MYTAXIMANAGER TERMS & CONDITIONS OF USE
ABOUT THE PLATFORM
Welcome to MyTaxiManager, a cloud based platform (the “Platform”) that provides taxi, limousine and hire-car owners and companies (the “Administrator”) and taxi, limousine and hire-car drivers (the “Drivers”) with a streamlined and efficient approach to managing, reporting and recording their interactions (the “Services”).
1. The Platform is operated by MyTaxiManager Pty. Ltd (ACN 600 809 149) t/as MyTaxiManager (“MTM”). Access to and use of the Platform, or any of its associated products or services, is provided by MTM. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of its products or services, immediately.
2. MTM reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MTM updates the Terms, it will use reasonable endeavours to provide you with fourteen (14) days’ notice of same. Any changes to the Terms take immediate effect from the date of their publication. Upon your purchase of the Services, MTM will provide you with an electronic copy of the Terms, however, it is recommended that you check the Terms available on the Platform from time to time and make a copy for your records.
ACCEPTANCE OF THE TERMS
1. You accept the Terms before you can register for the Services and/or making any payment as required under the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you in the user interface.
1. Prior to using the Services as an Administrator you will be required to register for an account through the Platform (the “Account”).
2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address and/or preferred username;
(b) a mailing address;
(c) a mobile telephone number;
(d) credit card details (where required for subscription payments); and
(e) a password.
3. You warrant that any information you give to MTM in the course of completing the registration process will always be accurate, correct and up to date.
4. Once you have completed the registration process you will be a registered member of the Platform (“Member”) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the “Subscription Period”).
5. MTM may, at its sole discretion, elect to offer you a free trial period of the Services. The length of the trial period will be 30 days from the date of registration on the Platform. At the end of the trial period you will have the option to enter your credit card details to begin the monthly subscription. If you decline the option, MyTaxiManager may at its discretion delete the data you have entered.
6. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with MTM; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
USING THE SERVICES AS AN ADMINISTRATOR
1. As an Administrator, you will be provided with an opportunity to create a Dashboard specific to your taxi company which can be accessed by the Drivers. The Administrator can then also access all of the information that the Drivers provide in their use of the Services; as well as do the following:
(a) manager rosters;
(b) view availability of Drivers
(c) notify Drivers by way of SMS communication
(d) manage payments provided by the Drivers.
(e) other functions relating to taxi management.
(f) allow other users access to your Depot.
2. In order to access the Services as an Administrator, you must first purchase a subscription to use the Platform (the “Subscription”) and agree to pay the ongoing monthly fee for the same (the “Subscription Fee”). If you have registered for the trial period, this will only apply at the end of the trial period.
3. The Subscription will be ongoing until such time as:
(a) you provide MTM with fourteen (14) days written notice of your intention to end the Subscription; or
(b) these Terms are terminated pursuant to clause 12.
4. In purchasing the Subscription, you will be required to identify which of the Services you require and you acknowledge and agree that it is your responsibility to ensure that the Services you elect to purchase as part of the Subscription is suitable for your use.
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) immediately remove access to the Platform by any terminated users or drivers;
(d) communications between you and MTM will be made via email to the email address entered above, or to the email address identified in the Platform settings as the favourite, where more than one email exists. An email is considered delivered when the outbox of our server has been marked as ‘Sent’ with a timestamp and has not been returned as ‘Not delivered’;
(e) any notices which appear in the notification area of the home screen are assumed to be read by you, or if read by any other users authorised by the Administrator, to have passed the relevant information to the Administrator;
(f) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify MTM of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(g) access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of MTM providing the Services;
(h) you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of MTM;
(i) you will not use the Services to harass, bully or threaten other Members or upload to the Platform any material that would be regarded as obscene, vulgar or threatening;
(j) you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
(k) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in termination of the Services. Appropriate legal action will be taken by MTM for any illegal or unauthorised use of the Platform; and
(l) you acknowledge and agree that any automated use of the Platform or its Services is prohibited.
(m) you agree that where you have authorised another person to use the Platform, you will have communicated these terms to that person and all obligations contained within this agreement become subject to that person.
PAYMENT OF THE SUBSCRIPTION FEE
1. You acknowledge and agree that the Subscription Fee is based on the number of cars that you are managing through the Platform as well as any other options which may be included in your subscription.
2. Payment of the Subscription Fee is made by way of monthly credit card payments pursuant to the credit card details entered as part of the subscription process.
3. You agree and acknowledge that MTM can vary the Subscription Fee at any time by providing thirty (30) days’ notice and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
1. MTM will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of MTM makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the “Refund”).
COPYRIGHT AND INTELLECTUAL PROPERTY
1. The Platform, the Services and all of the related products of MTM are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services (the “Content”) are owned or controlled for these purposes, and are reserved by MTM or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by MTM, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Platform pursuant to the Terms;
(b) print pages from the Platform for your own personal and non-commercial use.
(c) export data generated by your depot and drivers.
MTM does not grant you any other rights whatsoever in relation to the Platform, the Services. All other rights are expressly reserved by MTM.
3. MTM retains all rights, title and interest in and to the Platform and all related content. Nothing you do on or in relation to the Platform will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
4. You may not, without the prior written permission of MTM and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.
5. If you broadcast, publish, upload, transmit, post or distribute any content on the Platform (“Your Content”), then you grant to MTM a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content. You acknowledge and agree that MTM may provide Your Content to third parties where it is first been de-identified.
OWNERSHIP of DATA
1. All data entered by the Administrator, any users authorised by the Administrator and Drivers who are provided with access to the platform by the Administrator remains solely your property.
2. Access to your data via the platform remains contingent on your subscription fee being paid by you when it is due.
3. You agree that your data, provided that it is de-identified and therefore has no direct reference to you, your depot, your users, your cars or your drivers can be used for the purpose of aggregation for statistical analysis.
THIRD-PARTY DATA ACCESS
1. MTM may offer access to third-party suppliers so as to offer further functionality, such as online access to meter and EFTPOS terminal providers, integration with online programs such as accounting programs, accident and insurance assessor programs, amongst others.
2. You agree that the decision to access these services is your responsibility and that you will provide access to these services and that MTM cannot be held responsible for any modification or deletion of your data if using these services.
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) or any applicable laws in the country from which you registered for the Platform, which by law may not be limited or excluded.
2. Subject to this clause 10, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) MTM we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. The Platform may be unavailable for short periods of time for system maintenance and we will attempt to notify you beforehand via email and notifications on the Platform.
4. Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of MTM make any express or implied representation or warranty about the Content (as defined in clause 8.1 of these Terms) or any products or services (including the products or services of MTM) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) a failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Platform, the Services, or any of its Content related products (including third party material and advertisements on the Platform);
(c) costs incurred as a result of you using the Platform, the Services or any of the products of MTM;
(d) the Content or operation in respect to links which are provided for your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
You acknowledge and agree that the Platform may be taken down from time to time for a variety of reasons, including but not limited scheduled maintenance (the “Shutdown”). While MTM will take all reasonable steps to notify you of the same, you acknowledge and agree that MTM will hold no liability for consequential loss caused as a result of any Shutdown that may occur during the course of your use of the Services.
LIMITATION OF LIABILITY
1. MTM’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that MTM, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
TERMINATION OF CONTRACT
1. The Terms will continue to apply until terminated by either you or by MTM as set out below.
2. If you want to terminate the Terms, you may do so by:
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing MTM with thirty (30) days’ notice of your intention to terminate; and
(c) closing your accounts for all of the services which you use, where MTM has made this option available to you.
Your notice should be sent, in writing, to MTM via the ‘Contact Us’ link on our homepage.
3. MTM may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any provision;
(c) MTM is required to do so by law;
(d) MTM believes that that data integrity of the Platform has been compromised or if the source code has been subjected to interference;
(e) MTM is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(f) the provision of the Services to you by MTM is, in the opinion of MTM, no longer commercially viable.
4. Subject to local applicable laws, MTM reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts MTM’s name or reputation or violates the rights of those of another party.
5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and MTM have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
1. You agree to indemnify MTM, its affiliates, employees, agents, contributors and licensors from and against any breach of the Terms.
DISPUTE RESOLUTION AND MEDIATION FOR RESIDENTS OF AUSTRALIA
1. If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. A party to this Agreement claiming a dispute (the "Dispute") has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the "Notice").
3. On receipt of the Notice by the other party, the parties to this Agreement (the "Parties") must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
4. If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee and attend a mediation.
5. It is agreed that mediation will be held in Brisbane in the State of Queensland, Australia.
6. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
7. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as "without prejudice" negotiations.
8. If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
9. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
DISPUTE RESOLUTION AND MEDIATION FOR RESIDENTS OUTSIDE OF AUSTRALIA
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Queensland or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Brisbane, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
6. Termination of Mediation:
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
ARBITRATION AND LEGAL PROCEEDINGS
1. In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause 15.1 may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
(end of Dispute Resolution for residents outside of Australia)
VENUE AND JURISDICTION
The Services offered by MTM are intended to be viewed by residents of Australia as well as all other international locations. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in Australian Dollars (AUD) and are GST (Goods and Sales Tax) exclusive. GST is only applicable to subscribers situated in Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
INDEPENDANT LEGAL ADVICE
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.