivery of good, data or
profits, arising out of or in any way connected with the use or performance of
the Services, with the delay or inability to use the Services or related
services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained through
the Services, or otherwise arising out of the use of the Services, whether based
on contract, tort, negligence, strict liability or otherwise, even if 13cabs or
any of its suppliers has been advised of the possibility of damages. Because
some states/jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply to
you. If you are dissatisfied with any portion of the Service, or with any of
these terms of use, your sole and exclusive remedy is to discontinue using the
Services.



Indemnification

12.1 By accepting these terms and conditions and using the Services, you agree
to indemnify and hold 13cabs, its affiliates, its licensors, and each of their
officers, directors, other users, employees, attorneys and agents harmless from
and against any and all claims, costs, damages, losses, liabilities and expenses
(including lawyer's fees and costs) arising out of or in connections with your
use of the Services, including but not limited to your violation of these Terms
and Conditions.



Applicable Law

13.1 To the maximum extent permitted by law, this agreement is governed by the
laws of New South Wales, Australia and you hereby consent to the exclusive
jurisdiction and venue of courts in New South Wales, Australia in all disputes
arising out of or relating to the use of the Services.




These Terms and Conditions were updated on 05/05/2020.


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