Terms & Conditions

Privacy Statement

Privacy Policy CabFare— United States
Last updated on October 18, 2016.

Welcome to CabFare!

CabFare Technologies Inc (“CabFare”, “we”, “us” or “our”) developed this service to make it easier and safer for all who ride in or drive or operate a taxi or limousine including paying for or accepting payments in your taxi or limousine so you can feel more relaxed about the service you use or operate.  We provide a platform that enhances the passenger’s in vehicle experience by providing information regarding the trip and the operator to the passenger in the taxi or limousine and in certain circumstances CabFare facilitates payments either via the Mobile Application it provides to drivers.

We understand that privacy is important to both our online visitors and registered users whether they be drivers, operators or passengers. We respect your privacy and will take reasonable steps to protect your information.
This Privacy Policy will help you understand the following:

  1. What does the Privacy Policy Apply to;

  2. Information collection and use

  3. Sharing and disclosure of information

  4. Choice and data retention

  5. Protection of information

  6. Changes and notifications

  7. Contact us

Please also review, if applicable, our Terms and Conditions agreement with CabFare, which shall govern in the event of any inconsistency with this Privacy Policy.

1. What does this Privacy Policy apply to?

Cabfare Technologies, Inc. is located at 2035 Sunset Lake Road, Suite B-2, Newark, Dealware 19702. This Policy applies to the cabfare.com website, including all subpages and successor pages (collectively referred to as the “Website”), and to the CabFare Mobile App downloaded from the Apple Store or Google Play, and also applies to all software and services that we offer, including payments that may be made available on a third-party website, or other services that we offer through our Website and Mobile App when you register for a CabFare account (collectively referred to as the “Services”).
This Policy does not apply to any website, product or service of any third-party company even if the website links to (or is linked from) our Website. CabFare does not operate or control those websites, products or services. Please always review the privacy practices of a company before deciding whether to provide any information.
By using our Website or Services, you are accepting the practices described in this Policy. If you do not agree with this Policy, delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services signifies your acceptance of this Policy.

2. Information collection and use

Broadly speaking, we collect information in three ways: (1) when you provide it directly to us, (2) when we obtain verification information about you or your company through trusted third parties (e.g. banks, credit bureaus), and (3) passively through technology such as “cookies”. The types of information that we collect and our use of that information will depend on whether you are a Website Visitor, Test User, Checkout User, or Live User, as described below.

Personal Information
The term “Personal Information”, as used in this Policy, refers to any information that can be used to identify a specific person, or any anonymous information (e.g., IP Address) that is linked to a specific person. Personal information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.

We use your personal information to provide you with our services and to perform everyday business operations associated with our Mobile Application (such as opening an account or processing your transactions, providing you with driver, vehicle and trip information), to help us evaluate, improve and develop these services, to perform data analytics, to maintain your account, comply with legal obligations including those aimed at preventing money laundering, for risk control, anti-fraud and information, and to improve customer experience and the running of our business

Cookies and Web Server Logs

Similar to many commercial websites, we use “cookies” and other technologies to collect non-personally-identifiable information from our Website. “Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies store information accessed through your browser to streamline activities on related web sites, and make the online experience easier and more personalized. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at a site. We use cookie data to measure web traffic and usage activity on our Website for purposes of improving and enhancing the functionality of our Website, to look for possible fraudulent activity, and to better understand the sources of traffic and transactions on our website. Log files are used to monitor, measure, analyse, improve, and troubleshoot our Services. You can choose to disable cookies for our Website but this may limit your ability to use our Website and Services; see below “Choice and Opt Out”.
In order to understand and improve the effectiveness of our advertising, we may also use web beacons, cookies, and other technology to identify the fact that you have visited our Website or seen one of our advertisements, and we may provide that information to one or more third party advertising networks. The information we provide may include the time and date of your visit to our website, pages viewed, links clicked and other non-personally identifying information. Those advertising networks may recognize the web beacon or cookie associated with your visit to our Website when you visit other websites on which they serve advertising, and they may make decisions about the advertisements you see based on it. We may choose to work with Google AdWords, Doubleclick, AdRoll or other advertising networks. Each of these companies has its own privacy policy, which we encourage you to review. For more information about advertising and tracking online, visit the Network Advertising Initiative. This website allows consumers to “opt out” of the behavioural advertising delivered by member companies.

Website Visitors

To simply browse our Website, you are not required to provide any Personal Information. However, we may gather non-personally-identifiable information, as described directly above, just for the purposes of monitoring and improving our Website and Services. We will not share this information with third parties except as a necessary part of providing our Website and Services, nor will we use it to target any advertisements to you.

Mobile App Users

If you are using the CabFare mobile application, additional information may be collected from you including; unique device identifiers for your mobile device, your screen resolution and other device settings, information about your location, and analytical information about how you use your mobile device. We may ask your permission before collecting certain information (such as precise geo-location information) through the CabFare Mobile Application

Driver and Taxi Operator Users
When you use CabFare’s drivers website to store your credentials, we will gather and store your information, your email address, your mobile phone number, driver ID, vehicle number, SSN, and address. We will use this information to complete registration as a driver or operator, but only with your permission. We will not share this information with other third parties except as a necessary part of providing our Website and Mobile App Services to passengers, but the information that is shared is limited to your name, driver ID, and vehicle ID or in accordance with the provisions described below in “Sharing and disclosure of information”.

To gain full access to our Website and Services, you must register for a CabFare account. When you register for an account, we collect Personal Information when you voluntarily provide it to us, such as the following:

  1. Your name, company name, location, email address, and phone number, and account password, to set up your account

  2. Your business and personal tax, social security, or other government-issued identification or identification numbers, as well as your date of birth, to verify your identity for Customer Identification purposes of Section 236 of the Patriot Act 2001.

  3. Your bank account information, to settle funds for your payments

With your consent, we may also collect additional Personal Information in other ways including emails, surveys, and other forms of communication. Once you begin using the Service through your CabFare account, we will keep records of your transactions and collect information of your other activities related to our Services. The foregoing Personal Information will be shared and disclosed as described below in “Sharing and disclosure of information”.

Children’s Online Privacy Protection Act

Our Website and Services are directed to the general public. We do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.

3. Sharing and disclosure of information

CabFare does not sell or rent your Personal Information to marketers or third parties.
We may share your Personal Information with trusted third parties who are integral to the operation of our Website and Services, including but not limited to financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorized to receive your Personal Information. We may store your Personal Information in locations outside the direct control of CabFare, for instance, on servers or databases co-located with hosting providers.
We may disclose your Personal Information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process, (ii) we must do so to comply with laws, statutes, rules or regulations, including credit card rules, (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service.
We will only disclose your Personal Information in response to such a request if we believe in good faith that doing so is necessary to comply with applicable law or a legal obligation to which we are bound. If we receive such a request, we will use reasonable efforts to give you prompt notice, so that you may contest it if you choose. We won’t provide you such notice if we determine in good faith that either (a) we are not permitted to provide it under applicable law, or (b) that doing so would result in an imminent risk of death, serious physical injury or significant property loss or damage to CabFare or a third party.
In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, any information in our possession may be transferred to our successor or assign.

4. Choice and data retention

We are required to collect certain Personal Information to confirm your identity and comply with our obligations. If you elect to not provide Personal Information in optional fields it may limit your ability to use our Services. You can update your account information by signing on to our Website with your Stripe account.
We may occasionally email you with information about offers or new services. You can opt out of these email communications by replying with unsubscribe in the subject line, or via an unsubscribe link included in such communications. However, you will continue to receive certain email communications related to your account including information regarding transactions and your relationship with CabFare.

If you wish to opt out of having cookies set on your browser (as described above) the only way to ensure that this happens is to manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. For more information, refer to your browser’s technical information. Note that disabling cookies on your browser prevents CabFare from tracking your activities in relation to our Website and Services. However, it may also disable many of the features available through our Websites and Services. We therefore recommend that you leave cookies enabled.
CabFare has a variety of obligations to retain the data that you provide us, both to ensure that transactions can be appropriately processed, settled, refunded or charged back, to identify fraud, and also to comply with laws applicable to us and to our banking providers and credit card processors. Accordingly, even if you close your CabFare account we will retain certain information as necessary to meet our obligations.

5. Protection of information

Although no data transmission can be guaranteed to be 100% secure, we take reasonable steps to protect all Personal Information. CabFare maintains strict administrative, technical, and physical procedures to protect information stored in our servers, which are located in the United States and Australia. Access to information is limited (through user/password credentials and software systems) to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files.

6. Changes and notifications

We reserve the right, in our sole and absolute discretion, to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and/or retroactive, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances.
CabFare will provide you with disclosures and alerts regarding this Policy by posting them on our Website, by emailing the email address listed in your CabFare account if you are a Driver or Taxi Operator. You agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices in relation to this Policy shall be considered to be received by you within 24 hours of the time it is posted to our Website or emailed to you (unless we receive notice that the email was not delivered).

7. Contact us
If you have any questions or suggestions about this Privacy Policy or any of our privacy-related practices, please contact us.

Privacy, Terms and Social Policy

Terms and Conditions

Last updated on 14 July  2017

CABFARE TERMS AND CONDITIONS FOR THE USE OF THE CABFARE APP APPLYING TO DRIVERS AND PASSENGERS IN THE UNITED STATES of AMERICA

CabFare Technologies Inc (“CabFare”, “we”, “us” and “our”), provides services to providers and customers of taxi and limousine services. Click here for more details about CabFare.  We provide a platform that enhances the passenger’s in vehicle experience by providing information regarding the trip and the operator to the passenger in the taxi or limousine and in certain circumstances CabFare facilitates payments via the App it provides to drivers.

For information on how we will use your personal data, please see our Privacy Statement.

DRIVERS NOTE THAT SECTIONS A AND C ARE TO BE READ IN CONJUNCTION

PASSENGERS NOTE THAT SECTIONS B AND C ARE TO BE READ IN CONJUNCTION

SECTION A – DRIVERS ONLY

DRIVER SPECIFIC TERMS AND CONDITIONS FOR USE OF THE CABFARE APPLICATION

For the terms and conditions for Passengers see “SECTION B” below

You can only use the CabFare App if you are a licensed taxi OR limousine driver in the State in which you operate. We will not let you join (in our absolute discretion) where:

  • we have reason to believe that you are not a licensed taxi or limousine driver; or

  • you do not provide the required information set out on the Driver Registration form and a head shot photo for the CabFare App.

  1. You agree and warrant that:

    1. All information and details provided by you to us (including during registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time Contact Us.

    2. You will not use CabFare: for any unlawful purpose; in any way that interrupts, damages, impairs or renders CabFare less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your taxi or limousine services in the normal course of the use of CabFare);

    3. You have all the appropriate licenses, approvals and authority to provide taxi or limousine services to passengers; that you own or have the legal right to operate the vehicle you use when using CabFare and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;

    4. You will comply with all applicable laws and be responsible for the provision of your taxi or limousine services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);

    5. Compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

    6. Your use of CabFare App grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to CabFare software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the CabFare services in accordance with these Terms;

  2. You will refrain from doing anything that we reasonably believe to be disreputable or capable of damaging our reputation;

  3. CabFare offers passengers a service to facilitate their fare payments. You must not prevent passengers choosing this payment facility in connection with your taxi or limousine services if the CabFare passenger selects that payment option.

  4. CabFare is not responsible for the behaviour, actions or inactions of passengers whether or not they are CabFare users. Any contract for the provision of taxi or limousine services is between you and the passenger and not CabFare.We provide a platform that enhances the passenger’s in vehicle experience by providing information regarding the trip and the operator to the passenger in the taxi or limousine and in certain circumstances CabFare facilitates payments via its App to drivers registered with it.

  5. In relation to the reporting information we provide, we use all reasonable endeavours to ensure that such information is accurate but we can’t guarantee that it will always be accurate or correct.

FARE CHARGES AND PAYMENT, TO DRIVERS

  1. CabFare app service is provided free to you as a Driver to use.Where CabFare pays fare charges to you by direct bank transfer there are no transaction fees.Should you elect to receive payment from a third party registered Agent, then charges applicable to the Agent will be deducted from your payment at the time of payment consistent with the Terms and Conditions of that Agent.

    DATA PROTECTION: Your personal information is processed under applicable laws and is controlled for the purposes of providing the requested services. Your information is used to provide you with the services you have asked for and may also be used in connection with other services, products, convenience and/or rewards programs send you commercial communications. Providing your information and that of the receiver of our services is voluntary but necessary to execute the transaction

  2. CabFare does not provide payment protection or guarantees in relation to Card Payment transactions or payments made via the CabFare App. This means that you will bear the risk in the event that a transaction proves to be fraudulent or unauthorised.

  3. You may only accept and process payments using CabFare Mobile App where the cardholder has authorised such transaction either by PIN or biomentric TouchID facilities with PayPal, ApplePay or AndroidPay on their cell phone. These are the only forms of payment that can be processed via the CabFare Mobile Application.

  4. Where a passenger makes the payment via the CabFare App any money due to you shall be paid by us less:

    1. any chargebacks and chargeback costs (where card issuers, schemes or financial institutions refuse to settle a transaction or demand payment in respect of a disputed transaction and the administrative costs incurred as a result of this); and

    2. any fees or costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay.

  5. We may withhold or delay payments to you where:

    1. the passenger denies authorising or we have reasonable grounds to suspect that the passenger did not authorise the relevant transaction; or

    2. pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.

  6. You agree to co-operate with and support us (including through the provision of relevant information) in the event of a dispute over any transaction lodged by a passenger either directly with CabFare or under any EFT Code of Practice with a card issuer or acquirer.

  7. We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these Terms.

  8. You acknowledge that Card Issuers or banks or card payment processors may ask that they or we conduct an audit of your activities to ensure compliance with these Terms and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies.

TERMINATION

  1. We may terminate these Terms and close any account you have with us by giving you 7 days’ notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if you cease to be a licensed taxi driver, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.

  2. We reserve the right to suspend, restrict or terminate your access to CabFare at any time without notice if we have reasonable grounds to believe you have breached any of these Terms and Conditions or the specific conditions associated with the application license and which form part of these Terms and Conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

  3. You may cancel these Terms at any time by simply closing your account by advising us in writing and returning all equipment (EFTPOS Terminal and Car Charger and Wall Charger) in good working order to our Principal Place of Business.If the equipment is damaged or partial return we will issue an invoice for the damaged or items not returned and this is to be paid in full within 10 business days.

OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

We accept liability for death or personal injury caused by our negligence or that of our direct  employees but not by any contractor or driver or agent. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees. You have certain rights under the law. These include that we will provide CabFare to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights.

If we breach these Terms, We shall only be liable for losses that are a reasonably foreseeable consequence of such a breach, up to a maximum of $1,000. “Foreseeable” means that you and we reasonably could have contemplated the losses at the time of entering into these Terms.

We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any passengers; (iii) the actions or inactions of other drivers; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; or (v) failure to provide CabFare or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure by our telecommunications provider or card payment acquirer).

COMPETITIONS

Please read our full Competition Rules page that we publish from time to time before entering into any CabFare competition. CabFare posts the details of all competitions on our blog where the closing date is specified. To enter any CabFare competition you must be: (a) An Australian resident; and (b) 18 years old or over at the time of entry. No purchases are necessary. Competitions are not open to employees (or members of their immediate families) of CabFare.

GENERAL

  1. We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out above, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

  2. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

  3. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

  4. These Terms are not intended to give rights to anyone except you and us.

  5. We are constantly looking for ways to improve and expand CabFare. We may amend these Terms from time to time in order to reflect changes to CabFare in which case we will give you reasonable notice by email of any changes to these Terms. You can terminate at any time as set out above.

  6. We will do our best to resolve any disputes over these Terms. If you wish to take proceedings against us you must do so within the Arbitration terms set out in Section C of this Agreement.

  7. These Terms and Conditions were last updated on 14 July 2016.

SECTION B _ PASSENGERS ONLY

PASSENGER TERMS AND CONDITIONS FOR USE OF THE CABFARE APPLICATION

CabFare Technologies Inc (“CabFare”, “we”, “us” or “our”) developed this service to make it easier and safer for all who ride in a taxi or limousine including paying for or accepting payments in the taxi or limousine.  We provide a platform that enhances the passenger’s in vehicle experience by providing information regarding the trip and the operator to the passenger in the taxi or limousine and in certain circumstances CabFare facilitates payments via the App it provides to drivers.

For information on how we will use your personal data, please see our Privacy Statement.

For the Terms and Conditions for Drivers see “SECTION A” above

YOUR USE OF THE CABFARE APP

You can use CabFare as a “Guest User” (i.e. Anonymous User) and pay for the journey via your PayPal App, ApplePay or Android Pay installed on your device.

  1. As a User You agree and warrant:

    1. Your use of CabFare grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to CabFare software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the CabFare services in accordance with these Terms.

    2. That you will not use CabFare: for any unlawful purpose; in any way that interrupts, damages, impairs or renders CabFare less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services.

  2. You will refrain from doing anything that we reasonably believe to be disreputable or capable of damaging our reputation;

  3. That you will comply with all applicable laws and regulations as a passenger in a Taxi or Limousine;

  4. To make payment in full to any drivers for any services provided by the driver of a taxi or limousine to you.

  5. You may choose to use the CabFare app to facilitate payment of your fare for services provided in a taxi or limousine where the Driver is registered with CabFare’s app service but it is not a condition of use of the CabFare App to pay for your ride.You can elect to pay by EFTPOS or Cash rather than via the App.If you selected to pay via the App during the journey you can opt out of this function at the completion of the journey BUT you must pay the agreed or metered fare before exiting the vehicle.

  6. Agree to treat taxi and limousine drivers with respect and not to cause damage to their vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their taxi or limousine.

  7. To compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

  8. CabFare is not responsible for the behaviour, actions or inactions of Drivers of taxi or limousines whether or not they are CabFare users.Any contract for the provision of taxi or limousine services is between you and the Driver and not CabFare.We provide a platform that enhances the passenger’s in vehicle experience by providing information regarding the trip and the operator to the passenger in the taxi or limousine and in certain circumstances CabFare facilitates payments via its Mobile Application it provides to drivers.

  9. In relation to the journey reporting information we provide, we use all reasonable endeavors to ensure that such information is accurate but we can’t guarantee that it will always be accurate or correct.

CHARGES AND PAYMENT

  1. If you choose to pay for a taxi ride through CabFare then such payment will be taken automatically at the end of the journey using CabFare payment system via your PayPal details stored in your PayPal App, ApplePay, or Android Pay application installed on your device. You agree that PayPal, ApplePay, or AndroidPay may undertake authorisation checks on your payment method when you first register with PayPal, ApplePay or AndroidPay and during each individual mobile application payment.

  2. When you make a payment via the Mobile Application payments using CabFare Mobile App you as the cardholder will have authorised the transaction either by PIN or by way of biomentric TouchID facilities with PayPal, ApplePay or AndroidPay on your cell phone. These are the only forms of payment that can be processed via the CabFare Mobile Application. Accordingly you are deemed by CabFare to have been present at the time of the transaction. So do NOT provide your PIN or Smart Phone to a third party; do NOT share your device passcode or let anyone else register their fingerprints to your device whilst your card is registered in a mobile wallet; do NOT leave your device unattended and ensure you take all necessary steps to prevent unauthorised use of your mobile wallet as you will be liable for the charges.

  3. In the event that a payment is declined when paying via the CabFare payment system via the CabFare Mobile Application you agree to pay for the fare in full either in Cash or via a Card using an EFTPOS terminal facility provided by the Driver.You are reminded that fare evasion is a criminal offence.

  4. When you pay via the CabFare payment system via the Mobile Application, you will be given the option to select a “tip” amount. This will automatically be added to the fare amount independent of any discounts offered by CabFare from time to time

  5. Cleaning: If you soil a taxi or limousine and it requires cleaning after your journey then you agree to pay all cleaning costs.If such costs are prescribed the prescribed fee will be charged to your Card either by the Driver or CabFare.If no fee is prescribed then a cleaning fee of $250.00 will be charged.

  6. Damage: You will be charged at cost for any damage to the taxi or limousine or the caused by you.

TERMINATION

  1. We may terminate these Terms and close any account you have with us by giving you 7 days’ notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if you cease to be a licensed taxi driver, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.

  2. We reserve the right to suspend, restrict or terminate your access to CabFare at any time without notice if we have reasonable grounds to believe you have breached any of these Terms and Conditions or the specific conditions associated with the application license and which form part of these Terms and Conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

  3. You are under no obligation to use the service and may simply choose to stop using it at any time but remain liable for any fees or charges outstanding.

OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

We accept liability for death or personal injury caused by our negligence or that of our direct employees but not by any contractor or driver or agent.. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees. You have certain rights under the law. These include that we will provide CabFare to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights you can contact the Australian Competition and Consumer Commission.

If we breach these Terms, We shall only be liable for losses that are a reasonably foreseeable consequence of such a breach, up to a maximum of $1,000. “Foreseeable” means that you and we reasonably could have contemplated the losses at the time of entering into these Terms.

We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any passengers; (iii) the actions or inactions of other drivers; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; or (v) failure to provide CabFare or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure by our telecommunications provider or card payment acquirer).

We are NOT an operator of Taxi or Limousine services. Expressly CabFare and its employees are NOT liable for items or possessions lost or left in a taxi or limousine.  We will facilitate you making contact with the relevant network, operator or driver who may be able to assist in the recovery of lost items.  As a passenger you are at all times responsible for securing your possessions whilst travelling in a taxi or limousine.

IN VEHICLE PROMOTION VOUCHERS AND FARE CREDITS

  1. These terms and conditions apply to the promotions operated by CabFare within Taxis and Limousines using the CabFare application.

  2. CabFare promotion vouchers and fare credits are offered to all CabFare passengers to redeem when payments are made via the CabFare App.

  3. Cash fares, or payments made on an EFTPOS terminal are NOT eligible for a promotion vouchers and fare credit.

  4. The promotion vouchers and fare credit is valid for one ride only and will be subtracted from the total value of the fare of the customer’s next ride where it is paid via the CabFare app.

  5. The Taxi or Limousine fare eligible for the promotion voucher or fare credit MUST be equal to or greater than the promotion voucher or fare credit. Fares under the value of the promotion voucher or fare Credit will use the entire credit and no change will be given.

Current Promotions

$5 off promotion only available if the following conditions are met:

(i) download occurs during the trip the offer is made;

(ii) rider downloads the app for the first time;

(iii) rider is one of the first 100 people to accept; and

(iv) rider is 18+

(v) trip is in a CabFare enabled Taxi in the Greater Boston region.

Offer only paid to the person paying for the trip and is redeemable at time of payment.

COMPETITIONS

Please read our full Competition Rules page that we publish from time to time before entering into any CabFare competition. CabFare posts the details of all competitions on our blog where the closing date is specified. To enter any CabFare competition you must be: (a) An Australian resident; and (b) 18 years old or over at the time of entry. No purchases are necessary. Competitions are not open to employees (or members of their immediate families) of CabFare.

GENERAL

  1. We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out above, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

  2. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

  3. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

  4. These Terms are not intended to give rights to anyone except you and us.

  5. We are constantly looking for ways to improve and expand CabFare. We may amend these Terms from time to time in order to reflect changes to CabFare in which case we will give you reasonable notice by email of any changes to these Terms. You can terminate at any time as set out above.

  6. We will do our best to resolve any disputes over these Terms. If you wish to take proceedings against us you must do so within the Arbitration terms set out Section C of this Agreement.

  7. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the State of Victoria.The laws of the State of Victoria or the Commonwealth of Australia shall apply.

SECTION C BOTH DRIVERS AND PASSENGERS

THIS SECTION APPLIES TO BOTH DRIVES AND PASSENGERS USING THE CABFARE APPLICATION

End User License and Copyright Policy:

For the purpose of this User Term, the following definitions apply:

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“CabFare Content” means Content owned or used by CabFare, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party.
“User” means a person who accesses or uses the Service or Application.

No Rights to Copy:

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or CabFare Content, except as expressly permitted in these User Terms. You may not reuse any CabFare Content without first obtaining the written consent of CabFare.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CabFare or its licensors, except for the licenses and rights expressly granted in these User Terms.

Intellectual Property Ownership:

CabFare alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by CabFare and no right or license is granted to use them.

Non- Exclusive and Non-Transferrable Application License and Your Limitations

Subject to your compliance with these User Terms, CabFare grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

In granting you a non-exclusive, non-transferrable license you may NOT:

  1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;

  2. Modify or make derivative works based upon the Service or Application;

  3. Create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;

  4. Reverse engineer or access the Application in order to:

    1. Design or build a competitive product or service,

    2. Design or build a product using similar ideas, features, functions or graphics of the Service or Application, or

    3. Copy any ideas, features, functions or graphics of the Service or Application.

  5. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

  6. Enter into any agreement or understanding with a third party which has the effect or intent of bypassing your undertakings with respect to this license which enables a third party to:

    1. Design or build a competitive product or service,

    2. Design or build a product using similar ideas, features, functions or graphics of the Service or Application, or

    3. Copy any ideas, features, functions or graphics of the Service or Application,

Any breach of these application license conditions will trigger an immediate termination event and CabFare reserves its rights to recover from you, any associated party or recipient of material generated in breach of by you of these conditions of the non-exclusive, non-transferrable license any consequential commercial loss or damage CabFare suffers to the fullest extent possible under the law.

Apple App Store Sourced Application Provisions:

With respect to any Application accessed through or downloaded from the Apple App Store (“Application”), you will use the Application only:

  1. On an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and

  2. As permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. CabFare reserves all rights in and to the Application not expressly granted to you under these User Terms.

  3. You acknowledge and that

    1. These User Terms are valid between you and CabFare only, and not Apple,

    2. CabFare, not Apple, is solely responsible for the App Store Sourced Application and content.

    3. Your use of the Application must comply with the App Store Terms of Service.

    4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

    5. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. As between CabFare and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CabFare.

  4. You and CabFare acknowledge that, as between CabFare and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:

    1. product liability claims;

    2. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and

    3. claims arising under consumer protection or similar legislation.

  5. You and CabFare acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between CabFare and Apple, CabFare, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

  6. You and CabFare acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

  7. Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Cabfare on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against CabFare, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against CabFare by someone else.

Agreement to Binding Arbitration Between You and CabFare.

You and CabFare agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and CabFare, and not in a court of law.

You acknowledge and agree that you and CabFare are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and CabFare otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and CabFare each retain 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 party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Victoria in the Commonwealth of Australia..

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and CabFare otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CabFare submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. CabFare will not seek, and hereby waives all rights CabFare may have under applicable law to recover, attorneys’ fees and expenses if CabFare prevails in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, CabFare will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if CabFare changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing CabFare written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, CabFare Technologies Inc or (b) by email from the email address associated with your Account to enquiries@cabfare.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and CabFare in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

The failure of CabFare to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CabFare.

Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties

Location and Tracking Services

The App requires you to enable Location Services on your smartphone device. This enables the app to provide you with the details of your journey and route.  Accordingly the App and the Smartphone are tracking the movement of yourself and the vehicle in which you are travelling but only whilst you are located within the vehicle.  By enabling location services following installation of the CabFare App you consent to this occurring.  You may revoke this consent at any time by removing the App from your smartphone device.

CabFare does store geolocation data relating to your use of the app but does not share this data with third parties unless required to do so by law.

Cellular Data Charges resulting from use of the Application are your responsibility.

You acknowledge and accept that use of the Application and accessing Content via the CabFare App will require access to a cellular/mobile network.  Use of the App will require your mobile device to download mobile data that may incur charges from, and form part of, your cellular/mobile network provider’s data allowance to you as part of your agreement with your cellular/mobile network provider.  In installing and accepting these Terms and Conditions you acknowledge that you are solely responsible for meeting all data charges and costs incurred by you with your cellular/mobile network provider as a result of using of the CabFare Application.

Social Media Community Guidelines

Last updated 12 July 2017.

CabFare Technologies Inc (CabFare) provides opportunities through this website and various social media channels to listen, inform and engage with the community on issues relating to the Taxi and Limousine Industries and the Card Payment Industry.

CabFare currently uses the following social media channels:

www.facebook.com/CabFare
www.twitter.com/CabFare

www.instagram.com/cabfareapp/

These channels are actively monitored and updated by CabFare during normal business hours (9am to 5pm) between Monday and Friday. CabFare may change the format of social media engagement at any point, including by content, (partially or in its entirety) and by removing any or all social media platforms from public view.

We welcome your participation via our social media channels. However, to ensure they are used constructively and for the good of the community, we ask that you follow the guidelines below when contributing to any of our social media channels. We will discover in these forums not only issues we disagree about, but also areas where we do agree and can work together.  So please, when contributing:

Be courteous

  • Do not abuse, harass or threaten others.

  • Do not make sexist, racist, defamatory or libellous comments.

  • Do not make personal comments towards or about any other contributor.

  • Be mindful of the terminology you may use and how others may perceive your comments.

Be responsible

  • Do protect your personal privacy by not including your personal information.

  • Do represent your own views and not impersonate or falsely represent any other person.

  • Do not post material that infringes the intellectual property rights of others.

  • Do not comment on the personal information of other person.

Be relevant

  • Do post material to the forum that is relevant to the issues being discussed.

  • Do not promote commercial interests in your posts.

  • Do not intentionally use information in an attempt to mislead other contributors.

  • Do not use any of CabFare’s social media platforms to cross promote events, businesses or any other entities.

At CabFare we reserve the right to:

  • Guide discussions based on CabFare’s needs and to delete or remove from public view any posts that are ‘off-topic’ or detract from discussions directly at hand.

  • Delete or remove from view content that does not comply with these guidelines, or that we judge, in our sole discretion, to be obscene, offensive, racist, sexist, defamatory or libellous or rude.

  • Block posts from people or other entities that violate these guidelines.

However, we do not edit posts.

Finally only CabFare’s Managing Director and the General Manager Strategy and Regulation are authorised to speak on behalf of CabFare and CabFare does not endorse other contributions. Posts from CabFare’s avatar are by CabFare staff.

We reserve the right to change these guidelines at any time. If you have any questions,

please contact us.