Terms & Conditions for Riders

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TAXIFY TERMS AND CONDITIONS

Taxify is a web-based app for ordering a transportation; it communicates transportation service requests to the transportation service providers who have been registered as users of the Taxify system. The private limited company Taxify OÜ (registry code 11417834) (we, us, our), founded in the Republic of Estonia, is the holder of rights and service provider of the Taxify app.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE TAXIFY APP.

Your access and use of the Taxify app constitutes your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and Taxify OÜ. If you do not agree to these Terms and Conditions, you may not access or use the Taxify app and Services. These Terms and Conditions expressly supersede prior agreements or arrangements with you.

1. USING THE TAXIFY APP

  1. You acknowledge that Taxify OÜ does not provide transportation services or function as a transportation carrier, and that all such transportation services are provided by independent third party contractors who are not employed by Taxify OÜ or any of its affiliates.

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

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

  4. When using the Taxify app, the user can choose whether he/she wishes to pay for the transportation service to the driver or use Taxify credit card or mobile payment.

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

2. TAXIFY CREDIT CARD AND MOBILE PAYMENT CONDITIONS (AVAILABLE ONLY IN CERTAIN COUNTRIES, PLEASE FOLLOW INSTRUCTIONS ON YOUR LOCAL APPLICATION)

  1. The user of the Taxify app can pay for the transportation service with a debit card or credit card payment, which requires the prior activation of the debit card or credit card data within the Taxify app. The use of credit card payments are subject to these terms and conditions.

  2. When making credit card and mobile payments, the receiver of the payment is Taxify OÜ, who pays the transportation service provider.

  3. For debit card and credit card payments, Taxify OÜ charges 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.

  4. Taxify 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 Taxify. The contact for Taxify debit card and credit card payment support service is: support.syd@taxifyapp.com. Inquiries submitted by e-mail shall receive a response within one business day. Taxify 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, Taxify 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 Taxify bank account. Taxify shall not be responsible for the exercise of the customer's payment order.

  6. The intermediation of credit card payments in the Taxify app is carried out through ADYEN BV pursuant to the following conditions https://www.adyen.com/home/support/manuals.

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

  1. If the Taxify app user orders a 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 is considered to be the situation where the driver has notified about the receipt of an order and the Taxify app user waives the transportation service after receipt of the notice.

  3. It is also considered to be a cancellation of the transportation service where the user of the Taxify app or people whom the transportation was ordered for do not appear in the vehicle within 8  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 Taxify app . If you cancel your booking request more than 5 minutes after it was accepted by a driver, we may charge you an administration fee of A$5 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, Taxify may cancel your access to the Taxify app. Access can be cancelled for up to six 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 A$50 for damage to the vehicle. If you do not pay the $50 charge, we may deduct it from your debit card or credit card.

4. USE OF THE TAXIFY APP

  1. Taxify 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 Taxify app is based on a non-exclusive licence issued by Taxify OÜ. 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 Taxify 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 Taxify app is a means of communication between customers and transportation service providers, Taxify 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 Taxify. For resolving complaints please contact our support team (see clause 1.5).

  4. The Taxify app does not constitute an offer or brokerage of transportation for customers. The Taxify 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 TAXIFY, YOU ACCEPT THE FOLLOWING CONDITIONS

  1. Your privacy is important to us. You should read our Privacy Policy at http://www.taxify.eu/legal/ to understand how we collect, use and share information about you.

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

6. GOOD PRACTICE OF USING THE TAXIFY APP

  1. Taxify 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 Taxify 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 Taxify app use the app in good faith and are respectful of the drivers who offer their services through Taxify.

  3. Taxify shall make every effort to ensure that only drivers, who have integrity and are respectful of their profession and customers, use the Taxify app. However, we are in no position to guarantee that every provider of transportation services, located via the Taxify 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 (referred to in clause 1.5).

7. FREE RIDES REFERRAL CAMPAIGN

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

  2. Taxify has the right to void any discount codes and block rider accounts if it suspects any fraudulent activities and charge the rider for the damages caused.

8. APPLE APP STORE PROVISIONS

  1. This clause applies where the Taxify app has been acquired from the Apple App Store. You acknowledge and agree that the agreement for use of the Taxify app is solely between you and Taxify, 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 Taxify app to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the Taxify app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Taxify 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 Taxify as provider of the Taxify app.

  3. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Taxify app or your possession and/or use of the Taxify app, including, but not limited to: (i) product liability claims; (ii) any claim that the Taxify 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 Taxify as provider of the software.

  4. You acknowledge that, in the event of any third-party claim that the Taxify app or your possession and use of that Taxify app infringes that third party's intellectual property rights, Taxify, 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 represent and warrant that (i) You are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  6. You and Taxify 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 Taxify 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 Taxify app against you as a third-party beneficiary thereof.

9. GOOGLE PLAY STORE PROVISIONS

  1. This clause 9 applies where the Taxify app has been acquired from the Google Play Store.

    1. you acknowledge that the Terms of Service is between you and Taxify, and not with Google, Inc. (Google);
    2. your use of the Taxify 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 Taxify app;
    4. Taxify, and not Google, is solely responsible for its Taxify app;
    5. Google has no obligation or liability to you with respect to the Taxify 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 Taxify 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 http://www.taxify.eu/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 Taxify app (Rules of Acceptable Use).

  2. When using the Taxify app you must not:

    1. circumvent, disable or otherwise interfere with any security related features of the Taxify app;
    2. permit another person to use the Taxify app on your behalf unless such person is authorised by you;
    3. use the Taxify 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 Taxify app;
    6. misuse the Taxify app by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Taxify app or any user of the Taxify app;
    7. collect any data from the Taxify 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 Taxify app in a manner that send more request messages to the Taxify 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 Taxify 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 in clause 11.3 are not limited, and we may take any other action we reasonably deem appropriate.

12. LIABILITY

  1. The Taxify App, its content and functionality is provided on an 'as is' and 'as available' basis. To the fullest extent permitted by law, Taxify 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. Taxify and its Affiliates do not represent, warrant or guarantee that access to the Website or Taxify App will be uninterrupted or error free.

  2. Taxify issues tax invoices to you for transportation services on behalf of drivers. Taxify relies on information provided by drivers to prepare such invoices, including the driver’s Australian Business Number and whether the driver is registered for GST. You acknowledge that:

Taxify does not take responsibility for the accuracy of the information provided on the tax invoices issued to you;

drivers are responsible for the validity of the tax invoices issued by Taxify to you; and

you do not rely on Taxify to ensure the validity of any such tax invoices provided to you.

  1. 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.

  2. If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (Non-Excludable Provision), and Taxify is able to limit your remedy for a breach of the Non-Excludable Provision, then Taxify'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 Taxify'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.
  3. As the usage of Taxify App for requesting passenger transportation services depends on the behaviour of Customers, Taxify and its Affiliate do not guarantee that your usage of the Taxify App will result in any requests for Transportation Services.

  4. To the maximum extent permitted under the applicable law, Taxify 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 Taxify 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.