Traveller (Service User) Terms & Conditions
Chauffeur Live is a global technology service platform (web based) that brings together global transport service providers (Drivers) and customers (Service Users), provided by Chauffeur Live Pty Ltd ("Company", "we", "us" and "our"), ABN 29 613 718 282, registered at 10, Westham Court, Mulgrave, Victoria 3170, Australia, with an operations office at 5-7, McIntosh Street Airport West, VIC 3042, email: email@example.com.
Company enables its Service Users to book travel services on its online web based platform and any other associated platforms and / or websites or through mobile devices or directly through telephone. The platform is a web based application only. Company arranges an entitlement to carriage for a Service User by a transportation service provider (Driver) as an intermediate, and not as a direct travel services provider.
These Terms and Conditions are part of every agreement or contract between Service User and the Company. They also describe in detail the travel services which are offered through the direct entitlement created by Company between the Service User and the Driver.Service User Specific Terms and Conditions
- "Service User", "You", "Yours", "Traveler", "Passenger" means a person who has signed up and is registered with the Chauffeur Live Pty Ltd. for the use of the Service.
- "Driver" means the person who is registered with the Chauffeur Live Pty Ltd as Driver for the purpose of providing transportation services to the Service Users. The Driver is not an employee of Chauffeur Live Pty Ltd. and is an independent entity.
- "Vehicle" means a vehicle that is owned and appropriately licensed for use by a Driver to provide the Travel to the Service User.
- "Taxi" means a Vehicle (as defined above) that has a regulated fare meter installed.
- "Hire Car" means a Vehicle (as defined above) that does not have a regulated fare meter installed.
- "Service" means the use of the Company website and its web based application, accessed online or via mobile devices, to secure collection, travel and set down at a given destination nominated by the Service User to a Driver and vehicle dispatched by the Application
- "Application (web based application)" is the software, delivery platform, and network, owned and operated by Chauffeur Live Pty Ltd. for the dispatch of the ground transportation services to the Service User.
The date of applicability of this agreement is from 17 August 2016.
These Terms and Conditions were last updated on 20 October 2016.ORDER OF PRECEDENCE
Service User Specific Terms and Conditions will take precedence over General Terms and Conditions in the event of inconstancies.
Contractual Relationship between Service User and Company
Company facilitates travel services via its websites only. It does not directly own vehicles itself or through any third parties. Company arranges for the Service User simply an entitlement to carriage provided by a Driver independent of Company.
Company makes the necessary arrangements with the Driver in its own name, which provides the Service User with an entitlement to carriage. Consequentially, Service Users are entitled to demand travel services and other claims directly from the Driver. The Company will provide the details of the Driver for the Service User to communicate with.
The Service User uses Company only as an intermediate or an arranger and not as a transport service. The compensation claim of Company is made up of arrangement fees as well as the advance payment made by Company to the Driver.
By submitting a completed booking form via the website ("Travel Request")or by telephone to Company, the Service User makes an offer for the conclusion of an arrangement agreement. The object of this agreement is the arrangement of the travel service to meet the Service Users Travel Request.
Company next sends the Service User an email confirming the receipt of the Travel details for the travel service which is to be arranged. Through this, Company confirms only the receipt of the Users Travel Request.
The arrangement agreement between Company and the User for the requested travel service comes into effect only through a separate booking confirmation email including the Driver contact details. The Service User is then entitled to demand the transportation services from the Driver directly.Service User Registration Requirements for the Use of Company Services and Booking Platform
It is the Service Users responsibility to ensure that all information that he/ she have provided to Company is complete and accurate. Registration using automated methods is prohibited.Services Facilitated by Company to the Benefit of the Service User:
Transfer Travels and Hourly Bookings and Event Bookings
The Service User can choose between transfer Travels or hourly bookings Travels or Event booking Travels for their Travel request. Depending on the Service User request additional charges may apply and all information is provided in the Company website. In the event changes are required, the impact of changes / cancellations is provided in this Terms and Conditions.
Changes in Travel Arrangements are subject to the ability and availability of the Driver to accommodate such requested changes, even after conclusion of the contract. All changes have to be pre-approved by the Service User and agreed by the Driver. All additional charges will be charged in accordance with this Terms and Conditions.
a) Transfer Bookings:
In the case of transfer services, the price quoted is valid for a start and destination address. Variations requested in the routes and times will incur additional costs and is covered in "Booking Amendment Policy and Charges" section of this Terms and Conditions.
b) Hourly Bookings: For hourly bookings, the trip must always end in the same or closest area to starting suburb of the pickup location. An hourly booking always starts at the pickup time confirmed upon booking. In the event that the trip finishes early, the pre-paid amount will still be charged. If the trip ends later than the pre-booked hourly hire period, charges will apply to the closest half hour period. Additional costs related to Amendments and Cancellations are covered in "Booking Amendment Policy and Charges" section of this Terms and Conditions.
c) Events Booking:
Events bookings may be for both legs of travel or single leg only. Different higher rates, may apply for special events and will be displayed in the Company Website. An events booking always starts at the pickup time confirmed upon booking. In the event that variations are made to the route or times related to the event booking additional charges will apply and are stated in the "Booking Amendments Policy and Charges" section of this Terms and Conditions.SPECIFIC TERMS AND CONDITIONS FOR TRAVELERS 1. The Terms and Conditions stated herein (collectively, the "Agreement") constitute a legal agreement between the Service User and Chauffeur Live Pty Ltd. (The "Company" or "Chauffeur Live" or "We", "Us" or "Our").
a) You will only use the Service or access website for your sole and personal use and will not resell it to a third party; b) You will not authorize others to use your account; c) You will not assign, or otherwise transfer your account to any other person or legal entity; d) You will not use an account that is subject to any rights of a person or entity other than you without appropriate authorization; e) You will not use the Service for unlawful purposes, including but not limited to, sending or storing any unlawful material on our website or for fraudulent purposes; f) You will not use the Service to cause nuisance, annoyance or inconvenience to others; g) You will not impair the proper operation of the web site and the web based Application or Companys computer network; h) You will refrain from doing anything which the Company reasonably believe to be disreputable or capable of damaging Company reputation; i) You will not try to harm the Service or Website in any way whatsoever; j) You will not copy, modify or distribute the Chauffeur Live website content or other Chauffeur Live content, without written permission from Chauffeur Live; k) You will keep secure and confidential your account password, or any identification we provide to you which allows access to the Service and access to various Chauffeur Live web based Applications; l) You will provide us with whatever proof of identity we may reasonably request; m) You will not download (other than page caching) or modify the website and/or any part of it, except with the express prior written consent of Chauffeur Live. n) You will not use the Website site or any part of it for any resale or commercial use of the services on offer or its contents, except with the express written consent of Chauffeur Live. o) You do not have any rights to any collection and use of any product listings, descriptions or prices; p) You will not use any data mining robots or other data gathering/extraction tools. q) You will not attempt or assist anyone to attempt to reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, sub-license, make available to the public, create any derivative works, distribute, commercially exploit, transmit or otherwise use the Website or any part of them, in any way; r) You will not collude with the Driver to defraud Company of its Travel income by attempting to by-pass payment systems and dealing in cash transactions. s) You will comply with all applicable laws of your home nation, the country, state and city in which you are present while using the Chauffeur Live website or Service; t) Chauffeur Live may immediately terminate the Agreement or any Services with respect to Service User, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason at its sole discretion; u) Chauffeur Live reserves the right to modify the Agreement and its Terms and Conditions and its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Application or in its website; Service User is responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute the Service Users consent to such changes; v) Chauffeur Live does not operate any vehicles, and is not a transportation carrier. It is the responsibility of the third party transportation providers, Drivers or vehicle operators to provide the transportation services requested by the Service User using the Chauffeur Live webbased Application. Chauffeur Live takes no responsibility or liability for providing the transportation services. Chauffeur Live offers information and methods to obtain such third party transportation services and facilitates payments; w) You have read these Terms and Conditions and the General terms and Conditions carefully before using the Service; Using our Services confirms that you have accepted the Terms and Conditions and undertake to fully comply with them. x) You will compensate and defend the Company fully against any claims or legal proceedings brought against the Company by any other person as a result of Service Users breach of these Terms.CODE OF CONDUCT Chauffeur Live Service User obligations and Behavior stipulated in this Code of Conduct 1. The Service User shall obey all rules and regulations related to travelling in a commercial vehicle at all times, regardless of any other mitigating circumstances, using the Chauffeur Live website based Application 2. Chauffeur Live Service Users will ensure that they behave civilly while travelling to ensure their own safety, security and comfort are not compromised such that the Drivers can provide the best possible service to the Service User. 3. Chauffeur Live holds to a strong non-discrimination policy. The Service User shall not behave abusively or confrontationally with Drivers based on race, nationality, religious beliefs, origin, disability, marital status, sexual orientation, gender identity, age or any other characteristics that are protected by law. 4. Chauffeur Live have zero tolerance for bullying, harassment, discrimination and inappropriate conduct while travelling in a Chauffeur Live facilitated vehicle. You must treat the Driver with dignity and respect. 5. If the Service User notices any criminal conduct or corrupt conduct by Drivers, he / she have an obligation to notify the law enforcement authorities immediately and advise Chauffeur Live subsequently. 6. The Service User may direct the Driver to the desired destination, contrary to a route suggested by the Driver as the most optimum, as long as the Service User accepts any additional charges at the end of travel. 7. The Service User must be friendly, polite and courteous to the Driver. No violent behavior will be tolerated. 8. The Service User may call police or other security authorities in the event of violence or serious altercations and advise Chauffeur Live subsequently. We will instigate immediate action and co-operate with all regulatory and security authorities. 9. Drivers will carry appropriate vehicle insurance certification with them while providing services to the Service User. It is the responsibility of the Service User to resolve any accident related issues with the Drivers. Chauffeur Live has no obligation to resolve or be liable for any ensuing costs under any circumstances. 10. Service User will be liable to pay the Vehicle Driver / Owner, any charges that may arise due to misbehavior or willful damage caused directly or indirectly by the Service User during a Travel. Some examples are vomiting in the Vehicle, causing internal and external damages to the Vehicle, or abusing the seats, graffiti painting and the like. If the Service User does not make these payments demanded by the Vehicle Driver, Chauffeur Live will deduct such payments from the Service User credit card and pay the Driver. In the event that the Service User causes damage to the Vehicle, a minimum charge of AUD 300.00 will be charged to the Service Users credit card as minimum compensation to the Driver. The Maximum charge shall be the actual expense and cost incurred by the Driver, including but not limited to the repair and make good costs, loss of revenue and other costs. 11. The Service User is required to comply with request made by a law enforcement authority while using Chauffeur Live facilitated Travels in the event of any issues. 12. Chauffeur Live does not require any tipping. The Service User may issue tips to the Drivers at their own discretion, but this matter does not involve Chauffeur Live. 13. Service Users shall not smoke in the Service Vehicle at any time to ensure clean environment for the Drivers and the Service Users. A minimum charge of AUD 200.00 will be deducted from Service Users credit card to compensate the driver to make good of the interior suitable for other users. 14. Service Users shall not use the Chauffeur Live facilitated Vehicle to transport any illegal substances, arms or other prohibited items at any time. 15. The Service Users shall not transport alcohol or consume alcohol in the Chauffeur Live facilitated cars. 16. It is Your responsibility to wear a seat belt for your own safety and be compliant with the law. 17. Service Users are responsible for guests traveling with them. It is the responsibility of the Service User to ensure that anyone travelling with them adheres to this Code of Conduct. Any misconducts or willful damaged caused by the Service Users guests is the responsibility of the Service User. All make good costs and fines will be charged to the Service Users account. 18. If the Service User leaves behind any articles in the Vehicle, it is the responsibility of the Service User to contact the Vehicle driver to obtain any lost items. Chauffeur Live accepts no liability for any losses. 19. In case of emergencies, you may inform law enforcement or emergency services providers directly and subsequently advise Chauffeur Live. Breach of Code of Conduct Chauffeur Live reserves the right to terminate / suspend your access to the Chauffeur Live web based Application / platform in the event of breach of this Code of Conduct. We, at our own discretion, may conduct investigation into breaches of this Code of Conduct howsoever advised, whether by Chauffeur Live drivers, other users, regulatory authorities or others. If we find breaches of this Code of Conduct, we may terminate your right to use the Services with immediate effect, without providing any explanations to you or any other parties. REPRESENTATIONS & WARRANTIES By using the Service, the Service User expressly represents and warrants that: 1. It is legally entitled to enter into this Agreement. 2. If the Service User resides in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreement due to age, the Service User will abide by such age limits and the Service User will not use the Application to secure the Service. 3. Without limiting the foregoing, the Service User shall have to be of at least 18 years of age to register with Chauffeur Live. 4. You have the right, authority and capacity to enter into this Agreement and to abide by the Terms and Conditions of this Agreement. 5. Use of the Service and the Application is for sole, personal use. 6. The Service User may not authorize others to use the Service Users status, and the Service User may will not assign or otherwise transfer the Service Users account to any other person or entity unless expressly approved by the Company. 7. When using the Service, the Service User will comply with all applicable laws from the Service Users home nation, the country, state and city in which the Service User is present while using the Application or Service. 8. You will comply in all respects with the Code of Conduct of Service Users. SUSPENSION OR MODIFICATION OF THE WEBSITE AND/OR ANY OTHETR APPLICATIONS 1. Chauffeur Live reserves the right, at its sole discretion to change, alter, suspend or indefinitely close the website and/or any of its Applications. 2. From time to time, Chauffeur Live may also restrict access to some parts of the Website and/or Applications, or the entire Site and/or Application, to Service Users. FARES & CHARGES FOR SERVICE USERS By using the web based Application or the Service, the Service User agrees that: 1. While the Chauffeur Live will endeavor to provide you with a driver and Vehicle of your choice, if your choice is not available, other options will be presented to you via Chauffeur Live website or platform or email. 2. When the Service User pays for the Hire Car Travel through Chauffeur Live website then such payment will be taken automatically before or after the journey (as may be stated in the website) using the card [credit, debit or other authorized cards] details the Service User registered with Chauffeur Live. You agree that we may undertake authorization checks on that card when you first join as well as when you order a Travel with Chauffeur Live. 3. Each Hire Car Travel charge will be calculated in accordance with information provided in the website. The total charge includes GST [Good and Service Tax] or any other Value added taxes. 4. The fare estimation provided in our website is a fixed amount and will include any extra services or special requirements specified at the time of making the Booking. Variations to the bookings may lead to changes to the final fare in accordance with this Terms and Conditions. 5. Not applicable 6. Hire Carservices are available for pre-booked Time Bookings only. PAYMENT TERMS AND CONDITIONS 1. Fees that the Company charges the Service User for the Service are due immediately and are non-refundable, unless otherwise agreed. 2. Company will debit the credit card of the Traveler for the agreed fare immediately upon the confirmation of the allocation of a driver for the booked Travel or at the end of the journey as stated in the web site. When the payments are due, they will be automatically deducted from the credit card provided by the Traveller. If for any reasons these cannot be deduted, (due to insufficent funds on the credit card), the traveller is still liable and responsible for making sure the payments are paid to Chauffeur Live. Unless changes to the bookings are made in accordance with this agreement, the Traveler is not entitled for any refunds. If the Traveler claims a refund or reversal of the charges by instigating a charge back through their bank, any additional costs incurred by the Company will be deducted from the Travelers credit card account. All refunds (disputed or undisputed) to the Traveler will be provided by the Company and not via a reversal of charges by the Traveler. 3. The Company, at its sole discretion, may make promotional offers with different features and different rates to Service Users. These promotional offers do not constitute a variation to the agreement and the Terms and Conditions. 4. The Company may change the fees of the Service from time to time and will post such changes on the website which shall be binding on the Service User. ADMINISTRATION FEES
Chauffeur Lives administration charge of 25% (includes GST) of the fare is included in the fare accepted by the Traveller. In the event of any cancellation, this administration charge will apply regardless of when the cancellation is activated. The administartion charge covers: 1. Bank charges associated with credit card verification, pre-authorisation and processing 2. Website maintenance fees and database management fees associated with specific booking and cancellation 3. PPC advertising charges, specifically associated with the booking 4. Chauffeur Live cancellation with third parties of the specific cancelled bookings 5. Additional communication charges due to booking cancellation and reorganisation of service fleet 6. Other miscellaneous charges MINIMUM FARE 1. The minimum fare for Hire Cars for transfer services is AUD 69.00. Minimum fare for Vans and other high capacity vehicles is AUD 99.00 2. The minimum fare for hourly hired cars is AUD 99.00. Minimum fare for Vans and other high capacity vehicles is AUD 129.00 3. The minimum fare for event booked hired cars is AUD 99.00. Minimum fare for Vans and other high capacity vehicles is AUD 129.00 PROVISION OF CHILD SEATS, BABY SEATS AND SPECIAL NEEDS: 1. Chauffeur Live provides provisions for requesting child seat or baby seats or special needs such as support for folding Wheel chairs. Chauffeur Live Drivers do not provide foldable wheel chairs, but merely provide support to such Service Users that use their own foldable wheelchairs. Chauffeur Live is unable to provide services to fixed wheel chair Service Users due to legal compliance requirements.
The following Table provides information on available services and charges.
|Booking Type||Vehicle type||Facility||Flat Rate||Status|
|Time Booking||Hire Car only||Baby / Child seats, provided||AUD 10.00||Yes - available|
|Time Booking||Hire Car only||Foldable Wheel chair support only||No charge||Service only|
|Cancellations between 7.00 AM to 9.00 PM|
|Event No||Travel Confirmation status||Event||Applicable cancellation charge|
|1||Travel not confirmed yet.||Cancel before travel or reservation confirmation by Chauffeur Live||NIL|
|2||Travel confirmed.||Cancel travel more than 12 hours prior to pick up time||Administration Charge only|
|3||Travel confirmed.||Cancel travel between 6 hours to 12 hours prior to pick up time||50% of travel fare|
|4||Travel confirmed.||Cancel travel less than 6 hours prior to pick up time||100% of travel fare|
|Cancellations between 9.00 PM to 7.00 AM next day|
|Event No||Travel Confirmation status||Event||Applicable cancellation charge|
|1||Travel not confirmed yet.||Cancel before travel or reservation confirmation by Chauffeur Live||NIL|
|2||Travel confirmed.||Cancel travel more than 12 hours prior to pick up time||Administration Charge only|
|3||Travel confirmed.||Cancel travel less than 12 hours prior to pick up time||100% of travel fare|
The following Table provides the cancellation charges for Event booked Travels:
|Event No||Travel Confirmation status||Event||Applicable cancellation charge|
|1||Travel not confirmed yet.||Cancel before travel confirmation by Chauffeur Live||NIL|
|2||Travel confirmed.||Cancel travel more than 72 hours prior to pick up time||Administration Charge only|
|3||Travel confirmed.||Cancel travel less than 72 hours prior to pick up time||100% of travel fare|
a) Service User will be provided the Travel at no extra charge in the event of flight delays of a scheduled flight if it is beyond the control of the Service User. The Driver will monitor the flights and will be available for pick up at the nominated location b) Service User will be charged delay / stand by costs for delays caused by Service User missing the scheduled flight or similar events attributable to the Service User. The delay / standby charges are as follows:
a. Delay less than 20 mins of the scheduled pick up time, delay cost is NIL. b. Delays more than 20 mins of scheduled pick up time, delay cost is total elapsed time from scheduled pick up time to actual pick up time in minutes multiplied by $ 1.50 per minute.The above is summarized in the Table below:
|Event No||Travel Confirmation status||Event||Applicable Delay / Cancellation charge|
|1||Travel confirmed.||Advised scheduled Flight Cancelled||NIL|
|2||Travel confirmed.||Advised scheduled Flight delayed||NIL. Driver will pick at revised schedule.|
|3||Travel confirmed.||Customer changes flight (due reasons other than airline delays) and arrives later than advised time: delay < 20 minuts of pick up time||NIL|
|4||Travel confirmed.||Customer changes flight (due reasons other than airline delays) and arrives later than advised time: delay > 20 minutes of pick up time||Standby Charge = delay x AUD 1.50 / min.|
|Ammendment requests between 7.00 AM to 9.00 PM|
|Event No||Travel Confirmation status||Event||Applicable amendment charge|
|1||Travel not confirmed yet.||Rebook with Amended details||NIL|
|2||Travel confirmed.||Amend pick up time / location more than 6 hours prior to pick up time||NIL|
|3||Travel confirmed.||Amend pick up time / location less than 6 hours prior to pick up time.||100% of original travel fare. Need to cancel original travel and rebook another travel (subject to availability).|
|Ammendment requests between 9.00 PM to 7.00 AM next day|
|Event No||Travel Confirmation status||Event||Applicable amendment charge|
|1||Travel not confirmed yet.||Rebook with Amended details||NIL|
|2||Travel confirmed.||Amend pick up time / location more than 12 hours prior to pick up time||NIL|
|3||Travel confirmed.||Amend pick up time / location less than 12 hours prior to pick up time.||100% of original travel fare. Need to cancel original travel and rebook another travel (subject to availability).|
|Event No||Travel Confirmation status||Event||Applicable Amendment charge|
|1||Travel confirmed, travel started||On-route amendments (with deviation < 2km)||Charge per stop = AUD 15.00 + AUD 1.50/ min of any standby charge.|
|2||Travel confirmed, travel started||Off-route amendments (with deviation > 2km)||Charge per stop = AUD 15.00 + AUD 1.50/ min of any standby charge + AUD 4.00/km of deviated route distance|
The Driver may cancel Your booking on his / her due to unavoidable situations at any time. If this situation arises, as soon as the Driver cancels Your booking, Chauffeur Live will send a message to you and will endeavor to book an alternate Vehicle for You. However, this may not be possible due to time constraints or alternate Driver availability. In such instance, Chauffeur Live is not responsible for any delays, inconvenience, direct or indirect losses that may eventuate due to such Driver cancellation, nor is Chauffeur Live liable for any financial losses that the Service User may encounter.
1. The Service User is covered by the appropriate vehicle insurance provided by the Driver. This insurance covers various aspects of a service risks and is the responsibility of the Driver to implement if requirement arises. The Service User should contact the Driver and obtain insurance details when required.
2. Chauffeur Live is neither responsible nor liable to the Driver or the Service User in the event of any incident that may occur when the Driver provides Service to the Service User.
3. Service User and / or Driver expressly agree and warrant that any incidents would be settled between then and not involve Chauffeur Live.
GRANTING OF LICENSE AND RESTRICTIONS
1. Subject to the Service User's compliance with the Agreement and Terms and Conditions the Company grants the Service User a limited, non-exclusive, non-transferable license to access its website and use the web based Application and ensuing Services.
2. Service User has no right to sublicense the license rights so granted and agrees to not to run such copy of the Website based Application.
INTELLECTUAL PROPERTY OWNERSHIP
1. The Company and its licensors, where applicable shall own all right, title and interest, including all related intellectual property rights, in and use of the web based Application or websites, and the Service. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Service User, or any other party, relating to the Application or the Service shall also vest with the Company.
2. This Agreement is not a sale and does not convey to the Service User any rights of ownership in, or related to, the web based Application or the Service, or any intellectual property rights owned by the Company.
3. The Company name, the Company logo, and the product names associated with the web based Application and Service are trademarks of the Company and no right or license to ownership are granted or transferred to the Service User.
4. Your use of Chauffeur Live website or any of its web based Applications grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to Chauffeur Live web based Application codes, or Applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Chauffeur Live services in accordance with these Terms.
THIRD PARTY INTERACTIONS
1. During use of the website, and the web based Application and Service, the Service User may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the web site or Service. Any such activity, and any terms and conditions, conditions, warranties or representations associated with such activity are solely between the Service User and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between the Service User and any such third-party.
2. The Company does not endorse any sites on the internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
3. The Company provides the web based Application and Service to the Service User pursuant to the Terms and Conditions of this Agreement, and the Company disclaims any and all responsibilities or liabilities arising from such agreements between the Service User and the third party providers.
UPLOADING MATERIAL TO THE WEBSITE
1. Any material you upload to the Chauffeur Live Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose, in any medium throughout the world. Chauffeur Live also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Chauffeur Live website constitutes a violation of their intellectual property rights, or of their right to privacy.
2. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that would constitute or encourage conduct that would be considered unlawful and/or a criminal offence on the Chauffeur website or affiliated or associated websites.
3. Chauffeur Live will not be continuously monitoring user content published on the Chauffeur Live websites or affiliated / associated websites by you, or moderating between users, nor shall it be under an obligation to do so. You acknowledge and agree that Chauffeur Live will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Chauffeur Live website and/or any Applications.
VIRUSES, HACKING AND OTHER OFFENCES
1. Chauffeur Live does not guarantee that its websites or any of its affiliated / associated websites will be secure or free from bugs or viruses.
2. You must not misuse the Websites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the websites and its web based Applications, the server on which the websites are stored or any server, device or database connected to the website and its web based Applications. You must not attack the websites or Applications via a denial-of-service attack or a distributed denial-of service attack. You should not facilitate or be associated with any parties that may instigate such attacks on Chauffeur Live websites or its Applications.
3. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act and other relevant applicable acts. Chauffeur Live will report any such breach to the relevant law enforcement authorities and Chauffeur Live will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and/or any Applications will cease immediately.
4. You are responsible for configuring your computer access to Chauffeur Live website and its web based applications and have your own virus protection software.
LINKING TO THE SITE AND/OR THE APPLICATION
1. You may not link to Chauffeur Live home page or web based application without its express written consent.
2. The Website and the Application must not be framed on any other site or Application, nor may you create a link to any part of the Chauffeur Live website or the Application without Chauffeur Lives prior written consent. Chauffeur Live reserves the right to withdraw any linking permission without notice.
3. If you wish to make any use of material on the Site and/or any Applications other than that set out above, please address your request to firstname.lastname@example.org
LINKS FROM THE SITE AND/OR THE APPLICATION
1. The Website and the Application may include links to other web sites, Applications or material which is beyond Chauffeur Lives control and which are owned and controlled by third parties. Chauffeur Live is not responsible for the content on these links, the internet or web pages or any other site or Application outside the Chauffeur Live website.
2. Where the Chauffeur Live website contain links to other websites or Applications or materials provided by third parties, these links are provided for your information only. These links are provided as a courtesy to Chauffeur Live customers and are not administered or verified in any way by Chauffeur Live.
3. Such links are accessed by you at your own risk and Chauffeur Live makes no representations or warranties about the content of such websites or Applications and cannot be held liable for the content and activities of these websites or any losses you suffer as a result of using such third party websites.
By entering into this Agreement and using Applications or Service, the Service User agrees that the he / she shall defend, indemnify and hold harmless the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, other Service Users, employees, attorneys and agents harmless from and against any, and all, claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
1. The Service Users violation or breach of any term of this Agreement, or any applicable law or regulation, whether or not referenced herein;
2. The Service Users violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or
3. The Service Users use or misuse of the web based Application.
DISCLAIMER OF WARRANTIES
The Company makes no representation, warranty, or guaranty as to the reliability, timeliness, deliverability, quality, suitability, availability, accuracy or completeness of the Service or its web based Application. The company does not represent or warrant that,
1. The use of the Service or web based Application will be secure, timely, uninterrupted or error-free;
2. Already confirmed bookings will be fulfilled (due to Driver cancellation);
3. The Service or websites will meet the Service User's requirements or expectations;
4. Any stored data will be accurate or reliable;
5. The quality of any services, information, or other material purchased or obtained by the Service User through the Service will meet the Service Users requirements or expectations.
INTERNET DELAYS AND EQUIPMENT PERFORMANCE
1. The Companys Service and web based Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.
2. The Company takes no responsibility for any impacts the Application or website may have upon the Service Users equipment, hardware mobile devices and the like.
3. The company is not responsible for any delays, failures, or other damage, direct or indirect, resulting from such problems.
1. Chauffeur Live may terminate these Terms and close any account Service User have without giving any time notice in writing or by email to Service Users registered email address. Company may also terminate these Terms and close the Service Users account without notice if the Service User breaches any of the obligations under these Terms, if bankruptcy proceedings are brought against the Service User or not pay a court judgment on time.
2. Chauffeur Live reserve the right to suspend, restrict or terminate Service User access to Chauffeur Live websites or web based Application at any time without notice if Company has reasonable grounds to believe Service User have breached any of these Terms. This shall not limit Companys right to take any other action against the Service User that Company consider appropriate to defend Companys rights or those of any other person.
3. Service User is under no obligation to use the service and may simply choose to stop using it at any time. Service User is not obliged to provide any reasons whatsoever.
LIMITATION OF LIABILITY
1. In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind including personal injury, loss of data, loss of revenue and profits, use or other economic disadvantages. The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by the Service User, including by not being limited to loss, damage or injury arising out of, or in any way connected with the Service or its web based Application, including, but not limited, to the use or inability to use the Service or web based Application, any reliance placed by the Service User on the completeness, accuracy or existence of the Service including any advertised benefits, or as a result of any relationship or transaction between the Service User and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Service or web based Application, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
2. Chauffeur Live will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer and/or mobile equipment, computer programs, data or other proprietary material due to your use of the Website our web based Application.
3. Chauffeur Live is not responsible for:
a) Losses not caused by its breach;
b) The actions or inactions of other Chauffeur Live users;
c) Indirect losses which means loss to Service User which is a side effect of the main loss or damage and where Service User and Company could not have reasonably anticipated that type of loss arising at the time of entering into these terms;
4. Chauffeur Live does not guarantee that its Website and/or its web based Application, or any content contained on them, will always be available or uninterrupted. Chauffeur Live reserves the right to withdraw or amend the services it provides on the Website without notice to you. Chauffeur Live will not be liable if, for any reason, the Website and/or the web based Application are unavailable at any time or for any period.
6. We are also not responsible for:
a) Failure to provide Chauffeur Live facilitated Travels, or our failure to meet any of our obligations under these Terms and Conditions, where such failure is due to events beyond our control (for example a network failure and events of Force Majeure). The events of Force Majeure include the following events or similar events that are beyond the reasonable control of Chauffeur Live. These include, but not limited to:
i. Network and carrier failures
ii. Adverse market conditions
iii. Strikes or industrial action
iv. Bankruptcy of payment processing companies
v. Changes to regulations and law
vi. Act of god such as storms, floods, tempest, earthquakes etc.
vii. Data server failures
viii. Data / website / Application hacking and interference by malicious acts by others
ix. Malicious acts by competitors and others disabling or making inefficient the Chauffeur Live services.
b) Any losses incurred by the Service User due to delay in payment processing company in settling Service User payments made by the Company. In this event, a delay of up to 2 months could occur.
7. Chauffeur Live is not responsible for the behavior, actions or inactions of Drivers which the Service User may use (which has been facilitated by the Chauffeur Live Website or web based Application). Any contract for the provision of services is between the Service User and the Driver and not Chauffeur Live.
8. Chauffeur Live is not responsible for Drivers cancelling any jobs already confirmed and notified to the Service User (which has been provided by the Chauffeur Live website or its web based Application). At the time Chauffeur Live will endeavor to provide alternate Driver / Vehicle, Chauffeur Live is not liable to the Service User under whatever conditions.
9. The Company may introduce the Service User to third party transportation providers for the purposes of providing transportation. The Company will not be responsible to assess the suitability, legality or ability of any third party transportation providers and the Service User expressly waives and releases the company from any and all any liability, claims for damages arising from or in any way related to the third party transportation provider.
10. The company will not be a party to disputes, negotiations of disputes between the Service User and any third party providers. The company cannot and will not play any role in managing payments between the Service User and the third party providers.
11. Responsibility for the decisions by the Service User regarding services offered via the web based Application or Service (with all its implications) rests solely with the Service User.
12. The quality of the transportation services scheduled through the use of the Service or web based Application is entirely the responsibility of the third party provider who ultimately provides such transportation services to the Service User.
1. This Agreement may not be assigned by the Service User without the prior written approval of the Company, but may be assigned without the Service Users consent by the Company to:
a) a parent or subsidiary;
b) an acquirer of assets;
c) a successor by merger.
2. Any purported assignment by the Service User in violation thereof shall be void.
1. The Service User and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or its web based Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a partys copyrights, trademarks, trade secrets, patents or other intellectual property rights.
2. The Service User acknowledges and agrees that both it and the Company are each waiving the right to a trial by jury. The disputes need to be solved through arbitration.
3. Service User expressly waive the rights to join with other parties in bringing any "class action" whatsoever against Chauffeur Live. This clause may be used to fully defend and disallow such "class action" by Chauffeur Live. In the event such class action is pursued Chauffeur Live shall be entitled to a payment of a defense bond of US$ 50Million to be paid to Chauffeur Live upfront by the Service User before Chauffeur Live take steps to deal with such matters required for the defense. Chauffeur Live will use the defense bond funds to protect itself from any "class actions". The Service User shall pay the defense bond prior to commencement of any "class action".
4. Arbitration Rules and Governing Law: Any legal case or dispute shall be settled under the laws of Victoria Australia.
5. Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written notice for Arbitration.
6. Arbitration Location: Unless the Service User and Company otherwise agree, the arbitration will be conducted in Victoria, Australia.
7. Arbitration Body: ACICA (Australian Centre for International Commercial Arbitration), located in Melbourne, Victoria, Australia.
8. Arbitration procedure: ACICA procedure is to be followed.
9. Fees: Each party will pay their own legal fees.
Chauffeur Live may, in Chauffeur Lives sole discretion, create promotions such as reward points systems that may be redeemed for credit, or other features or benefits related to the Services and/or a Third Party Providers services, subject to any additional terms that Chauffeur Live establishes from time to time. The terms will be available in Chauffeur Lives website. The Service User agrees that these promotions:
1. must be used for the intended audience and purpose, and in a lawful manner;
2. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise);
3. may be disabled by Chauffeur Live at any time for any reason without liability to Chauffeur Live;
4. may only be used pursuant to the specific terms that Chauffeur Live establishes for such Promotions;
5. are not valid for cash; and
6. May expire prior to your use.
Chauffeur Live reserves the right to withhold or deduct credits or other features or benefits obtained through the use of these promotions by Service User or any other user in the event that Chauffeur Live determines or believes that the promotion was in error, fraudulent, illegal, or in violation of the applicable Promotion terms or these Terms.
1. No joint venture, partnership, employment, or agency relationship exists between the Service User, the Company or any third party provider as a result of this Agreement or use of the Service or Application.
2. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall be enforceable to the fullest extent under law.
General Terms and Conditions
Acceptance of these terms and conditions is a condition of booking Travels via the Companys web based Application and is your acknowledgement that you have read, understood and agreed to be bound by them.
Chauffeur Live Pty Ltd - ABN 29 613 718 282 ("Chauffeur Live")
"Service" means the use of the Website and / or Application to secure collection, travel and set down at a given destination nominated by the Service User to a Driver and vehicle dispatched by the Website or its web based Application.
When you access the Chauffeur Live website (a "Visit"), you are accessing web based Application which is owned by or licensed to Chauffeur Live Pty Ltd. For each Visit, Chauffeur Live Pty Ltd, grants you a personal non-exclusive license to use the website and the web based application with the Chauffeur Live site for the duration of the Visit and for the sole purpose of making vehicle and driver enquiries and bookings ("License").
Any other use, commercial or otherwise, of the website or information on the site without the express written permission of Chauffeur Live is strictly prohibited, including any reproduction, data mining, automated querying or similar data extraction processing.What We May Do
You consent to us supplying your billing, payment and identification information to third parties with whom you enter into transactions using Chauffeur Live website. We may also provide such personal information to third parties as is required to complete your booking. You accept that the recipients of this disclosure may not have in place privacy policies equivalent to Chauffeur Live's. You authorize our agents to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide. You also authorize your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate. You authorize our agents to take steps to confirm that there is sufficient credit on your credit card account to meet likely charges. For any payment by credit card, documentation will not be issued until authorization has been obtained from the relevant card company.
We may amend this agreement at any time by posting the revised version of the agreement to the Chauffeur Live web site. The amended agreement will take effect from the time of posting on the Chauffeur Live web site.
You authorize our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand. Once payment has been received, you agree not to seek to reverse or cancel such payment through your card issuer or its agents without Chauffeur Live's prior written consent. Chauffeur Live reserves the right to charge amendment or cancellation fees depending on circumstances and ground transport conditions.
Before we proceed to issue your ground transport operator Travel confirmation notice or process any Travel booking on your behalf, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity. The intent of this process is to reduce any potential risk for fraud and disruption to passengers upon time of Travel commencement. In circumstances where we cannot contact the card holder and the Travel confirmation notice issuance period lapses thereby making the booking invalid, we will have no choice but to cancel the booked arrangements. Under these circumstances we accept no responsibility for any costs. We reserve the right at our absolute discretion to decline or accept bookings made. Any automatic booking confirmations for such bookings are conditional and contingent on our view of any financial risks, potential Travel confirmation notice dispatch delays, or other regulations that may apply.
Chauffeur Live reserves the right for marketing and commercial reasons to modify prices.What You Must Do
By registering for the Service, you warrant to us that you are at least eighteen years old. You must have sufficient credit on your credit card account to meet all charges for Travel services you book through this web site.
You must keep secure any means of identification that we provide to you in order to access the Service. You must not resell the Service or any products or services accessed by means of the Service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the Service. Chauffeur Live takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties or through any unauthorized access to your personal information. You are responsible for all use of the Service, and all transactions entered into by means of the Service, using this user identification. You must not use the Service for any activities which breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority.
You must not use the Service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Service by you or any other person using your membership identification or password.
You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not grant a third party the right to access and use the Service. You must not disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Service except to the extent that the Copyright Act 1968 (Commonwealth) or any other applicable law prevents Chauffeur Live prohibiting you from doing so. You must not modify copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. You must not use the software associated with the Service except in accordance with the License.
You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Service.
You must not assign any of your rights under this agreement to a third party. You agree that as a member you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to continue to receive these newsletters, you will be given the option to unsubscribe in the newsletter.
GST or its international equivalents such as VAT will be charged for Travels provided. Prices will be confirmed inclusive of these taxes.About Our Liability
All warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law. Where we are liable to you under these terms and conditions, to the maximum extent permitted by law our liability will be limited, at our option, to resupply of the Service or the cost of resupplying the Service. To the maximum extent permitted by law, Chauffeur Live excludes all liability in relation to the Service.
You are solely responsible for the suitability of any Travel services which you purchase by means of the Service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of Travel services for use in association with other Travel services, except to the extent that liability in relation to those matters may be imposed on us by legislation that cannot be excluded. Chauffeur Live's role in relation to your Travel arrangements is limited to facilitating your booking and arranging Travel documentation, payments and refunds as applicable. We accept responsibility for the performance of this role and for the willful negligence of our employees. However, to the maximum extent permitted by law, Chauffeur Live disclaims all liability for any technical errors, corruption of data, unauthorized access to your personal data, inaccuracies in information supplied by third parties, or failure by Chauffeur Live to complete bookings where that failure is due to circumstances beyond its control.
Chauffeur Live accepts no responsibility or liability for any failure or delay on the part of any third party in providing Travel services to you where your booking has been properly processed by it; nor is Chauffeur Live responsible for any acts or omissions of ground transport operators or other third parties in the course of delivery of such Travel services, except to the extent that responsibility for those matters may be imposed on Chauffeur Live by legislation that cannot be excluded. Where Chauffeur Live is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to Services not provided because of Chauffeur Live's default. Chauffeur Live shall only be liable to provide a refund to you to the extent that that it actually receives a refund from the relevant ground transport operator or other third party. Where refunds are due to you from third party suppliers of Travel products or services, Chauffeur Live will provide reasonable assistance to you in claiming such funds from those suppliers. In that situation, Chauffeur Live is authorized (but not obliged) to seek such refunds from the third party supplier of Travel products or services directly and on its own behalf. To the maximum extent permitted by law, Chauffeur Live excludes all liability for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.Travels, Payment and Servicing Fee
Chauffeur Live charges within the fare, a Payment and Service Fee in relation to processing your booking and accepting payment. Any Payment and Service Fee is charged by Chauffeur Live in its own capacity (as merchant), and not as an agent for any other party. Payment and Service Fees cover a range of costs, services, fees and charges in relation to your booking, including among other things for example fraud prevention the reasonable costs of accepting card payments, servicing of its Applications and Service platform.Customer Service
The fare includes Payment and Servicing Fee and is provided in your invoice as a consolidated charge. It is non-refundable and will be charged to your credit card or other agreed payment methods within 24 hours. Funds need to be available on your card now otherwise Travel confirmation will not take place.Refunds
Your request for a refund of a Travel fare booked on Chauffeur Live is governed by the Terms and Conditions and are as determined and notified to you by Chauffeur Live.
Where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund may take up to 2 months. This is beyond the control of Chauffeur Live.Currency
All pricing is reflected in local currency unless otherwise specifically denoted on the website.Ending This Agreement
This agreement is governed by the laws in force in Victoria, Australia. You irrevocably submit to the arbitration process and courts of appeal in Victoria for resolving any dispute concerning this agreement.Severability
If any provisions of these Terms are proved invalid or unenforceable, or contain errors or any loopholes, the remaining provisions remain in effect and are valid for all intended purposes. You and the Company will work to replace the invalid, illegal, or unenforceable provisions with ones that have the closest meaning and economic purpose and the intent of the Company.Subject to Change
Company reserves the right to change these Terms and Conditions. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of the Company. It is the Service Users responsibility to check the new Terms and Conditions and familiarize themselves with these changes. Continued use of Companys services is then dependent on the acceptance of the Terms by the Service User.