Thank you for using our Services. These are our relevant general terms and conditions (Terms and Conditions) that apply to your visit to and your use of our Website, Application, Call Centre and all other related and ancillary services.

Electric Cabs Australia Pty. Ltd. is a Taxi Booking and Payment Service enabling you to book, and pay for, a taxi cab through the use of an application supplied by us and downloaded and installed by you on your single mobile device (smartphone) (Trusted partner Application: 13cabs), via our call centre by calling 13 2227 (Call Centre) or via our website at www.ecabsaustralia.com.au (Website).

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

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

Further information about us can be found at www.ecabsaustralia.com.

1. General

1.1 By registering on our Website and/or Application, and on each occasion that you choose to use our Services, you consent to these Terms and Conditions. Neither the registration nor the use of the complete spectrum of Services shall be possible without explicit consent to these Terms and Conditions.

1.2 We reserve the right to amend these Terms and Conditions at any time. Following such amendment, the continued use of our Services by you is subject to your consent to such amended terms and conditions. Your continued use of the Services following posting of any changes to this agreement constitutes acceptance of those changes. It is your responsibility to check this agreement periodically for changes. Electric Cabs Australia may also, in the future offer news services and/or features through the Services. Such new features and/or services shall be subject to these Terms and Conditions.

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

1.4 By using our Services you are entering into an agreement with us to be bound by these Terms and Conditions. In order to be able to first use our Services, you first need to sign up with us. When signing up, you are obliged to provide us with your personal information. Upon successful completion of your signing up with us, we will provide you with a personal account, accessible for you with a password of your choice. You may also be required to provide us with your credit card or Cabcharge account details.

2. Payment

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

2.2 In some cases, we may authorize: (a) a temporary charge on your credit card (or whatever payment method you use) for any amount up to $1 to verify that your card is open and in good standing. This charge will appear as ‘pending’ and will be automatically removed after verification; (b) a temporary charge on your credit card (or whatever payment method you use) for any amount up to the estimated amount of the fare to verify that your card is open and in good standing. If you have completed the trip then the temporary charge will be used to pay the fare but if you cancel the trip then any pre-authorised amount will be refunded to you.

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

2.4 Unless agreed otherwise, charges to you are based on the Government regulated metered fares and any tolls that may apply to your ride. You agree to pay an additional service fee of 5% in the Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia. We shall also charge you an additional fee if you elect to take up the fixed fare guarantee option when making a booking. These charges will be added to your taxi fare at the end of your trip.

2.5 If we use a third-party payment processor (the “Payment Processor“) to link your credit card account to the Service, this paragraph will apply. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions. We are not responsible for any errors by the Payment Processor. In connection with your use of the Services, we will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

3. Conditions of Carriage for Parcel Delivery

3.1 If you choose to use Electric Cabs Australia Parcel Delivery Service, you:

(a) warrant that the goods are not deemed Dangerous Goods in accordance with the Australian Code for the Transport of Dangerous Goods;

(b) warrant that the goods do not contain any illicit substances or any substances prohibited by law, including but not limited to drugs;

(c) agree that the driver is authorised to deliver the goods at the address nominated by you;

(d) agree that if the recipient is not there to accept the goods, the goods will be returned to a Electric Cabs Australia office;

(e) agree that the driver may release the goods to any person who presents him/herself to the driver as the receiver and the driver shall be conclusively presumed to have delivered the good in accordance with these Terms and Conditions if the driver and/or Electric Cabs Australia can provide a GPS pin drop or photograph in relation to the delivery of the goods at the nominated address

4. Communication Provider Charges

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

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

5. Links to Third Party Sites

5.1 The Services may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Electric Cabs Australia and Electric Cabs Australia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Electric Cabs Australia is not responsible for webcasting or any other form of transmission received from any Linked Site. Electric Cabs Australia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Electric Cabs Australia of the site or any association with its operators.

5.2 Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

6. No Unlawful or Prohibited Use

6.1 You warrant that the information you provide to us is accurate and complete. We are entitled at all times to verify the information that you have provided and to refuse the Service without providing reasons.

6.2 You may only access the Services using authorised means. It is your responsibility to check to ensure you download the correct Application for your device and/or use the correct web browser when accessing the Website. We are not liable if you do not have a compatible mobile device or you download the wrong version of the Application for your mobile device. We reserve the right to terminate any Service should you be using the Service or an incompatible or unauthorised device.

6.3 As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions and any notices provided to you by us. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You will only use the Services for your sole, personal use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to any Service

6.4 Electric Cabs Australia reserves the rights to immediately terminate any Service should you not comply with any of the above rules.

7. Term and termination

7.1 The agreement between us and you lasts

(a) for as long as we are providing a Service to you; and/or

(b) for as long as you have an account open with us.

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

7.3 Electric Cabs Australia reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice) if you:

(a) violate or breach any term of these Terms and Conditions, or

(b) in our opinion, misuse the Service.

8. Materials Provided to Electric Cabs Australia or posted on the Website

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

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

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

9. Information for Personal, Non-Commercial Use Only

9.1 You agree that information provided to you by Electric Cabs Australia in connection with the Services is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from our Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our Services including code and software. You must not use our Services for any purpose that is unlawful or prohibited by these terms of use.

9.2 You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on our Services for establishing, maintaining, advancing or reproducing information contained on our Services on your own website, application or in any other publication, except with our prior written consent.

10. Privacy

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

11. Liability

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

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

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

12. Indemnification

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

13. Applicable Law

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

These Terms and Conditions were updated on 05/05/2024.