1 Acceptance of Terms
- This document sets out the terms and conditions (Terms) on which you (You) may access and use the ‘ihail’ app (App) and service (together, the Service), including in particular to connect you with third parties to book taxi rides and other transport.
- These Terms apply in addition to any other terms and conditions to which You are subject in relation to the Service, including:
- any relevant third party terms and conditions, including any relevant terms for https://www.apple.com/au/itunes/, https://play.google.com/store or associated websites and for any other third party websites to which the App may be linked,
(collectively, Other Terms). In the event of any inconsistency between these Terms and the Other Terms, these Terms will prevail to the extent of the inconsistency.
- By accessing or using the Service, You accept and agree to these Terms without any limitation or qualification. These Terms constitute a legally binding agreement between You and iHail Pty Ltd 30 602 589 766 of 18-20 Compark Circuit (We or Us).
- You warrant to Us that You are 18 years of age or older, and have the authority to enter into these Terms. If You are accepting these Terms on the behalf of a company or other legal entity, You warrant to Us that you have the authority to bind that company or entity to these Terms.
2 Changes to the Terms
- We may change these Terms from time to time by posting the changed Terms through updates of the App or on the Website.
- By You continuing to use the Service, such changed Terms will apply from that point forward.
3 Using the Service
- The Service is designed to connect You with booking services (such as taxi network service providers) which may allow You to book taxis and other vehicles operated by third parties (Vehicle Operators).
- When You request a vehicle, Our role is to communicate Your request to booking services and Vehicle Operators. We are not a booking service and are not responsible for providing the vehicle and transportation services, and we cannot compel a Vehicle Operator to do so.
- Where a Vehicle Operator accepts Your request, the Service is designed to send You confirmation and details of this. Those details may include vehicle type, licence plate, vehicle location, Vehicle Operator and contact details.
- We may, at Our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that We establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
- Must be used for the intended audience and purpose, and in a lawful manner.
- May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Us.
- May be disabled by Us at any time for any reason without liability to Us.
- May only be used pursuant to the specific terms that We establish for such Promo Code.
- Are not valid for cash.
- Will be redeemed on the first eligible booking.
- May expire prior to your use.
- We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that We determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
- We may charge You the following fees:
- Vehicle Fare – for licensed taxis, this will be an amount agreed in advance with the Vehicle Operator (Agreed Vehicle Fare) or will be the metered amount plus any applicable extras, tolls and/or airport charges in accordance with the appropriate government legislation (Metered Vehicle Fare). For other vehicles, the fare must be an Agreed Vehicle Fare, i.e. agreed in advance with the Vehicle Operator. Agreed Vehicle Fares are based on a reasonable direct route determined by the Vehicle Operator. Any route variations You request are not included in the Agreed Vehicle Fare and must be further agreed with the Vehicle Operator and paid directly to the Vehicle Operator. For licensed taxis, agreed additional amounts must be a reasonable estimate of the metered amount for the route variation, or otherwise in accordance with applicable law.
- No Job Fee – applies if a vehicle You have booked turns up at the requested location before You have cancelled Your booking before the vehicle arrives and you are not present at the requested booking location. In this case You will be charged an NZ$5.00 No Job Fee. Any applicable No Job Fee will be always be charged to your registered default In App payment method, regardless of your chosen method for paying the vehicle fare. Any applicable No Job Fee is not eligible for any Promo Code or discount.
- Repair or Cleaning Fees – You shall be responsible for the cost of repair for damage to, or necessary cleaning of, third party provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Vehicle Operator reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Us at our reasonable discretion, We reserve the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Vehicle Operator using your payment method designated in your Account. Such amounts will be transferred by Us to the applicable Vehicle Operator and are non-refundable. Any applicable Repair or Cleanings Fees will incur a Credit Card Service Fee. Any applicable Repair or Cleanings Fees are not eligible for any Promo Code or discount.
- Other fees as notified to You in advance.
- We will make You aware in advance of your booking if there are any changes to the fees outlined in (4 (a)) through the App.
- Where We charge You fees relating to services provided by the Vehicle Operator, these are charged by Us in Our capacity as the Vehicle Operator’s billing agent only. We may facilitate your payment of the applicable fees on behalf of the Third Party Payment Provider.
- Our Third Party Payment Provider is TaxiCharge. All In App payment methods will be processed by TaxiCharge.
- We will ask You to register Your credit card or other payment details with Us for Your use of the Service. We may charge any applicable fees to Your registered payment method, subject to complying with relevant legal requirements. If You do not have a valid credit card or other payment details registered with Us at the time of Your booking, We may decline your booking or require You to pay the Vehicle Operator directly. We will give You the option to choose to pay the Vehicle Operator directly for any completed fare.
- All Fees are due immediately, after which We will send you a receipt to Your Profile’s listed email address. Fees paid by you are final and non-refundable, unless otherwise determined by Us.
- We do not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Us (on Our website, in the Application, or in Our marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that We provide any additional amounts, beyond those described above, to the Vehicle Operator. You understand and agree that, while you are free to provide additional payment as a gratuity to any Vehicle Operator who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
5 Privacy and use of data
- We may collect personal information including information You submit through Your use of the Service.
- We may collect, use and disclose Your personal information to provide, administer, improve and personalise our products and services (including the Service), identify You, protect Our lawful interests and deal with Your concerns. We may not be able to do these things without Your personal information. For example, some functionality of the App may be limited or we may not be able to offer all aspects of the Service.
- We may exchange Your personal information with Our related bodies corporate and Our service providers that assist us with archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, research, investigation, website or technology services.
6 Your use of Our materials
- All rights in the App and content available through the Service, including without limitation copyright in the software and data comprising the App and Our trademarks, are owned or licensed by Us (Our Materials). As between You and Us, We own all rights in and to Our Materials and the Service. You must not remove, alter or conceal any copyright, trade mark or other proprietary rights notice incorporated in or accompanying Our Material and You must not reproduce, modify, adapt, perform, display or otherwise exploit Our Materials other than as permitted in paragraph (b) below.
- We grant You a limited, non-exclusive, personal, royalty free licence to use Our Materials to the extent that they are incorporated with Your Content for the purposes of using the Service.
7 Your Content
- You are responsible for all of the content and details that You submit to the Service (Your Content). In particular, You remain responsible for any breach of contract or infringement of any intellectual property or other rights of any third party in connection with Your Content.
- You hereby grant to Us a non-exclusive, worldwide, transferable licence to exercise all rights in Your Content. You acknowledge and agree that this licence permits Us to publish, licence or exercise other rights in Your Content on the Service and otherwise publish, licence or exercise rights in Your Content in any other media.
- You acknowledge and agree that no payment is due to you for the foregoing assignment or licence, or from any exploitation or use of Your Content by Us or anyone else who might be granted license rights under or through the auspices of Us.
- You agree that We and any licensee of Your Content may exercise all rights in Your Content and use Your Content in any way, including:
- without attributing you as the author, photographer or creator of Your Content; and
- by re-sizing or otherwise changing the appearance of Your Content, and you consent to such acts and omissions and to the extent possible waive all moral rights in Your Content.
- You warrant that Your Content is not subject to any confidentiality or other restriction, and that You have full authority to grant the licence without infringing any third party rights.
- While under no obligation to do so, We retain the right to review, edit, and remove from the Service any of Your Content at any time and without notice to You.
You must not:
- submit, or use the Service to send, any unauthorised commercial communications (such as spam);
- access the Service using automated means;
- upload viruses or other malicious code to the Service;
- bypass any measure We may use to prevent or restrict access to the Service, any part of the Service or any other software, systems or networks connected to the Service;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Service;
- create derivative works from any part of the Service;
- rent, lease, lend, sell, transfer, redistribute, or sublicense the App or Our Materials;
- not do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack;
- let anyone else access Your account for the Service; or
- use the Service in any manner or for any purpose that it is unlawful.
- You may stop using the Service at any time for any reason, without notice to Us.
- We may terminate, disable, block or suspend Your access to the Service:
- immediately, if You breach, or We suspect on reasonable grounds that You have breached, these Terms; or
- on 7 days’ notice to You, at any other time for any other reason.
- All provisions which by their nature survive termination, including clauses 3, 6, 10, 12 and 13, will survive termination of these Terms.
- You are responsible for:
- all of Your activity on and in connection with the Service (including Your use of Third Party Sites and Tools, as defined in sections 12 and 13 below);
- all of the activity conducted using Your account for the Service, whether or not conducted or authorised by You;
- keeping Your password for the Service safe, secure and confidential, and notifying Us if you become aware that access to your account for the Service has been compromised;
- ensuring that all of the information and details that You submit to the Service are complete and correct at all times;
- ensuring that Your device used to access the Service is compatible with Service, and that You are authorised to use it;
- what you access on the Service;
- how You interpret or use the Service; and
- any actions that You may take as a result of the Service.
- We reserve the right to access, read, preserve and disclose any information as We reasonably believe is necessary to:
- satisfy any law or regulation;
- enforce these Terms, including investigation of potential violations of these Terms;
- detect, prevent or otherwise address fraud, security or technical issues; or
- respond to support issues.
- Since electronic services are subject to interruption, breakdown and failure, access to the App and other electronic features of the Service is offered on an ‘as is’ and ‘as available’ basis only. There are many things outside Our control which might mean that the Services cannot function under all circumstances. Subject to Your Consumer Rights (clause 11), You acknowledge that it is Your responsibility to take appropriate measures to minimise any loss or damage that may flow from any interruption, breakdown or failure of the Service. For example, You should not rely on the Service to ensure transportation in any emergency situations.
11 Your Consumer Rights
- Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the New Zealand and Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights).
- In New Zealand, Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such the NZ Commerce Commission and in Australia the Commerce Competition and Consumer Commission and State/Territory fair trading authorities.
- Where You suffer any loss in connection with this App and You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.
- Subject to Your Consumer Rights, we are not liable:
- for any loss that was not reasonably foreseeable to You and Us;
- to the extent that Your loss was contributed to by You or any other matter outside Our reasonable control; and
- for any transportation services, which are the responsibility of the Vehicle Operator and not Us.
12 Links to third party websites
The App may contain links to other websites or applications owned, operated or produced by third party organisations independent of Us (Third Party Sites). The links are provided for convenience only and We have not verified and do not sponsor, endorse or approve the operators of, or any materials on (including information, products or services), those Third Party Sites.
13 Third party tools
Certain tools, devices, software programs or other features (Tools) available on or through the App may be provided by third parties. These Tools are provided as a convenience to You. These Tools are not operated by Us and We are not responsible for examining or evaluating the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.
14 Platform terms
- You acknowledge that We (not any other party) are responsible for the App and its contents in accordance with these Terms. Both You and We acknowledge that We (not any other party) are responsible for providing any maintenance and support services for, and addressing complaints in relation to, the App.
- You represent and warrant that You are not:
- located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; or
- listed on any US government list of prohibited or restricted parties.
- If you access the App on a device that is capable of accessing Google Play, we grant You a non-exclusive, worldwide and perpetual licence to perform, display and use the App on Your device that is capable of accessing Google Play.
- The following paragraphs (1) to (5) apply for the Apple version of the App available on the iTunes Store:
- You acknowledge that these Terms are between Us and You, and that Apple Inc (Apple) is not a party to these Terms.
- We grant You a non-exclusive, revocable, royalty free, non-transferable licence to use the App in accordance with these Terms on an iOS Product (that is, any Apple-branded product that runs the iOS operating system software provided by Apple) or any other product permitted by Apple from time to time that You use or control and as permitted by the “Usage Rules” set out in the “App Store Terms of Service”.
- Both You and We acknowledge that in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, We (not Apple) will (subject to clause 7(a)) be solely responsible for the investigation, defence, settlement and discharge of such claim.
- You acknowledge that Apple has (to the maximum extent permitted by law) no warranty obligations with respect to the App and that any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty implied or imposed by law will be Our responsibility (not Apple’s). Without limiting any other provisions of these Terms, both You and We also acknowledge that We (not Apple) are responsible for addressing any claims that You or a third party has relating to the App or Your possession or use of the App, including without limitation any product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation.
- Where permitted under applicable laws, both You and We acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, on Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary of these Terms.
- If any provision of these Terms is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
- These Terms are governed by the laws of New Zealand. Subject to Your Consumer Rights, the courts of New Zealand (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
- If We fail to enforce any of Our rights under these Terms, that does not mean We waive those rights. If You fail to enforce any of Your rights under these Terms, that does not mean You waive those rights.
- These Terms are personal to You and You may not assign or otherwise transfer any rights under these Terms without Our prior written consent. We may assign or otherwise transfer Our rights and obligations under these Terms as We require.
- These Terms govern any upgrades provided by Us that replace and/or supplement the original App, unless such upgrade is accompanied by separate terms, in which case those terms will govern the upgrade.
If You have any questions or complaints about the App, please contact Us on the details below:
Email address: email@example.com
iHail Pty Ltd ABN 30 602 589 766
Last updated: 15 July 2016