Anti-Fraud Policy

This Anti-Fraud Policy (“this Policy”) is intended to serve as a guide to users of the TaTa app and platform (“TaTa App”). It provides examples of the types of events that may be considered to be fraudulent and/or dishonest behaviour and provides guidance as to how such complaints or investigations may be addressed.

We treat all complaints or investigations of fraudulent or dishonest activity seriously and will take appropriate steps to address such complaints.

This Policy serves as a service standard to protect TaTa’s reputation, for the mutual benefit of both TaTa and its community.

Please be aware that the actions proposed in this Policy are for reference only. TaTa may, in its sole discretion, propose any other actions that are consistent with TaTa’s culture and policies, and reasonable in the circumstances. 

In this Policy, a fraud case means a scenario where TaTa has determined that a driver, passenger and person who require delivery of packages (User) has engaged in dishonest or fraudulent conduct. Please be aware that this Policy is not intended to provide an exhaustive list of all fraudulent events.

Drivers should also be familiar with TaTa’s Driver Suspension and Disqualification Policy, Complaint Handling Policy and any terms and conditions applicable to any promotion. Passengers should also be familiar with the Delivery Rules and any applicable terms and conditions for any promotion

1. Where a Trip is unpaid due to payment failure (e.g. insufficient funds, invalid cards, payment blocked by bank, etc.), payment to the driver will be suspended and the matter will be investigated by TaTa. Following the investigation:

(a)     If the matter is found to be a fraud case, TaTa will not take any further steps to seek payment from the passenger or User on the driver’s behalf and will not provide any payment to the driver.

(b)     If the driver is not at fault, payment will be sought from the passenger or User and will be provided to the driver if the payment is received from the passenger or User. 

(c)      TaTa or its Affiliates may contract a third party, such as a debt/credit collection agency or other relevant authorities, for the collection of any unpaid fees in respect of TaTa’s transportation or other services including the assignment of debt to any such third party. TaTa may also disclose your credit information and credit related personal information to credit reporting bodies as permitted under the Privacy Act 1988 and the Privacy (Credit Reporting) Code in Australia. 

2. Where a Trip is paid but such Trip triggers TaTa’s anti-fraud system and is flagged for investigation (e.g. detected trip manipulation by one person creating dummy passenger/User/driver accounts, completing trip with related driver and passenger/User accounts, completing falsified trips, using third-party software or services to disrupt or manipulate the TaTa’s system, etc.), Payment to the driver will be suspended and the matter will be investigated by TaTa. Following the investigation:

(a)     Where the matter is found to be a fraud case, TaTa will return the payment to the passenger/User on the driver’s behalf and will not provide any payment to the driver.

(b)     If the driver is not at fault, the payment will be provided to the driver.

3. Where a Trip is unpaid but it triggers TaTa’s anti-fraud system and/or is flagged for investigation (e.g. detected trip manipulation by one person creating dummy passenger/User/driver accounts, completing trip with related driver and passenger/User accounts, completing falsified trips, using third-party software or services to disrupt or manipulates the TaTa system, etc.), Payment to the driver will be suspended and the matter will be investigated by TaTa. Following the investigation:

(a)     If the matter is found to be a fraud case, TaTa will not take any further steps to seek payment from the passenger or User on the driver’s behalf and will not provide any payment to the driver.

(b)     If the driver is not at fault, payment will be sought from the passenger or User and will be provided to the driver if the payment is received from the passenger or User.

4. Where a Trip is paid with a stolen credit card, Payment to the driver will be suspended and the matter will be investigated by TaTa. Following the investigation:

(a)     If matter is found to be a fraud case, TaTa will return the payment to the cardholder and will not provide any payment to the driver.

(b)     TaTa may seek payment from the passenger or User if the passenger or User is at fault. TaTa may, in its own discretion, suspend the passenger’s or User’s account or do any other act that is appropriate in the circumstances.

5. Where a Trip is paid but the system detects that the driver has deliberately increased the time or distance of the trip (and was not directed to do so by the passenger or User), Payment to the driver will be suspended and the matter will be investigated by TaTa. Following the investigation:

(a)     If the driver is found to have deliberately taken a longer or an incorrect route, TaTa will (a) provide the driver with a payment based on the original estimated fare; and (b) refund the difference to the passenger or User.

(b)     If the driver is not at fault, the full payment paid by the passenger or User will be provided to the driver.

6. Where a Driver completes a trip without picking up the passenger or packages to be delivered, TaTa will return the payment to the passenger or User and will not provide any payment to the driver.

7. Where a Trip is paid but the driver started a trip before picking up the passenger or packages to be delivered, or delayed ending a trip after dropping off the passenger or packages, Payment to the driver will be suspended and the matter will be investigated by TaTa. Following the investigation:

(a)     If the matter is found to be a fraud case, TaTa will: 

(i) provide the driver with a payment based on the original estimated fare; and 

(ii) refund the difference to the passenger or User.

(b)     If the driver is not at fault, the full payment paid by the passenger or User will be provided to the driver.

8. Where a Cancellation fee is disputed, the cancellation fee payment will be suspended and the matter will be investigated by TaTa. Following the investigation:

(a)     If TaTa finds that the passenger was provoked by the driver to cancel the request (e.g. driver messages or calls a rider to cancel, driver deliberately delays pick up by driving away from the passenger’s location, or the driver stays at the same spot for an extended period of time), TaTa will refund the cancellation fee to the passenger and will not provide any payment to the driver. TaTa will, in making a decision, consider a driver’s cancellation history and any other factors it deems relevant.

(b)     If the driver is not at fault, the cancellation fee will be provided to the driver.

9. Where TaTa’s anti-fraud system detects that promotion or rewards have been obtained by unfair, deceptive, fraudulent or dishonest means (e.g. detected trip manipulation by one person creating dummy passenger/User/driver accounts, completing trip with related driver and passenger/User accounts, completing falsified trips, using third-party software or services to disrupt or manipulates the TaTa system, etc) TaTa will investigate the matter. Following the investigation:

(a)     If the matter is found to be a fraud case, TaTa will decline any promotion or rewards that would have been available to the driver/passenger/User but for this matter.

(b)     If the driver/rider is not at fault, TaTa will provide the available and applicable rewards to the driver/passenger/User.

This Anti-Fraud Policy may be updated from time to time by TaTa.

Complaint Handling Policy

This Complaint Handling Policy (“this Policy”) is intended to serve as a guide to users of the TaTa app and platform (TaTa App) regarding handling of complaints.

  1. About this policy

1.1 This Policy sets out our approach to managing complaints we receive in relation to the TaTa App. We are committed to treating complaints seriously and dealing with them promptly, fairly, genuinely and with respect for drivers and passengers. This Policy is intended to help to maintain a service standard and protect TaTa’s reputation, for the mutual benefit of both TaTa and all drivers, passengers and Users. 

1.2 TaTa may from time to time revise and update this Policy. This Policy is published on our website and is available in our mobile applications. We encourage you to review this Policy regularly to ensure you are familiar with the current version. 

2. Objective of the policy

2.1 We value our community and are committed to resolving complaints confidentially and as efficiently as possible. We also value feedback and complaints because they assist us to improve the TaTa App and the services provided by drivers.

2.2 This Policy aims to:

(a) manage complaints efficiently, fairly and with respect for privacy; and

(b) create a culture of learning from complaints that assists TaTa to improve the TaTa App, and assists drivers to improve the services that they provide through it.

3. Safety of passengers 

3.1 Passenger safety is our priority. If you are a passenger and consider that there is an imminent threat to your safety or witness a breach of any law, regulation or rule, please contact the police and/or emergency medical services (as appropriate).

4. Our commitment 

4.1 We are grateful if you take the time to let us know how you are feeling about your experience using the TaTa App. We take pride in our customer service and welcome feedback and the chance to improve. We know that there is the chance that things can go wrong but if you take the time to contact us about a complaint that you have, our aim is to manage and resolve your complaint efficiently, effectively, with respect and whilst maintaining your privacy in accordance with legal requirements.

5. How we meet our commitment 

5.1 We will provide sufficient resources, including appropriately trained, qualified and supervised personnel, to enable us to manage complaints efficiently and effectively through documented systems and work procedures.

5.2 We will address each complaint in an independent, objective and unbiased manner, with a view to a fair and reasonable outcome while at all times respecting privacy.

5.3 We will provide an easily accessible complaints process and we will respond quickly to complaints in a professional, courteous and fair manner, aiming to resolve concerns as soon as possible.

5.4 We will keep users informed on the progress of their complaint until the matter is resolved.

5.5 We will record, monitor and review complaints in order to help identify any steps we can take for proactive improvement of the Taxi App and the services provided by drivers through it. 

5.6 We will review this Policy regularly to ensure it meets drivers’, passengers’ and Users’ needs.

6. Complaints process

6.1 If you have feedback or a complaint about your experience using the TaTa App, please contact by filling the enquiry form on the website or send an email to Admin@tataride.com.au.

6.2 We seek to acknowledge and resolve all complaints as promptly as possible. We will acknowledge your complaint within 7 business days.

6.3 We assess each complaint received to determine the most appropriate response and prioritise addressing complaints that we consider require urgent action.

6.4 Where possible, complaints will be resolved at the first point of contact. If we are unable to resolve your complaint immediately, we will provide you with a contact person and an estimated timeframe for resolving your complaint. We seek to resolve a majority of complaints within 14 business days after receiving it. However, for more complex complaints we will contact you to explain why the investigation requires more time to be resolved. We will keep a record of the investigation and the relevant circumstances and information surrounding your complaint.

6.5 At the conclusion of our investigation, we will contact you to explain our investigation and any responsive actions we have taken or intend to take. If we contact you by telephone, you may request a written summary of our investigation and our response during that discussion. If you are satisfied with our investigation and response, we will note your complaint as being resolved and close it in our system.

6.6 While we use our best endeavours to resolve all complaints directly, if we cannot resolve the complaint to your satisfaction after prudent escalation within our business, you may choose to make a complaint to a relevant industry regulator in your jurisdiction.

Passenger Software Use and Licence Agreement

This Software Use and Licence Agreement (“Agreement”) governs the access and use by rider account holders of the TaTa app and associated platform of TaTa (individually and collectively (as applicable) TaTa). The TaTa rider app and platform (TaTa App) enables the provision of point-to-point transportation and related services requested by passengers (Services). By accessing or using the TaTa App, you confirm that you have read, understood and agree to be bound by this Agreement and comply with all applicable laws and regulations.

In this Agreement “rider”, “passenger”, “account holder“, “user“, “you“, “your” and “yours” refer to the person using the TaTa App and “we“, “us” and “our” refer to TaTa.

If you do not agree with this Agreement you must not access or use the TaTa App.

1. General

1.1 The following terms and conditions are applicable to all users of the TaTa App. We may make changes to this Agreement from time to time. The amended Agreement and terms and conditions will apply automatically from the time when they are made available or published on our website and/or the Tata App. We encourage you to check our website and the TaTa App from time to time to keep yourself updated on any changes to the terms of this Agreement. If you do not agree to the amended Agreement, you must stop using the TaTa App.

1.2 The Passenger Agreement and other terms and conditions apply between you and TaTa and can be accessed within the TaTa App.

2. Ownership and Intellectual Property

2.1 TaTa and its related entities has intellectual property rights in the content distributed by it alone or together with its related entities, including, without limitation, the TaTa App and any software used or provided and such intellectual property rights are protected by applicable laws.

2.2 By accessing the TaTa App you are granted a limited, revocable, royalty free, non-exclusive, non-transferable and non-sublicensable licence to use the TaTa App for your personal use in accordance with this Agreement. You acknowledge that other than the express licence granted to you in this Agreement, you obtain no other rights, implied or otherwise, in respect of the TaTa App.

2.3 All trademarks, copyrights, database rights and other intellectual property rights related to it, remain the property of TaTa or its related entities at all times.

2.4 You undertake not to:

(a) use the TaTa App for any unlawful or fraudulent purpose, including to falsely misrepresent yourself or impersonate another user;

(b) copy, or modify the TaTa App, any part of the TaTa App, or our trademarks or intellectual property in any way;

(c) extract or attempt to extract the source code of the TaTa App;

(d) translate or attempt to translate the TaTa App into other languages, or make derivative versions;

(e) use any information available through the TaTa App that could compromise the enjoyment or security of any third party;

(f) provide inaccurate, defamatory or offensive feedback;

(g) stalk or harass any individual through the TaTa App;

(h) use automated scripts to collect information from or otherwise interact with the TaTa App;

(i) access data of which you are not an intended recipient or log into a server or account on a network related to the TaTa App that you are not expressly authorised to access; or

(j) allow any other person to use your account or any other third party to do any of these things.

2.5 No person shall use any content of the TaTa App in any manner outside the scope of this Agreement without the written consent of TaTa.

3. Limitation of Liability:

3.1 The TaTa App is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, TaTa gives no warranties as to the availability, performance or reliability of the TaTa App at any time. To the fullest extent permitted by law, the TaTa App is provided without warranty of any kind.

3.2 If you choose to use the TaTa App, you do so at your sole risk.

3.3 You are responsible for making all arrangements necessary for you to access the TaTa App. You are responsible for all activities that take place on the TaTa App in your name or through your internet connection, even if you comply with this Agreement and do not participate in or condone the activity.

3.4 You are liable for any costs charged by your mobile data or internet service provider, including any data connection costs charged in connection with your download or use of the TaTa App.

3.5 You acknowledge that we have the right at our sole discretion to suspend or terminate your licence to use the TaTa App for breach of this Agreement or for any other reason if we consider it appropriate to do so.

3.6  TaTa ensures that it uses the best possible technology to enable the best user experience. However, except when provided for under this Agreement or in supplementary terms and conditions, TaTa is not liable for:

(a) any error or non-performance of the TaTa App arising from your use of the TaTa App;

(b) any error in the performance of the TaTa App arising from a failure in or unavailability of the data connection;

(c) any malfunction of the TaTa App;

(d) any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program or technological interference;

(e) any unavailability of the TaTa App;

(f) the accuracy, completeness, adequacy and reliability of the information and content contained on the TaTa App;

(g) any delay, difficulty or inability to download or access the TaTa App or related content for any reason;

(h) any other communication or other system failure; or

(i) any failure of the TaTa App or any other non-performance to the extent that failure or non-performance arises from any force majeure event.

If the TaTa App is not available for any reason, TaTa will use reasonable endeavours to notify you and resolve the issue as soon as possible.

3.7 We shall have no responsibility for any personal or financial losses, costs, expenses or liabilities of whatever nature and however arising which result from the use of the TaTa App, unless we are required to by law or such losses, costs, expenses or liabilities arise as a direct result of any wilful default, fraud, or dishonesty on our part.

3.8 If you are a consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law. If we fail to comply with those consumer guarantees, then you may have rights against us under the Consumer Legislation that we are prohibited by law from excluding, restricting or modifying. However, where any goods (if any) or services supplied under this Agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of any consumer guarantee applicable to our supply of those goods or, if applicable, services under the Consumer Legislation, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:

(a) the supply of equivalent goods or services again; and

(b) the payment of the cost of acquiring equivalent goods or having the services supplied again.

3.9 To the extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with your use of the TaTa App or in relation to the provision of Services to you will be limited to Five Hundred ($500) Australian dollars.

4. Suspension or Cancellation of Licence

4.1 We may, in our discretion and without liability to you, with or without cause, with or without prior notice or explanation and at any time, decide to limit, suspend, deactivate or cancel your licence granted under this Agreement either temporarily or permanently if we cease to operate in Australia or if we consider you have breached this Agreement, any other agreement you have with TaTa or any terms and conditions applicable to you. We will endeavour to provide you with a reason if we suspend or deactivate your account.

5. Governing Law and Jurisdiction

5.1 By accessing the TaTa App to use the services provided by TaTa or cooperative service providers, you agree that such access or services shall be governed by the laws of Australia. If any of the terms in this Agreement is invalid or unenforceable, they can be severed without affecting the enforceability of the other terms in any way.

5.2 If you have a dispute under the terms of this Agreement you should first contact us and inform us of the basis of your dispute. We will endeavour to resolve the dispute by negotiation with you. If we cannot settle the dispute then you agree that you will use best endeavours to agree an appropriate dispute resolution process with us. This does not limit our rights under this Agreement, including to limit, suspend, deactivate or cancel your licence granted under this Agreement. We reserve the right to seek injunctive or other equitable relief.

Passenger Agreement

The terms contained in this Passenger Agreement (“Terms”) detail the agreement between you and TaTa (individually and collectively (as applicable) governing your use of the TaTa Rider App and platform (Rider App) which facilitates the provision of point to point transportation services (Transportation Services or the Services) requested by you via the Rider App.

In these Terms, “Passenger“, “you“, “your” and “yours” refer to the person using the Rider App and “we“, “us” and “our” refer to TaTa.

In order to access the Rider App and receive Services you must register as a Passenger. By registering as a Passenger you confirm your acceptance of these Terms and our Privacy Policy available at www.tatride.com.au and/or the Rider App. These Terms will come into effect on the date you register as a Passenger of the Rider App and is a binding legal agreement between you and us.

These Terms must be read together with all applicable documents including but not limited to TaTa’s Passenger Software Use and License Agreement, Complaint Handling Policy, Privacy Policy, Anti-Fraud Policy and Cancellation Policy.

Whilst you are required to comply with TaTa’s policies as amended from time to time, for the avoidance of doubt those policies themselves do not form part of these Terms nor do they constitute contractual terms and conditions with TaTa.

If you do not agree with these Terms you must not access or use the Rider App.

If you have any questions regarding these Terms, please contact us at Admin@tataride.com.au

1. PASSENGER REGISTRATION 

1.1 To be eligible to register on, and use, the Rider App you must:

(a) be over 18 years old and legally able to enter contracts;

(b) have a valid payment method; and

(c) agree to comply with these Terms and any requests TaTa to provide accurate and valid information relevant to your use of the Rider App.

1.2 You will be asked to allow TaTa various permissions in order for the Rider App to properly function. If you are using the IOS system, you may be asked words to the effect of “Allow TaTa to access photos, media and files on your device” and if you are using the Android system, you will be asked words to the effect of “Storage permission is required by TaTa including Read/Write/Delete External Storage”. You acknowledge and give the necessary permissions to TaTa including accessing your photos and files for the purpose of setting your profile picture and facilitating communication between you and the drivers through the Rider App.

1.3 You acknowledge and agree that TaTa will collect, hold, use and disclose any personal information you provide to TaTa, including credit related personal information, in accordance with our Privacy Policy.

1.4 You warrant that the information provided by you to us is true, accurate and complete and you acknowledge that TaTa reserves the right to verify your information.

1.5 TaTa reserves the right to refuse registration in its sole discretion.

2. OUR ROLE 

2.1 “Affiliates” refers to any company or entity controlled by, controlling, or under common control or in a partnership or joint venture with TaTa.

2.2 You acknowledge that TaTa (or any Affiliate) is not an owner or driver of vehicles or an employer of drivers. You also acknowledge that TaTa does not provide Services and is not a carrier or a common carrier. Unless explicitly specified otherwise, TaTa’s responsibilities are limited to:

(a) facilitating the use and making available the Rider App; and

(b) in the case of Services, serving as the limited payment collection agent of each driver for the purpose of accepting and processing payments from Passengers on behalf of the driver.

2.3 From time to time, TaTa may on behalf of the driver offer promotions or discounts to some or all Passengers that may have the effect of you paying the driver a lower amount than would otherwise have been the case.

3. YOUR OBLIGATIONS

3.1 You agree that when you use the Rider App you will:

(a) comply with all applicable laws, regulations and rules;

(b) comply with these Terms, including the Passenger Code of Conduct and any other Schedule or Attachment to these Terms;

(c) comply with our policies and procedures, including our Complaint Handling Policy, Privacy Policy and Anti-Fraud Policy;

(d) comply with any relevant terms and conditions applicable to your use of the Rider App including without limitation TaTa’s Passenger Software Use and License Agreement and any promotion or discount terms and conditions;

(e) not use it for any illegal, fraudulent, harmful purpose, or other purpose that is contrary to TaTa’s values.

(f) conduct yourself in an orderly and ethical manner and will not engage in behaviour which is inappropriate, disorderly, violent, aggressive, threatening or injurious to TaTa’s drivers including but not limited to getting drunk during the ride, vomiting, swearing at TaTa’s drivers, assaulting or threatening to assault TaTa’s drivers.

3.2. Driver are able to rate Passengers after every trip using a 5-star rating. Drivers are also able to report disorderly or unethical behaviour to TaTa.

3.3. You agree that where you do not comply with any of the clauses in 3.1 above, or you receive consistently low rating from drivers or a report of disorderly or unethical conduct and investigate the report, TaTa may suspend your use of its Services temporarily or permanently to protect its drivers. TaTa may also report conduct, which amounts to a crime to appropriate law enforcement authorities.

4. CHANGES TO TERMS

4.1 We may at any time, in our sole discretion, propose changes to these Terms including any and all of its Schedules and Attachments or any other document referenced in these Terms. These changes will apply automatically from the time that they are made available to you or published on our website.

4.2 If you do not agree to a proposed change, you may terminate these Terms by deleting your account immediately without penalty or notice to us in accordance with clause 14.3.

4.3 If you continue to use the Rider App after any change to these Terms has been made available to you or published on our website, or you otherwise indicate acceptance to us of any change to these Terms, you will be taken to have accepted such change from the date of your first use or acceptance.

5. PRODUCT OFFERINGS

5.1 When using the Rider App, you may have access to multiple product offerings from us in relation to Services that we may offer to you from time to time.

6. CANCELLATIONS

6.1 You may cancel a booking request before the booking request is accepted by a driver without payment of a cancellation fee.

6.2 A cancellation fee may be payable by you if you cancel an accepted booking request in such circumstances as outlined in the Cancellation Policy.

7. COMMUNICATIONS 

7.1 The Rider App allows you to contact a driver who has accepted your booking service request via call or message anonymously to facilitate the provision of Services. You acknowledge and agree that to enable this functionality, you will be asked to allow TaTa to access to your media files. If you are using IOS system, you will be asked words to the effect of “Allow TaTa to access photos, media and files on your device” and if you are using Android system, you will be asked words to the effect of “Storage permission is required by TaTa including Read/Write/Delete External Storage”.

7.2 If you use this functionality, TaTa will record all communications (voice and text) made and received with drivers through the Rider App for safety, monitoring and quality assurance purposes, analytical purposes in order to improve our services and/or to investigate and deal with disputes and complaints. By using this functionality, you consent to TaTa recording and using these communications, in accordance with the provisions of our Privacy Policy.

8. REPORTING INAPPROPRIATE CONDUCT 

8.1 If you have a driver who you feel is acting or has acted inappropriately, including but not limited to:

(a) breaches of any applicable local, state or national law, regulation and/or rule;

(b) driving under the influence of alcohol or drugs;

(c) appearing in any way to be unfit to drive;

(d) stealing, theft or fraud;

(e) discriminating or acting in an inappropriate way; or

(f) engaging in threatening, abusive, offensive, violent or sexually inappropriate behaviour or any other similar conduct,

you should immediately report that person to the appropriate authorities and then to us by contacting our customer service team at Admin@tataride.com.au. Further information is available in our Complaint Handling Policy.

9. PAYMENT 

9.1 The use of the Services will result in charges to you for the price of the Services.  TaTa (or its Affiliates) will receive and/or enable your payment of the applicable charges for Services through your use of the Services. Charges may include other applicable fees, tolls and/or surcharges such as a booking fee, confirmation fee, municipal tolls, airport surcharges or processing fees for split payments.

9.2 The driver will charge you, and you will be liable to pay, the fare for Transportation Services provided to you for each booking request that is accepted by the driver (Service Fees).

9.3 The Service Fee for each trip will be the price quoted in the Rider App or calculated based on the applicable rates and charges made known to you in the Rider App at the time you make the booking request. The Service Fee may vary depending on various factors such as supply and demand, the distance or duration of the trip, if you alter the destination or request a driver to make a stop or other detour during the provision of Transportation Services, traffic conditions or if travel occurs on a tolled road. The Service Fee will also include any booking, service or administration fees payable.

9.4 After you have received the Services, TaTa or its Affiliates will enable payment and you agree to pay the Service Fee in accordance with these Terms. You authorise the collection of such amounts by charging the credit/debit card or other eligible payment methods provided as part of your registration, either directly by us or indirectly via a third-party online payment processor.

9.5 You understand and agree that TaTa (or its Affiliates), on behalf of the driver who provides Services to you, reserves the right, in its sole discretion, to:

(a) obtain a pre-authorisation via your eligible payment method for the Service Fee or any part of it;

(b) charge and refund your eligible payment method a nominal amount, to verify your payment method; and

(c) facilitate payment for the cost of replacement, repair or cleaning using your eligible payment method if:

(i) your driver suffers loss such as vehicle or property damage as a result of your breach of the Passenger Code of Conduct, or these Terms; or

(ii) another passenger suffers loss or property damage as a result of your breach of any of the Passenger Code of Conduct or these Terms.

9.6 We (or our Affiliates) act as the limited payment collection agent for drivers and except as provided under these Terms. Your payment for Services under these Terms is considered as payment made directly to the driver and you have no obligation or requirement to make any additional payment to a driver directly for Services.

General

9.7 TaTa (and its Affiliates) cannot control any fees that may be charged by your bank, credit/debit card company or payment method related to our collection of Service Fees and we disclaim all liability in this regard.

9.8 We will offer a refund in certain circumstances if we are required by law to offer you or provide you with a refund. In all other circumstances, refunds will be offered in our sole discretion.

9.9 If you fail to meet your payment obligations under these Terms, TaTa (or its Affiliates) may disclose such credit information and credit related personal information to credit reporting bodies as permitted under the Privacy Act 1988 and the Privacy (Credit Reporting) Code in Australia.

10. LIABILITY 

10.1 Subject to these Terms (particularly clause 10.10), the services provided by TaTa (or its Affiliates) are provided “as is” and “as available”. To the fullest extent permitted by applicable law, the Rider App and services provided by TaTa (or its Affiliates) are provided without warranty of any kind. We give no warranties as to the availability, performance, reliability or fitness for purpose of the Rider App at any time. Your access and use of the Rider App is at your own risk.

10.2 By using the Rider App you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other parties will be limited to a claim against those other parties who caused you harm. This includes any loss or damage to you, your property, or to anyone else that occurs in connection with your use of the Rider App and/or Services. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from TaTa (or its Affiliates) with respect to such actions or omissions.

10.3 You acknowledge and agree that TaTa (and its Affiliates) do not provide Services to Passengers. It is a technology-based company which operates technology applications and platforms, and provides the related support services, to enable independent providers of point-to-point transportation 

services to receive and fulfil requests for Services.

10.4 You acknowledge and agree that, by making a request for Services, you enter into an agreement for the provision of those services directly with the driver. Each request that you make gives effect to a separate agreement between you and the relevant driver. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from TaTa (or its Affiliates).

10.5 Subject to clause 10.10, TaTa and its Affiliates have no responsibility for any personal or financial losses (direct or indirect), costs, claims, damages, expenses or liabilities of whatever nature and however arising from these Terms, the use of the Rider App and our services.

10.6 You acknowledge that we have the right, in our sole discretion, to suspend or terminate your use of the Rider App for breach of these Terms or for any reason that we consider appropriate.

10.7 TaTa (and its Affiliates) will not be liable for any incidental, special, exemplary, punitive, indirect or consequential loss or damage arising out of these Terms, your use of our services or in relation to any Service booked through the Rider App including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of data, loss of goodwill, personal injury or property damage even if we have been advised of the possibility of such loss.

10.8 TaTa (and its Affiliates) have no responsibility for any personal or financial losses (direct or indirect), costs, expenses or liabilities of whatever nature and however arising which result from the use of the Rider App, unless we are required to by law or such losses, costs, expenses or liabilities arise as a direct result of any wilful default, fraud, or dishonesty on our part.

10.9 Despite clause 10.7 and 10.10, subject to your rights at law, you indemnify and will keep indemnified TaTa and its Affiliates against all loss or damage suffered or incurred by you arising from or in connection with your use of the Rider App and/or our services or in relation to any Service you book through the Rider App.

10.10 Subject to clause 10.11, nothing in these Terms excludes or limits rights you have under the Australian Consumer Law. If you are a consumer (as defined by the Consumer Legislation), certain goods and services provided to you under these Terms may come with certain consumer guarantees. If we fail to comply with those consumer guarantees, you may have rights against us which we are prohibited by law from excluding, restricting or modifying. Our liability for breach of any consumer guarantee applicable to our supply of goods or services, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:

(a) the supply of equivalent goods or services again; and

(b) the payment of the cost of acquiring equivalent goods or having the services supplied again.

10.11 Except for our obligations to pay any amount to you under these Terms, and to the extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with your use of the Rider App or in relation to the provision of Services to you will be limited to five hundred ($500) Australian dollars.

10.12 Without in any way limiting any other provision of these Terms, to the maximum extent permitted by applicable law, neither TaTa nor any of its Affiliates assume any liability or responsibility for any:

(a) personal injury (including death) or property damage, of any nature whatsoever, in connection with the performance of the Services or the access to or use of Rider App;

(b) errors, mistakes or inaccuracies of the Rider App;

(c) interruption or cessation of transmission to or from the Rider App;

(d) errors or omissions in any content or loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Rider App

(e) bugs, viruses, trojan horses or the like that may be transmitted to or through the Rider App by any third party; or

(f) unauthorized access to or use of TaTa’s or any Affiliates or service providers’ secure servers and/or any and all personal information stored therein by any third party.

11. SYSTEM REQUIREMENTS

11.1 To use the Rider App you must have any relevant hardware and software, and an internet data connection with location services activated. We make no representation that the Rider App will operate on all mobile devices, uninterrupted or error-free.

11.2 You are responsible for making all arrangements necessary for you to have access to the Rider App, Services and our services. You are responsible for all activity that takes place on the Rider App in your name or through your internet connection.

11.3 You may at times be required to download updates to or new versions of the Rider App when these are made available to continue using the Rider App.

12. INTELLECTUAL PROPERTY 

12.1 TaTa and its Affiliates own all intellectual property rights in the Rider App and all content distributed by it alone or together with its Affiliates or partners, including, without limitation, software provided and related products or services, and such intellectual property rights are protected by law. The absence of a statement of ownership in the Rider App and certain content does not constitute a failure of TaTa or any of its Affiliates or partners to be entitled to such intellectual property rights or assert any intellectual property rights, and you must respect the legitimate rights and interests of the rights holder and lawfully use the Rider App and such content in accordance with these Terms, all laws, regulations and rules, and the principles of good faith.

13. LINKS TO OTHER WEBSITES 

13.1 The Rider App may contain links to websites or web addresses of third parties and third-party services. While TaTa takes appropriate care in publishing links to any third-party services, you must, at your own discretion, decide whether or not to access such links or accept such services. To the fullest extent permitted by applicable law, TaTa gives no undertakings or warranties with respect to the accuracy, completeness, adequacy and reliability of any information, data, opinions, pictures, statements or suggestions provided by such links. To the fullest extent permitted by applicable law, TaTa does not have control over or assume any liability for third-party websites, their content or their data use and retention policies or practices.

14. TERM

14.1 These Terms will commence on the date they are accepted by you (electronically or otherwise) and will continue until terminated by you or TaTa.

14.2 Subject to applicable law, we may terminate these Terms at any time, in our sole discretion, for any reason whatsoever, including but not limited to a breach of any of these Terms. Termination will be effective immediately, at which time you will be prohibited from using the Rider App.

14.3 You may terminate these Terms at any time by permanently deleting your user account and deleting the Rider App. If you terminate these Terms, you will not be able to use the Rider App or access Services.

14.4 If you terminate these Terms in accordance with clause 14.3, TaTa will retain your personal information and account data for record-keeping purposes in accordance with our Privacy Policy.

14.5 Termination of these Terms for any cause shall not release a party from any liability which at the time of termination has already accrued to such party or which thereafter may accrue in respect of any act or omission prior to such termination.

15. FORCE MAJEURE

15.1 In the case of a force majeure event, where TaTa is the affected party it may temporarily suspend the performance of its obligations under these Terms until the effect of such force majeure event ceases and will bear no liability; provided, however, that it must use reasonable efforts to resolve such event. Force majeure means any unforeseeable or unavoidable (even if foreseeable) event beyond the control of the parties which prevents, affects or delays a party’s performance of all or part of its obligations under these Terms. Such events include but are not limited to those caused by acts of God, war, changes in policies, pandemics, epidemics, computer viruses, hacker attacks or suspension of services provided by telecommunication agencies.

16. GENERAL TERMS 

16.1 You may not assign any agreement with us or these Terms without our prior written consent.

16.2 Supplemental terms may apply to certain Services. Such supplemental terms will be disclosed when Services to which they apply are offered. Supplemental terms are additional to these Terms.

16.3 We may give a notice under these Terms by posting a general notice on our website and/or the Rider App or by sending an email or text message to the email address or mobile phone number registered with your account.

16.4 If any term in these Terms is invalid or unenforceable, they will be severed without affecting the enforceability of any other terms in any way.

16.5 Subject to these Terms, the failure or delay by a party to enforce any term of these Terms will not be deemed a waiver of such term.

16.6 These Terms shall be binding on and shall inure to the benefit of the successors and permitted assigns and personal representatives (as the case may be) of each of the parties.

16.7 Save for as set out, no remedy conferred by these Terms is intended to be exclusive of any other remedy that is otherwise available under any law.

16.8 These Terms are governed by the laws of Australia.

17. COMPLAINTS & DISPUTES

17.1 If you have any comments, feedback or a complaint regarding the Rider App, our services, the Services or a driver, please contact us by emailing our customer service team at Admin@tataride.com.au.

17.2 You understand and agree that any complaint or dispute in relation to a Service Fee and/or Fare must be filed within twenty-one (21) days of the transaction. You acknowledge and accept that any complaint or dispute filed outside this timeframe will not be considered by TaTa.

Privacy Policy

TaTa respects the privacy of our users (“user” or “you”). Australian Laws and Principles on Digital Privacy govern our TaTa App and Website.

To provide users of the TaTa driver app and platform (“Drivers”) and users of the TaTa passenger app and platform (Passengers) (such apps individually and collectively (as applicable) known as “TaTa App”) with our point-to-point transportation, we need to collect and use personal information about you. We may not be able to provide you with the services you are seeking if you do not provide all of the information we request. Where you have provided TaTa with any third-party information including personal information, you warrant that you have the consent of this third party in disclosing his/her/their information to us.

We may disclose this information to other parties (who may be located overseas, including in the countries set out in the Privacy Policy), including related bodies corporate and affiliated organisations, third party service providers and external agencies as described in our Privacy Policy. We may also use your personal information for direct marketing purposes with your consent, which you may withdraw at any time. Our Privacy Policy explains what information we collect and how we collect and hold it, how we use that information and who we disclose that information to, how to access the information we collect about you and how to correct it, how to make a privacy complaint and how we deal with such complaints.

‘Personal information’ refers to information concerning an ascertained person, or a person who is reasonably ascertainable.

1. INTRODUCTION 

This Privacy Policy elucidates the method through which we gather, utilize, disclose, and protect your information whenever you access the TaTa App or website in accordance with the relevant Privacy Principles contained in the Australian Privacy Act 1988. It also explains how you can request access to and correction of the information, how to make a privacy complaint and how the complaint will be dealt with and how to opt out of receiving direct marketing communications.

This policy applies to any users of the services provided by TaTa, and to anyone else who contacts TaTa or otherwise submits information to TaTa.

2. HOW AND WHY WE COLLECT YOUR PERSONAL INFORMATION 

We primarily collects personal information about you to enable us to provide booking services and facilitate the provision of passenger transportation services, inform you of different product offerings and in order to comply with our legal and regulatory obligations.

3. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU 

The type of personal information we collect will depend on who you are and in what capacity you are dealing with us, such as whether you are a Driver, Passenger or someone else.

We collect information about you that is made up of the information you provide to us including when you create either a Passenger or Driver account with TaTa, the information that relates to your use of our services and information from other sources such as TaTa business partners and related entities. This personal information is required in order for TaTa to provide services to you. This includes:

 (a) your personal information in relation to your account such as your name, age, gender, address, email address(es) and mobile contact number. We may collect the name, location, phone number and other information about third parties related to your or their use of our services if you provide that information to us. We may also collect the name and telephone number of your emergency contact. By providing this information about third parties and/or your emergency contact, you warrant that they consent to us collecting, holding and using their information;

(b) if you are registering as a Driver, we will collect additional information about you (such as passport and driver license) to verify your identify and establish your suitability as a Driver and to conduct appropriate criminal history and background checks (which may be conducted either directly or by a vendor on our behalf) and/or any other information where required or permitted by law to establish your suitability as a Driver such as any accreditation or approval required in the relevant jurisdiction.

 (c) if you are a Driver, you consent to us collecting facial recognition data which we will use to verify your identity and readiness to use the TaTa App each time you accept a booking to provide transportation services which have been booked through TaTa;

(d) details relating to when and where you request our services and the details of any goods or services received by you related to our services, including your geographical location information (which may be calculated from information collected in (e) of this section below), departure and destination information, trip duration and distance travelled;

(e) details of the device on which the TaTa App has been installed or accessed on, which may include your operating system and versions, unique device identifiers, serial numbers, mobile network and Wi-Fi information;

(f) recordings of voice commands provided when using the TaTa App, which may be stored and used for analytical purposes to improve the accuracy of our voice recognition functionality;

(g) details about your preferences, your experiences related to our services and/or other user generated content, including information relating to you from other individuals, such as ratings, complaints, compliments or comments about you;

(h) personal information collected and held via financial or third party payment systems about the payment mechanism or method that you might use (including credit card details) and the payments you may make for our services or other goods or services you request or receive that are related to the services we provide;

(i) your connection to other individuals whose personal information we may collect or hold, for example family members or referrals;

(j) details about your participation in any loyalty programs linked or available through TaTa or any business partner or affiliate;

(k) if you use social media to interact with us or other services provided by third parties through the TaTa App, any information that you allow the social media platform and/or the other third party site to share with us;

(l) any address that you may use, including that of pick up and drop off locations for passenger services;

(m) where applicable and reasonably necessary, your health information in connection with coronavirus (COVID-19), including COVID-19 medical test results and you agree to provide us with this information as soon as reasonably practicable;

(n) photos of Drivers, Passengers, and other third parties to verify that appropriate personal protective equipment is being worn in connection with COVID-19; and

(o) if you respond to optional survey requests, demographic information including age, marriage status, ethnicity, profession and income. 

4. HOW WE USE YOUR PERSONAL INFORMATION 

We collect and use your personal information in the course of our normal business operations and activities, including for the following purposes:

(a) to provide services to you;

(b) to communicate with you;

(c) to notify you of any important information or content that you may be interested in;

(d) to facilitate the provision of transportation services for you;

(e) for research and development;

(f) to verify your identify and/or verify your immigration status (depending on the capacity in which you have engaged with TaT);

(g) to ensure and enhance the safety and security of users and relevant third parties;

(h) for customer support services such as facilitating responses to your enquiries or complaints;

(i) to conduct customer surveys and research activities;

(j) to conduct marketing, promotions and advertising activities;

(k) to fulfil our obligations or claim our rights in legal proceedings;

(l) to facilitate communications between users;

(m) to authenticate users;

(n) to investigate and prevent possible fraud and illegal activity;

(o) to process and facilitate payment for goods and services facilitated by us;

(p) to deal with disputes and complaints;

(q) to comply with laws, regulations and rules, including assisting government agencies and law enforcement investigations;

(r) to report to regulatory authorities or government bodies on regulatory compliance including providing your health information to health authorities as considered necessary or reasonably required; and

(s) to use or disclose it as otherwise authorised or permitted by law.

With your consent, TaTa uses your personal information to provide you with information on products, services that we, or third parties offer, competitions and other marketing information that we consider may be relevant to you or that you might be interested in, even after you cease acquiring products or services from us.

5. COOKIES AND THIRD PARTY TECHNOLOGIES 

TaTa uses cookies and other standard identification technologies on our apps, websites, emails, and online ads for the purposes described in this Privacy Policy.

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. 

TaTa uses cookies and similar technologies for purposes such as:

(a) verifying users;

(b) remembering user preferences and account settings;

(c) determining the popularity and demand for services;

(d) delivering and measuring the effectiveness of promotional campaigns; and

(e) analysing user traffic and trends, and generally understanding the behaviours of users.

6. LOCATION SERVICES

Before you can use the TaTa App for the first time, we will ask you to choose whether to allow TaTa access to your location and in what circumstances. Location services must be enabled for us to provide booking services. You may change these settings at any time on your device. With your permission, we will obtain your location through IP address, GPS, and other sensors that provide necessary information for the provision of transportation services.

We may collect Wi-Fi metadata from your device including whether your device is Wi-Fi and GPS enabled and connected to Wi-Fi, the Media Access Control (MAC) address or your device, the Set Service Identifier (SSID) and signal level of Wi-Fi networks within range of your device, the GPS location of your device in relation to Wi-Fi networks in range of your device and the time the metadata was collected. We use the information primarily so that we can recommend pick-up points based on a Passenger’s approximate location. The information collected will be encrypted before being sent to our related body corporate where it will be sufficiently de-identified and aggregated for storage, research and analysis purposes.

7. COMMUNICATIONS 

The TaTa App allows Passengers and Drivers to contact each other via call or message anonymously once a booking service request has been accepted to facilitate the provision of transportation services. If you use this functionality TaTa will record all communications (voice and text) made and received through the TaTa App for safety, monitoring and quality assurance purposes (including fraud-prevention), for analytical purposes in order to improve our services including our customer service, policies and procedures and/or to investigate and deal with disputes and complaints. By using this functionality you consent to TaTa recording and using these communications as stated in this Privacy Policy.

8. YOUR SOCIAL MEDIA USE

TaTa uses third-party websites for interactive information sharing and to connect with customers such as Facebook and Twitter. We recommend you read any terms and conditions (including any privacy statements or policies) that apply to any third-party web service relating to the handling and management of your personal information as they may use your personal information in ways and for purposes that will be different to the way TaTa uses and processes your personal information.

We encourage you to keep your personal information confidential by contacting TaTa through direct or private messages, email or the customer service hotline.

9. SURVEYS

We may request that you complete a survey to allow us to have a better understanding of our Drivers and Passengers and to improve our services. If you choose to participate in any optional survey, we may collect demographic information about you, including age, marriage status, ethnicity, profession and income, and which could include your sensitive information. We may also collect information about the way you use, and your experiences of, our services. By participating in any survey, you consent to our collection and use of the information you provide in accordance with this Privacy Policy.

10. DISCLOSURES OF YOUR PERSONAL INFORMATION INCLUDING OVERSEAS

TaTa may disclose your personal information for any of the reasons outlined in section 4 above and related purposes which would be reasonably expected by you.

The information indicated in section 3 (a) and (d), entirely or partly, may be automatically shared:

(a) in relation to the Passenger’s information, to the Passenger’s emergency contact or emergency services, upon activation of the alarm function; or

(b) in relation to the Driver’s information, to the Driver’s emergency contact or emergency services upon activation of the alarm function.

TaTa may disclose your personal information to related bodies corporate, business partners and service providers or vendors we engage such as customer service providers, to help us provide our services or conduct data processing on our behalf. These entities may be located and operate overseas. Except where an exception under the Privacy Legislation applies, TaTa will comply with its obligations under the Australian Privacy Act in relation to any such disclosures, including using reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with the Privacy Legislation, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with those third parties.

Subject to any limitations in your privacy and information permissions and settings, we may share your personal information with other users to provide booking services and facilitate the provision of transportation services. Your privacy and information permissions and settings can be updated at any time in the TaTa App when you are logged into your account.

TaTa may disclose Passenger contact information to a Driver or a Driver’s insurer, or Driver contact information to a Passenger, if we have reasonable grounds to believe that a genuine dispute has arisen in connection with the provision of transportation services by the Driver booked through the TaTa App.

If you use the split fare functionality on the TaTa App with other Passengers, we may disclose the fact that you have made a split fare payment and the amount of the payment to those other Passengers that booked the transportation services with you.

Otherwise, we may disclose your personal information for other purposes to which you have consented, or as otherwise authorised or required by applicable laws.

11. STORAGE AND SECURITY 

We are committed to ensuring that your information is secure. We typically hold the personal information we collect on servers in electronic databases which are located in the United States of America and managed by our related entities and/or service providers.

We have put in place suitable physical, electronic and administrative procedures to safeguard and protect the information about you that we collect. Personal information and associated data stored on servers is encrypted and is stored through data isolation technology. We limit access to personal information to individuals we or our related entities employ or contracted service providers who we believe reasonably need access to such information to provide products or services to you or to us or in order to perform their jobs. 

If we become aware of a privacy breach that has caused or is likely to cause serious harm (as defined in the relevant Privacy Legislation), we will notify the relevant authorities and affected individuals, as required under the relevant Privacy Legislation.

12. DIRECT MARKETING 

We may occasionally contact you directly with related point-to-point transport news, information, and special offers from TaTa and other businesses. You consent to us sending you such information including by means of telemarketing, email, SMS, WeChat messages and other digital channels.

If at any time you decide you do not wish to receive marketing communications from us, you may click the “Unsubscribe” button in the marketing emails and messages or by emailing us. If you opt out of receiving marketing communications from us, we may still contact you or send you messages that are not of promotional nature, such as receipts for transportation services booked through TaTa.

13. LINKS TO OTHER WEBSITES

The TaTa App and communications sent by TaTa may contain links to websites or web addresses of third parties and third party services. While TaTa takes appropriate care in publishing links to any third party services, you shall, at your own discretion, decide whether or not to access such links or accept such services.  TaTa gives no undertakings or warranties with respect to the accuracy, completeness, adequacy and reliability of any information, data, opinions, pictures, statements or suggestions provided by such links.  TaTa does not have control over or assume any liability for third party websites, their content or their data use and retention policies or practice.

14. INFORMATION ABOUT YOUR PERSONAL INFORMATION

You may make any of the following requests in respect of your personal information:

(a) Confirmation that we hold and use personal information about you.

(b) Access to the personal information we hold about you.

(c) Correction of or updates to the personal information we hold about you.

(d) Anonymisation, blocking or erasure of your personal information that is no longer necessary in order for us to provide services to you or no longer necessary for our normal business operations and activities as set out in section 4.

(e) Data portability.  In some circumstances, you may, by express request ask us to provide a third party service provider with a copy of the personal information we hold about you in a structured, machine-readable and commonly used format (as selected by us), or otherwise in accordance with the requirements of the applicable law.

(f) Deletion of personal information we hold about you, where we relied on your consent to use your personal information unless an exception applies, such as where we are required to retain such information to comply with our legal or regulatory obligations.

(g) To the extent not addressed in section 10, information regarding third parties to whom your personal information is disclosed.

(h) Revoke your consent, where we relied on your consent to use and disclose your personal information.

You can make any of the above requests by contacting us. We may ask you to provide suitable identification when you seek to make any of these requests, in order to verify your identity.

We will provide you a response as soon as possible. Simple requests will be responded to within 2-3 days, more complicated requests may take up to 20 working days to respond to. If we are unable to comply with your request for any reason (such as, we are not permitted or required to under Privacy Legislation) we will inform you of this.

If the personal information we provide in response to your request includes information that is the personal information of a third party or that is confidential or in which we own copyright (such as transcripts or recordings of customer service call records), we may redact such information where reasonably necessary, and you must keep such information confidential and not make the information public, including by sharing the information on social media, without our consent.

Users can also delete their account from the TaTa App. If you delete your account, we will retain your personal information in accordance with our record keeping policies and obligations as a booking service provider or transport service facilitator (as applicable).

TaTa may retain your personal information after you have requested us to delete or de-identify your information if:

(a) there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute;

(b) we are required to by any applicable law; and/or

(c) any information if necessary for our legitimate business interests, such as fraud prevention and enhancing users’ safety and security.

When personal information is no longer required, we will take reasonable steps to delete the personal information from our systems or de-identify the personal information.

15. CHANGES TO OUR PRIVACY POLICY

From time to time and for any reason we may revise and update our Privacy Policy and our information handling practices. Our Privacy Policy is available in the TaTa App. 

If we make significant changes to our Privacy Policy, we will notify you of the changes through the TaTa App or by others means, such as email.

We encourage you to review this Privacy Policy regularly to ensure you are familiar with any changes.

Our Safety Management System

Introduction

This Safety Management System (SMS) Policy is an integrated set of work practices and procedures for monitoring and, where identified, improving the safety of TaTa ridesharing and on-demand booking service (ODBS) business. 

Commitment to safety

TaTa values the health and safety of its passengers, drivers and other employees and is committed to making sure that its customer are safe and that they feel safe when using TaTa’s services. TaTa also believes that safety is a crucial factor in the success of its business as part of TaTa’s vision is to help people move safer, faster and cheaper. 

Hence, Management is responsible for developing and implementing TaTa’s safety management system including this Safety Policy. The management of TaTa is also committed to implementing procedures and policies to identify safety hazards/risks arising from or in relation to TaTa’s operations and where possible, to prevent them. TaTa management shall also develop and implement procedures to minimise these safety hazards/risks.

Safety Objectives and Procedures

TaTa aims to achieve its health and safety goal by developing and implementing the following procedures: 

  • Active involvement and commitment by managers

TaTa’s management is at the driving seat of health and safety at TaTa. Therefore, management has the responsibility to demonstrate and emphasise safety in all TaTa’s processes including client-facing and non-client facing processes. 

  1. Consultation and communication with passengers, drivers and employees on safety issues 

It is TaTa’s policy to communicate existing and new safety issues to its passengers, drivers and employees. TaTa certifies the identity and the personal details of its drivers and passengers and monitors safety issues that it identifies from the reports and ratings of both drivers and passengers. It is TaTa’s policy to also communicate new health and safety information including new health and safety procedures and travel advisories via the TaTa App, emails, text or other appropriate communication channels

  • Ongoing identification and control of hazards including terrorism and security threats 

TaTa monitors new and existing security threats that may affect its drivers, passengers and employees. TaTa has and continuously implements procedures to identify those who use its services, record and report the time, location, duration of rides completed using the TaTa App and review threats or complaints reported. TaTa will cooperate with the police or appropriate authorities to report any suspected or reported terrorist or security threat.

  • Development and implementation of procedures for all activities that pose a risk 

It is TaTa policy to develop and implement procedures to eliminate or reduce significant safety risks which it identifies.

 

  • No weapons, smoking or eating policy

Eating, drinking or smoking inside TaTa cars is not permitted. There may be passengers entering the car who have respiratory issues or may be bothered by the smell, so in the spirit of respect for everyone in our community, we ask that you refrain.

TaTa also has a strict “No Weapons” policy for all of its properties and services which as part of our “No Weapons” policy, even in places where it is legal to carry a weapon, TaTa requires that both Drivers and Passengers do not carry a weapon when any of the Transportation Services as defined in our Driver and Passenger Agreement are being carried on.

A “weapon” includes any form of firearm. There are many items that could be considered weapons besides firearms, such as handguns, stun guns, explosives, knives, sling shots and tasers. TaTa reserves sole judgment on what else may constitute a “weapon.”  

The general policy above does not apply to authorized security personnel contracted or employed by TaTa or to law enforcement personnel

  • Ongoing assessment of transport safety drivers’ fitness for duty 

TaTa monitors the fitness for duty of drivers through on-going and periodic checks on identity, licenses and other records. TaTa will implement procedures to assess on an on-going basis that its drivers are licensed and fit to drive and/or provide transportation services using the TaTa app or platform.

  • Provision of all necessary information, training and supervision 

TaTa will provide necessary information and training for its drivers through appropriate means. TaTa is also committed to holding its drivers accountable. To educate our community about what’s appropriate behavior in a TaTa ride — and prevent misbehavior — TaTa will develop a continuous education program which will empower drivers to handle challenging passenger situation and create a safe and comfortable ride for everyone.

  • Investigation and reporting of all accidents and dangerous incidents 

TaTa will investigate any report of all accidents and dangerous incidents, which TaTa discovers or which comes to TaTa’s attention by way of reports or complaints made by drivers or passengers. Such reports or complaints will be handled in line with TaTa’s Complaint Handling Policy.

Other specific policies

  • Age Restrictions

Unaccompanied minors are prohibited from traveling with TaTa’s Drivers. A passenger must be 18 to sign up for a TaTa account, but if a driver believes a passenger might be underage, the driver may ask the passenger to confirm their age.

It is the policy of TaTa to promote safe and healthy conditions for its Drivers and Passengers in relation to TaTa’s Services and TaTa’s drivers will have to cancel the trip if the passenger is indeed under 18. In addition, drivers should report requests to transport unaccompanied minors.

  • Recording device policy

Depending on local regulations, the use of dashboard cameras and other recording devices during rides may not be allowed. Some cities or states may require signage making known the presence of recording devices, while other regions may not allow recording devices at all.

Please refer to your city and state’s regulations on recording devices when giving rides.

Broadcasting another person’s image or recording without their express prior consent is prohibited and may result in a driver’s being disabled or removed from using TaTa’s services.

  • Sexual Assault and Harassment

TaTa will work hard to design policies and features that protect its community. TaTa drivers, passengers, and team members are free to resolve individual claims of sexual harassment or assault however they prefer.

TaTa will not require arbitration for individual claims of sexual assault or sexual harassment. Survivors can choose to resolve their claims through arbitration, through mediation, or in court. Survivors are free to speak out if they choose.

TaTa will not require a confidentiality provision that would prevent survivors from speaking about the facts of the sexual assault or harassment they suffered. Someone who has survived sexual assault or harassment may ask for a confidentiality provision in a settlement agreement, or they may decide to tell their story publicly to help end the stigma of silence for others. Whatever they decide, it will be their choice.

Responsibilities 

Managing Director

As the senior operational officer in charge of the depot, the Managing Director has overall responsibility for implementation and monitoring of the organisation’s SMS. The Managing Director is responsible for ensuring safety policies and procedures are developed and effectively implemented in their areas of control, and to manage staff and hold them accountable for their specific responsibilities. 

Drivers

Drivers responsible for operating and maintaining their vehicles in a manner that ensures the safety of passengers and pedestrians, which abides with regulatory and legislative requirements.

Review 

The organisation’s SMS will be evaluated regularly via audits and other mechanisms to ensure it remains relevant and effective. As part of this process this SMS Policy will be reviewed when required if there are changes in legislation, regulations or operations, and at least annually. 

Driver Software Use and Licence Agreement

This Software Use and Licence Agreement (Agreement) governs the access and use by driver account holders of the TaTa app and associated platform. The TaTa driver app and platform (TaTa App) enables the provision of point to point transportation and related services requested by passengers (Services). By accessing or using the TaTa App, you confirm that you have read, understood and agree to be bound by this Agreement and comply with all applicable laws and regulations.

In this Agreement “driver account holder“, “user“, “you”, “your” and “yours” refer to the person using the TaTa App and “we”, “us” and “our” refer to TaTa.

If you do not agree with this Agreement you must not access or use the TaTa App. You must not access or use the TaTa App unless you have been provided with individual account information and/or login credentials from TaTa after registering with TaTa to be a driver.

1. General

1.1 The following terms and conditions are applicable to users of the TaTa App. We may make changes to this Agreement from time to time. The amended Agreement and terms and conditions will apply automatically from the time that they are made available or published on our website and/or the TaTa App. We encourage you to check our website and the TaTa App from time to time to keep yourself updated on any changes to the terms of this Agreement. If you do not agree to the amended Agreement, you must stop using the TaTa App.

1.2 The Driver Agreement and other terms and conditions apply between you and TaTa and can be accessed within the TaTa App.

Ownership and Intellectual Property

2.1 TaTa and its related entities has intellectual property rights in the content distributed by it alone or together with its related entities, including, without limitation, the TaTa App and any software used or provided and such intellectual property rights are protected by applicable laws.

2.2 By accessing the TaTa App you are granted a limited, revocable, royalty free, non-exclusive, non-transferable and non-sublicensable licence to use the TaTa App for the sole purpose of receiving and fulfilling requests for Services by Passengers in accordance with this Agreement.  You acknowledge that other than the express licence granted to you in this Agreement, you obtain no other rights, implied or otherwise, in respect of the TaTa App.

2.3 All trademarks, copyrights, database rights and other intellectual property rights related to it, remain the property of TaTa or its related entities at all times.

2.4 You undertake not to:

(a) use the TaTa App for any unlawful or fraudulent purpose, including to falsely misrepresent yourself or impersonate another user;

(b) copy, or modify the TaTa App, any part of the TaTa App, or our trademarks or intellectual property in any way;

(c) extract or attempt to extract the source code of the TaTa App;

(d) translate or attempt to translate the TaTa App into other languages, or make derivative versions;

(e) use any information available through the TaTa App that could compromise the enjoyment or security of any third party;

(f) provide inaccurate, defamatory or offensive feedback;

(g) stalk or harass any individual through the TaTa App;

(h) use automated scripts to collect information from or otherwise interact with the TaTa App;

(i) access data of which you are not an intended recipient or log into a server or account on a network related to the TaTa App that you are not expressly authorised to access; or

(j) allow any other person to use your account or any other third party to do any of these things.

2.5 No person shall use any content of the TaTa App in any manner outside the scope of this Agreement without the written consent of TaTa.

3. Limitation of Liability

3.1 The TaTa App is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, TaTa gives no warranties as to the availability, performance or reliability of the TaTa App at any time. To the fullest extent permitted by law, the TaTa App is provided without warranty of any kind.

3.2 If you choose to use the TaTa App, you do so at your sole risk.

3.3 You are responsible for making all arrangements necessary for you to access the TaTa App. You are responsible for all activities that take place on the TaTa App in your name or through your internet connection, even if you comply with this Agreement and do not participate in or condone the activity.

3.4 You are liable for any costs charged by your mobile data or internet service provider, including any data connection costs charged in connection with your download or use of the TaTa App.

3.5 You acknowledge that we have the right at our sole discretion to suspend or terminate your licence to use the TaTa App for breach of this Agreement or for any other reason if we consider it appropriate to do so.

3.6 TaTa ensures that it uses the best possible technology to enable the best user experience. However, except when provided for under this Agreement or in supplementary terms and conditions, TaTa is not liable for:

(a) any error or non-performance of the TaTa App arising from your use of the TaTa App;

(b) any error in the performance of the TaTa App arising from a failure in or unavailability of the data connection;

(c) any malfunction of the TaTa App;

(d) any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program or technological interference;

(e) any unavailability of the TaTa App;

(f) the accuracy, completeness, adequacy and reliability of the information and content contained on the TaTa App;

(g) any delay, difficulty or inability to download or access the TaTa App or related content for any reason;

(h) any other communication or other system failure; or

(i) any failure of the TaTa App or any other non-performance to the extent that failure or non-performance arises from any force majeure event.

If the TaTa App is not available for any reason, TaTa will use reasonable endeavours to notify you and resolve the issue as soon as possible.

3.7 We shall have no responsibility for any personal or financial losses, costs, expenses or liabilities of whatever nature and however arising which result from the use of the TaTa App, unless we are required to by law or such losses, costs, expenses or liabilities arise as a direct result of any wilful default, fraud, or dishonesty on our part.

3.8 If you are a consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law about the supply of goods or services to you. If we fail to comply with those consumer guarantees, then you may have rights against us under the Consumer Legislation that we are prohibited by law from excluding, restricting or modifying. However, where any goods (if any) or services supplied under this Agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of any consumer guarantee applicable to our supply of those goods or, if applicable, services under the Consumer Legislation, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:

(a) the supply of equivalent goods or services again; and

(b) the payment of the cost of acquiring equivalent goods or having the services supplied again.

3.9 To the extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with your use of the TaTa App or in relation to the provision of Services to Passengers will be limited to the amount of fees actually paid to or due to TaTa in the 6 months immediately prior the event giving rise to such claim.

4. Suspension or Cancellation of Licence

4.1 We may, in our discretion and without liability to you, with or without cause, with or without prior notice or explanation and at any time, decide to limit, suspend, deactivate or cancel your licence granted under this Agreement either temporarily or permanently if we cease to operate in Australia if we consider you have breached this Agreement, any other agreement you have with TaTa or any terms and conditions applicable to you. We will endeavour to provide you with a reason if we suspend or deactivate your account.

5. Governing Law and Jurisdiction

5.1 By accessing the TaTa App to use the services provided by TaTa or cooperative service providers, you agree that such access or services shall be governed by the laws of Australia. If any of the terms in this Agreement is invalid or unenforceable, they can be severed without affecting the enforceability of the other terms in any way.

5.2 If you have a dispute under the terms of this Agreement you should first contact us and inform us of the basis of your dispute. We will endeavour to resolve the dispute by negotiation with you. If we cannot settle the dispute then you agree that you will use best endeavours to agree an appropriate dispute resolution process with us. This does not limit our rights under this Agreement, including to limit, suspend, deactivate or cancel your licence granted under this Agreement. We reserve the right to seek injunctive or other equitable relief.

Driver Suspension and Disqualification Policy 

This Driver Suspension and Disqualification Policy (“this Policy”) is intended to serve as a guide to users of the TaTa app and platform (TaTa App) regarding suspension or deactivation of a driver account.

1. Policy objectives 

1.1 As part of our commitment to safety of passengers, we may temporarily suspend a driver’s account, or permanently deactivate a driver’s account. However, we recognise this may have a significant financial impact and so we have created this Policy to provide guidance and allow drivers to clearly understand when and why we would suspend or deactivate a driver’s account. This Policy isn’t intended to capture every possible reason for deactivating a driver’s account. This Policy provides a guide on the circumstances and behaviours that may result in account suspension or deactivation. 

1.2 This Policy is intended to help to maintain a service standard and protect TaTa’s reputation, for the mutual benefit of both TaTa and all drivers including you.

1.3 TaTa may from time to time revise and update this Policy. This Policy is published on our website accessible at www.tataride.com.au. We encourage you to review this Policy regularly to ensure you are familiar with the current version.  Where changes are made to this Policy, we will notify drivers of those changes accordingly.

2. Quality of service

2.1 Passengers (“Users”) expect a high quality of service from drivers who use the TaTa App. A driver’s account may be suspended or permanently deactivated for poor service provided to passengers and/or Users.

(a) What is poor service: We measure quality of service using metrics such as passenger/User ratings, acceptance rates (AR) and completion rates (CR).

(i) Passenger/User ratings: Passengers/Users are able to rate drivers after every trip using a 5-star rating.

(ii) Completion rates: The TaTa App calculates the cancellation rates of drivers. The cancellation rate refers to the ratio of requests accepted but cancelled by a driver to requests accepted. For example, if a driver accepts 10 requests, and completes 8 trips, the cancellation rate is 20%.

(iii) Acceptance rates: The TaTa App calculates the acceptance rates of drivers. The acceptance rate refers to the ratio of trips accepted to trips requests provided by the TaTa App. For example, if a driver received 10 requests, and accepts 8 trips, the acceptance rate is 80%.

(b) When a driver’s account may be deactivated: We may suspend or deactivate a driver’s account based on poor service provided to passengers and/or Users, as reflected in poor or low passenger/User ratings, high cancellation rates and/or low acceptance rates. We consider such deactivation is necessary as negative ratings and cancelled journeys affect passengers’/Users’ interests and may affect TaTa’s reputation. Protection of our reputation is important for both TaTa and the drivers who use the TaTa App and rely on it to earn an income. 

3. Safety

3.1 The safety of all users of the TaTa App is our top priority. Our platform and software reflect this commitment to safety and allow us to record trips in real time.

3.2 To ensure the safety of our passengers and drivers, we promptly investigate all safety-related incidents or allegations. In accordance with our Complaints Handling Policy, TaTa will assess each complaint received and determine a response. If our investigations reveal that the driver was in any way at fault, the driver’s account may be suspended or deactivated depending on the seriousness of the safety-related incident or allegation. In some cases, we may temporarily suspend an account while our investigation is taking place.

3.3 While we cannot detail every safety issue which may lead to a driver’s account being suspended or deactivated, below are a few examples of what we consider relevant.

(a) Drug and alcohol use

We do not tolerate the use of drugs or alcohol by drivers while using the TaTa App, or drivers providing transportation services to passengers while under the influence of drugs and/or alcohol. We have a zero tolerance approach to drug and alcohol use and may suspend or deactivate a driver’s account if the driver is using, or has used, drugs and/or alcohol while using the TaTa App, while driving a passenger, or if we receive complaints from passengers and/or Users of drug and/or alcohol use.

(b) Compliance with road laws, regulations and rules

All drivers who use the TaTa App are required to comply with all laws, regulations and rules for road use in the relevant jurisdiction at all times. We may suspend or deactivate a driver’s account if the driver is in breach, or may be in breach of any law, regulation or rule relating to road use in the relevant jurisdiction.

(c) General safety

We expect drivers to drive safely at all times, especially when providing transportation services to passengers. This expectation is in addition to drivers ensuring compliance with all laws, regulations and rules for road use. We may suspend or deactivate a driver’s account if we receive complaints from passengers and/or Users about a driver driving dangerously or otherwise not driving safely or a driver acting in a manner which causes a passenger or User to feel unsafe.

Where the driver has caused a serious safety issue, or we believe a driver may have broken any law, regulation or rule, TaTa reserves the right to report the driver’s behaviour to the police.

4. Discrimination

We are committed to facilitating access to passenger transportation that are welcoming and inclusive. We do not tolerate any form of discrimination in relation to a person’s race, religion, national origin, physical or mental disability, sexual orientation, sex, marital status, age or any other personal characteristic protected under any applicable law. We may suspend or deactivate a driver’s account if we receive any complaints about a driver exhibiting discriminatory behaviour. 

5. Fraud and dishonesty

Fraudulent or dishonest behaviour in respect to the TaTa App is not tolerated.

(a) What do we mean by fraud and dishonesty: Fraud includes things such as deliberately increasing the time and distance for a trip, creating fake TaTa App accounts, theft or stealing of property belonging to passengers, encouraging passengers or Users to cancel their trip. Dishonesty includes providing inaccurate driver details, incorrect licence plate numbers or vehicle models and inaccurate profile pictures.

(b) When a driver’s account may be deactivated: We may suspend or deactivate the account of a driver where there is any fraudulent or dishonest activity including but not limited to vehicle ownership, insurance and driving history. 

6. Other unacceptable or unauthorised activities

We cannot provide an exhaustive list of situations or circumstances where we may suspend or permanently deactivate a driver’s account. We reserve the right to deactivate a driver’s account for any other unacceptable or unauthorised activity that occurs outside of the TaTa App and related to or directly impacting the provision of transportation services to passengers. This includes but is not limited to any breach of your agreement with TaTa as a driver, the Driver Software Use and Licence Agreement or any of TaTa’s standards, guidelines, policies, procedures, notices, terms or other requirements issued by TaTa and applicable to drivers. Examples of other activity or conduct that might result in suspension or disqualification include unauthorised pick-ups or pick-ups that contravene any terms of the Driver Agreement or policies referred to in the Driver Agreement, requesting a passenger exit the vehicle after the passenger has met the vehicle or before the vehicle gets to the destination without a legitimate reason (which reason could include a passenger acting unlawfully), harming TaTa’s reputation or brand, or breaching any of TaTa’s other policies or standards.

7. Complaints

When TaTa receives a complaint in relation to a driver or vehicle providing passenger transportation services, TaTa will investigate and seek to resolve the complaint in accordance with its Complaint Handling Policy accessible at tataride.com.au.

8. Our right to suspend or deactivate

TaTa reserves the right at all times to suspend or deactivate a driver’s account at its sole discretion for any activity arising from or in connection with TaTa App or the provision of services by the driver.

Driver Agreement 

The terms in this Driver Agreement together with its Schedules (“Terms”) detail the agreement between you and TaTa  Ltd. These Terms govern your use of the TaTa mobile driver app and platform (Driver App) which facilitates your provision of point-to-point transportation services (Transportation Services or the Services) via the Driver App as requested by users of the TaTa rider app and platform (Passengers) and your provision of Services as an independent provider.

In these Terms, “driver”, “Driver-partner“, “you“, “your” and “yours” refer to the person using the Driver App and “we“, “us” and “our” refer to TaTa “Affiliates” refers to any company or entity controlled by, controlling, or under common control or in a partnership or joint venture with TaTa

In order to access the Driver App and provide Services you must register as a Driver-partner. By applying to be a Driver-partner you confirm your acceptance of these Terms and our Privacy Policy available at www.tataride.com.au and/or the Driver App. These Terms will come into effect on the date you are registered as a Driver-partner by TaTa and is a binding legal agreement between you and us.  If you will be or are providing the Services through your own company, then these Terms will also be binding on your company.

If you do not agree with these Terms you should not access or use the Driver App.

1. OUR RELATIONSHIP 

1.1 You acknowledge and agree that TaTa does not provide the Services to Passengers. It is a technology-based company which operates technology applications and platforms, and provides the related Support Services (as defined in clause 8.1 below) to enable independent providers of point-to-point transportation services to receive and fulfil requests for Services.

1.2 Once you accept a request for Services, you have sole responsibility for the provision of those Services in accordance with the Passenger’s request.

1.3 You acknowledge and agree that, by accepting a request for Services, you enter into an agreement directly with the Passenger, as an independent provider of Services. Each request for Services that you accept gives effect to a separate agreement between you and the relevant Passenger. 

1.4 TaTa  does not impose any obligations regarding where, when and/or for how long you will be available to provide Services by logging in to the Driver App or whether you accept or decline any request for Services. Other than your safety obligations under TaTa Safety Policy, these matters remain within your sole discretion.

1.5 You acknowledge and agree that, unless required by law (in which case it will be specified as a policy with which you must comply) you are not required to, and will not, while providing Services represent to Passengers in any way that you are providing Services for, or on behalf of TaTa

1.6 For the mutual benefit of both TaTa and all drivers including you, from time-to-time TaTa on your behalf may offer promotions to some or all Passengers that may have the effect of Passengers paying you a lower amount than would otherwise have been the case, and where a promotion applies, you agree to provide Services to the Passenger at the lower amount. Where a promotion applies and where applicable, TaTa will reduce the value of its fees by an amount equal to the value of the promotions (Promotions Discount).

1.7 For the mutual benefit of both TaTa and all drivers including you, from time-to-time TaTa may offer incentives to drivers. Where an incentive applies and where applicable TaTa will reduce the value of its fees by an amount equal to the value of the incentives (Incentives Discount).

1.8 Where the value of the fees available to be reduced is less than the total value of the Promotions Discount and the Incentives Discount, TaTa will add the difference to your Payment Fees so that the sum of this amount and the value of the fees reduced is equal to the total value of the applicable Promotions Discount and the applicable Incentives Discount.

1.9 TaTa makes no guarantee or representation in relation to the number of requests for Services that will be provided to you under these Terms.

1.10 You acknowledge and agree that:

(a) these Terms do not involve you providing any services to TaTa

(b) nothing in these Terms constitutes a relationship of employer and employee between you and TaTa and

(c) nothing in these Terms constitutes a relationship of principal and agent, principal and contractor, partnership, trust or joint venture between you and TaTa

1.11 You indemnify, and will keep indemnified, TaTa and its Affiliates against any cost, expense or liability arising from the relationship between you and TaTa (or any Affiliates) being deemed to be one of employee and employer, or worker / dependent contractor and principal, including, without limitation, minimum wage, holidays and leave, superannuation contributions, any other employee benefit and any other liability arising from other employment rights (including in connection with the termination of the relationship).

2. REGISTRATION AND APPROVAL TO BE A DRIVER 

2.1 You acknowledge and agree that you will, at all times while you are providing Services, hold a valid driver’s licence and all other required licences, permits, registrations, approvals and/or authorities required to provide Services within the jurisdiction in which you have been registered by TaTa to provide such Services. In order for TaTa to comply with any obligations applicable to it, you will, upon request by TaTa, provide copies in the form required by us of all required licences, permits, registrations, approvals and/or authorities as requested from time to time.

2.2 As part of the application process for becoming a registered driver-partner (Driver-partner), you provided relevant information to TaTa (including information regarding the requirements outlined above and personal information). In relation to this process, you agree and warrant that:

(a) the information supplied by you is true, complete and not misleading in any respect and you will notify TaTa as soon as practicable if any of the information changes;

(b) you consent to the collection and use of your personal and sensitive information in accordance with these Terms and TaTa Privacy Policy.

(c) you will provide a high resolution photo of yourself which is a true image of you and which you consent to be displayed as part of your profile and, if required, in your vehicle, in order to comply with applicable laws, regulations and rules, to protect against fraud and for health and safety reasons;

(d) you are entitled by law to enter into an agreement with TaTa on these Terms (including, but not limited to, holding a citizenship, residency or visa status which permits you to work in Australia);

(e) you will not use a vehicle other than your registered vehicle to provide Services to Passengers which must at all times meet all applicable vehicle standards as updated from time to time.

(f) your vehicle will comply with any and all applicable signage requirements from time to time, as required by law and/or notified to you.

2.3 If any of the information provided as part of your application changes, including if you cease to hold any required licences, permits, registrations, approvals and/or authorities, you will immediately notify TaTa of this change.

2.4. As a Driver-partner, you must successfully complete one hundred (100) rides within each six (6) month period beginning from the day you register as a Driver-partner on TaTa in order to remain active on the TaTa App. If you fail to complete this minimum number of rides, you may become ineligible to provide the Services and you may be removed from the TaTa App.

2.5. As a Driver-partner in Australia, you must register for GST and provide us with proof of GST registration and your valid ABN (and company name if applicable).  By using the Driver App, you warrant that you are GST registered and have a valid ABN.  If you do not register for GST and/or provide a valid and current ABN you must not use the Driver App. You must immediately notify us in writing if you cease to be registered for GST or you change your ABN. If you cease to be registered for GST or cease to hold a valid ABN then you must not use the Driver App.

3. YOUR DRIVER ACCOUNT

3.1 If you are registered by us to be a Driver-partner (such approval being in our sole discretion), you will be granted a licence to use the Driver App and be issued with a driver account (Account). Only once this has occurred are you permitted to use the Driver App and to receive requests for Services through the Driver App.

3.2 The fees payable by you under a Driver Program will be set out in a separate document made available to you (the Fee Schedule). The fees may be determined with reference to certain metrics applicable to the Driver Program (Driver Program Metrics).

4. YOUR COMPLIANCE WITH TERMS AND POLICIES 

4.1 You must comply with:

(a) these Terms including any separate Fee Schedule.

(b) any conditions imposed as part of our approval of you as a Driver-partner (as notified to you by TaTa at the time of approval);

(c) all applicable laws, regulations and rules;

(d) our policies and procedures, (including our Safety Policy, Driver Suspension and Disqualification Policy and Cookies Policy); our policies and procedures, (including our Safety Policy and Driver Suspension and Disqualification Policy); and

(e) any Services metrics applicable to you, as notified to you from time to time through the Driver App (Services Metrics).

These compliance requirements help to maintain a service standard and protect TaTa reputation, for the mutual benefit of both TaTa and all drivers including you.

Whilst you are required to familiarise yourself and comply with TaTa policies as amended from time to time, including but not limited to as referred to in these Terms, for the avoidance of doubt those policies themselves do not form part of these Terms nor do they constitute contractual terms and conditions with TaTa

5. CHANGES TO TERMS, POLICIES AND PROCEDURES

5.1 We may at any time in our sole discretion, propose:

(a) changes to our policies and procedures, provided that if these apply to you then we will give you at least seven (7) days prior notice; and

(b) any other changes to these Terms including its Schedules, provided we give you at least seven (7) days prior notice (together, Changes).

5.2 If we propose any Change, such Change will take effect on the date specified in the notice or at the end of the required notice period set out above, whichever is the earlier (Change Date). If you continue to use the Driver App on and from the Change Date or you indicate acceptance of a Change by selecting a click and agree mechanism provided with the notice, you will be taken to have accepted the Change from the Change Date.

5.3 If you do not agree to a proposed Change, you may terminate these Terms by deactivating your Account immediately without penalty or notice to us.

6. LICENCE TO USE THE DRIVER APP

We and/or our Affiliates own or are licensed to use all rights, title to and interests in the Driver App including all content, text, images, trade marks and logos displayed on the Driver App and such intellectual property rights are protected by applicable laws. The Driver Software Use and Licence Agreement grants you a limited, revocable, royalty free, non-exclusive, non-transferable and non-sublicensable licence to use the Driver App for the sole purpose of receiving and fulfilling requests for Services by Passengers. You acknowledge that other than the express licence granted to you in these Terms, you obtain no other rights, implied or otherwise, in respect of the Driver App.

7. SUPPORT SERVICES

7.1 In addition to providing access to the Driver App and facilitating the receipt of requests for Services, TaTa (and/or its Affiliates) will:

(a) act as an intermediary to facilitate bookings for Services between you and Passengers;

(b) in relation to Services, receive and handle complaints from Passengers (and other third parties);

(c) act as a limited payment collection agent on your behalf:

(i) offer promotions or discounts to some or all Passengers;

(ii) collect the Fares for the provision of Transportation Services on your behalf;

(iii) facilitate payment processing services from an external third-party payment service provider (Payment Servicer) to distribute payments we receive on your behalf to you; and

(iv) prepare and issue receipts and tax compliant invoices to Passengers on your behalf.

(together, the Support Services). 

7.2 TaTa may in accordance with clause 6 change, withdraw, vary or add Support Services.

8. EQUIPMENT 

8.1 You acknowledge and agree that you are responsible for the provision and maintenance, at your own expense, of all tools and equipment required to provide Services. This includes, but is not limited to, a vehicle, a mobile device with which to access the Driver App and a wireless data plan.

8.2 You are responsible for any and all costs that you incur in accepting and fulfilling a request for Services, including the operation and maintenance of your vehicle and the device used to access and interact on the Driver App.

9. SUPPLY OF SERVICES TO OTHERS 

9.1 These Terms do not prevent or restrict you from:

(a) being employed by, or otherwise engaged to perform services for, any entity; or

(b) engaging in any activity for the purpose of obtaining income.

9.2 In particular, these Terms do not prevent or restrict you from providing point to point Transportation Services through any other ride-sharing application.

10. INSURANCES

10.1 You must at all times comply, at your expense, with your legal obligations in respect of insurance (including but not limited to compulsory third-party motor vehicle insurance for any vehicle used to provide Services (if applicable)) and maintain, at your expense, such other policies as someone providing Services would prudently maintain as well as any other minimum insurance cover which TaTa requests you hold including but not limited to a valid comprehensive motor vehicle insurance policy with a rideshare extension for any vehicle used to provide Transportation Services, and a general liability insurance policy at levels which satisfy:

(a) the minimum requirements that apply to the operation of private passenger vehicles on public roads in the jurisdiction in which you are registered to provide Services;

(b) the provision of Services and any other services contemplated by these Terms; and

(c) any other minimum standards imposed by TaTa (as notified by TaTa from time to time).

10.2 In order for TaTa to confirm your ongoing compliance with these requirements, you will, upon request by TaTa provide copies of any relevant insurance policies and insurance certificates of currency and or other equivalent proof of insurance.

10.3 If, at any time, you cease to hold a required insurance policy, you must immediately notify TaTa of this change in your circumstances and cease providing Services through the Driver App.

11. TAXES 

11.1 You acknowledge and agree that as a Driver-partner, you are required to:

(a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Services as required by applicable law; and

(b) provide TaTa with all relevant tax information requested.

11.2 You acknowledge and agree that you are responsible for taxes on your own earnings arising from your provision of Services, including without limitation, income tax and Goods and Services Tax (GST). You agree that you will collect and remit all taxes payable resulting from your provision of Services.

11.3 Notwithstanding anything to the contrary in these Terms, TaTa may, based on applicable tax and regulatory requirements, or as otherwise required under the law, collect and remit taxes resulting from your provision of Services and/or provide any of the relevant tax and other information you have provided pursuant to these Terms directly to the Australian Taxation Office or applicable governmental authorities as required or otherwise considered appropriate in TaTa sole discretion.

11.4 Unless otherwise stated, all amounts payable or consideration to be provided under these Terms by you to TaTa are exclusive of GST. If GST is payable on any supply by TaTa under these Terms, for which the consideration is not expressly stated to include GST, you agree to pay an additional amount equal to the GST at the same time that the consideration for the supply, or the first part of the consideration for the supply (as the case may be) is to be provided.

11.5 You agree that, for the purposes of GST legislation, TaTa supplies to you the Support Services in sole consideration for the fees payable under these Terms. In addition, TaTa provides you a licence to use the Driver App and platform for no consideration.

11.6 You agree to comply with all of your obligations under all laws, regulations and rules to the extent applicable to your agreement with TaTa

11.7 You indemnify TaTa and its Affiliates from all tax liabilities including duties, levies, claims and penalties arising from or in connection with any tax liability that may be imposed on you or on TaTa or its Affiliates as a result of information provided by you and/or your failure to comply with any of your tax obligations.

11.8 You acknowledge and agree that TaTa may treat you as a GST registered business, confirm that the ABN and/or GST registration details you have provided to TaTa are true and correct and that TaTa does not accept any liability for any incorrect information that you provide including in relation to any ABN or GST registration.

12. APPLICABLE FARES/PAYMENTS FOR PROVISIONS OF SERVICES 

12.1 The Passenger will be liable to pay you:

(a) a fare for the Transportation Services you provide to the Passenger (Fare)(the Payment Fees).

12.2 The Payment Fee is calculated by TaTa and represents the maximum total amount the Passenger is liable to pay the driver for the Services and may include a mileage/per kilometre price, per minute charge, booking fee, minimum fee, wait fare, fixed charges (such as tolls), a base fee and any other fees payable by the Passenger. The Payment Fee may fluctuate based on local market conditions, the particular product offering, and demand for Services and includes any GST payable for the Services, if applicable.

12.3 If a Passenger cancels a booking request after it has been accepted by you, or you as a driver are permitted to cancel such a booking request, you may be eligible to receive a cancellation fee payable by the Passenger in such circumstances outlined in the Cancellation Policy.

13 FEES

13.1 In consideration of the Support Services, you agree to pay TaTa fees in accordance with this clause 13 for each request for Services that you accept.

13.2 The fees relating to Services payable by you to TaTa (or its Affiliates or representatives) and the circumstances in which those fees are payable are set out in clause 13.3, in the applicable Fee Schedule. Unless otherwise advised, any fees payable are exclusive of GST.

13.3 Unless a promotional or other arrangement applies, the fees payable by you relating to Services as updated from time to time include:

(a) a confirmation fee for each confirmed booking between you and a Passenger equal to the amount of any booking fee charged to the Passenger (Confirmation Fee);

(b) the TaTa services fee as set out in the Fee Schedule (Services Fee).

14. APPOINTMENT AS PAYMENT COLLECTION AGENT 

14.1 In order to facilitate the provision of the Support Services by TaTa, you appoint TaTa or its Affiliates as your limited payment collection agent solely for collecting any applicable Payment Fees from Passengers for the provision of Services

14.2 You agree that payment made by a Passenger through the Driver App, where applicable, will be considered the same as a payment made directly to you.

14.3 You acknowledge that a Passenger may cancel a booking request in accordance with TaTa Passenger Agreement (Passenger Terms).

14.4 Payment processing services will be provided by a payment servicer (Payment Servicer). The distribution of payments to you by the Payment Servicer will be subject to terms and conditions of the relevant Payment Servicer. We will make available the Payment Servicer’s relevant terms and conditions (if any) on or about the time you agree to these Terms. By agreeing to these Terms or continuing to provide Services, you agree to be bound by the terms and conditions of the Payment Servicer (if any), as may be modified from time to time.

14.5 You agree that we may change the Payment Servicer from time to time by advising you of a new Payment Servicer and their terms and conditions (if any). Continuing to provide Services after the change has come into effect constitutes your acceptance of:

(a) the appointment of the new Payment Servicer; and

(b) the terms and conditions of the new Payment Servicer (if applicable) as modified by that new Payment Servicer from time to time.

14.6 As a condition of TaTa enabling payment processing services through the Payment Servicer, you agree to provide.TaTa (or at TaTa’s request, the Payment Servicer) with accurate and complete information about you and if applicable, your business including your name, date of birth, address(es), driver’s licence number, your relevant bank account details (including the account number and BSB number, details of any account you have created with the Payment Servicer (if applicable) and information about your Services and your agreement with TaTa 

14.7 You authorise TaTa to disclose this information to the Payment Servicer (and for TaTa to collect information about you from the Payment Servicer) in connection with these Terms and the distribution of payments to you. You also agree to provide TaTa with any documents or other information that TaTa reasonably requests for TaTa or the Payment Servicer to verify your identity.

14.8 You may be asked to confirm with the Payment Servicer that you agree to their terms and conditions. If you do not agree to the Payment Servicer’s terms and conditions, the Payment Servicer may choose not to provide you payment processing services. Further, if you do not provide us with the information or evidence of your identity that we request, we will be unable to pay you amounts owed to you for the provision of Services and/or to otherwise facilitate payment to you of any Payment Fees.

14.9 You acknowledge and agree that:

(a) you will have no claim against TaTa or any of its Affiliates for any amounts that are owed to you resulting from your breach of the Payment Servicer’s terms and conditions or your failure to provide us with information or evidence of identity to enable us to pay you;

(b) you indemnify TaTa  and its Affiliates for any costs or liability that arise in connection with your breach of the Payment Servicer’s terms and conditions including any payment or non-payment of amounts that are owed to you resulting from your breach; and

(c) your Account may be suspended until you are eligible to hold an account with the Payment Servicer or until you provide us with the requested information or appropriate evidence of your identity.

14.10 If you owe us any amount under these Terms, then we may (but are not obliged to) withhold the amount owing to us from any payout amounts due to you (whether as a Driver-partner or otherwise), and use the withheld amount to set-off the amount owed by you to us.

14.11 We may withhold or suspend payout amounts due to you if we reasonably suspect you have engaged in conduct or behaviour that is unlawful or fraudulent. The Anti-Fraud Policy provides guidance on when payout amounts may be suspended or withheld due to fraud or other activities, including where TaTa applications or platforms have been manipulated to gain a financial advantage. 

14.12 In addition to any amounts due to us under these Terms, if your account is in debit for any reason, you may be charged fees that are incidental to our collection of those amounts due. Such fees or charges may include collection fees, convenience fees, or other third-party charges and will otherwise be notified to you.

15. PROVISION OF BOOKED SERVICES

15.1 You agree to provide the warranties set out in this clause in order to protect TaTa legitimate business interests, including its reputation, for the mutual benefit of TaTa and all Driver-partners including you.

15.2 Each time you accept a request for Services from a Passenger you warrant and agree that:

(a) you have, hold and maintain all licences, permits, registrations, certifications, approvals, vehicle and insurances and other documentation required in the relevant jurisdiction in which you operate;

(b) you will comply and abide with all relevant traffic and road laws, regulations and rules while you are driving;

(c) you will comply with any relevant laws, regulations and rules relating to the operation of the Services;

(d) you will only use the vehicle registered by TaTa as part of your application to provide the Services, and that vehicle meets all required Vehicle Standards;

(e) you will provide Services to Passengers with due care, skill and diligence and in a timely, professional, safe and courteous manner and in accordance with TaTa’s policies and guidelines;

(f) you will comply with any applicable health and safety requirements in force from time to time;

(g) you will not carry out any Services that are in breach of any law, regulation or rule, or for which require you to hold a permit, licence, endorsement or permission that you do not hold;

(h) you will not operate the Driver App while driving and will only access and interact with the Driver App when it is legal and safe to do so;

(i) you will immediately notify TaTa if the vehicle is involved in an incident or if during the provision of Services an incident occurs that results in a serious injury or in the attendance of police, emergency services or other health or security professionals;

(j) you will comply with the following terms of use of the Google Maps Navigation API (as may be modified by Google from time to time):

(i) the Google Maps / Google Earth Additional Terms of Service at http://maps.google.com/help/terms_maps.html;

(ii) the Google Maps / Google Earth Legal Notices at http://maps.google.com/help/legalnotices_maps.html;

(iii) the Google Maps and Earth Enterprise Universal Acceptable Use Policy at https://enterprise.google.com/maps/terms/universal_aup.html; and

or as otherwise provided or updated by Google and you acknowledge and agree that in order to be able to provide the Services to Passengers you are required to provide an accurate geo-location.

(k) Where you operate in Western Australia, that you:

 (i) hold the required accreditations and vehicle licences required to provide Services in Western Australia;

(ii) will comply with all statutory requirements applicable to the provision of Transport Services in Western Australia including under the Transport (Road Passenger Services) Act 2018 (WA) and Transport (Road Passenger Services) Regulation 2019 (WA);

(iii) at all times while providing Services, you will display a TaTa sign or any other authorised sign in accordance with the applicable statutory requirements as they relate to Western Australia; and

(iv) the registered vehicle has at all times the correct compulsory third party insurances to provide Services as required by law in Western Australia.

15.3 Each time you accept a request for Transportation Services from a Passenger you warrant and agree that:

(a) you will provide Passengers and their guests reasonable assistance to get both in and out of the vehicle;

(b) you will take the route requested by the Passenger if advised of their preference or request unless you have a reasonable justification not to;

(c) you will not request payment from the Passenger above the fare calculated by the Driver App;

(d) if no route is requested you must take the most direct and practicable route that is reasonably considered likely to cost the Passenger the least, taking into account any valid safety considerations;

(e) you will not make any unauthorised stops unless requested by the customer to take a particular route or stop;

(f) you will not smoke or permit smoking of any sort by any person in the vehicle including the use of e-cigarettes;

(g) you will allow ‘assistance animals’ to travel in the vehicle with any Passenger as that term or equivalent is defined in the applicable legislation in the relevant jurisdiction in which you operate; and

(h) you will not transport anyone else other than the Passenger and the Passenger’s guests in the vehicle.

15.4 You must notify TaTa immediately and cease providing Services if any of the warranties provided by you in this clause 15 becomes untrue.

15.5 You are permitted to cancel a booking request you have accepted without penalty in accordance with the Cancellation Policy.

16. SYSTEM REQUIREMENTS

16.1 To use the Driver App you must meet the hardware and software requirements set out in this clause and have an internet data connection with location services activated. Mobile devices used to access the Driver App must have either an operating system compatible with the Driver App. TaTa is not liable for any issues that may arise if you access and/or use the TaTa Driver App on any other operating systems.

16.2 Subject to applicable law, we make no representation that the Driver App will operate on all mobile devices nor that it will operate continuously and error-free.

16.3 You are responsible for maintaining your mobile device’s software and for any mobile data costs incurred in using the Driver App.

16.4 You may at times be required to download updates to or new versions of the Driver App when these are made available to continue using the Driver App.

17. LINKS TO OTHER WEBSITES

The Driver App may contain links to websites, including third party websites, or the contact information of other organisations. Such websites and information will be provided for your information only. We take care in choosing the linked websites and information but they do not fall under our control and do not represent any endorsement by us. Subject to applicable law, we make no representation that any linked websites will be available for your access. To the fullest extent permitted by applicable law, we have no responsibility for the accuracy or content of any websites maintained by any other party or advertisements contained within the Driver App.

18. LIABILITY AND WARRANTIES

18.1 Subject to these Terms, to the fullest extent permitted by law, the services provided by TaTa are provided “as is” and “as available”. To the fullest extent permitted by law, the Driver App and services provided by TaTa are provided without warranty of any kind on an “as is” and “as available” basis. We give no warranties as to the availability, performance or reliability of the Driver App at any time. Your access and use of the Driver App is at your own risk.

18.2 You are responsible for making all arrangements necessary for you to access the Driver App. You are responsible for all activities that take place on the Driver App in your name or through your internet connection, even if you comply with these Terms and do not participate in or condone the activity.

18.3 You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. This includes any loss or damage to you, your vehicle, your property, or anyone else that occurs in connection with your provision of Services to Passengers. Unless prevented by law, you agree to not attempt to impose liability on or seek any legal remedy from TaTa with respect to such actions or omissions. This limitation will not apply to any claim by you against TaTa regarding the remittance of Payment Fees received from a Passenger by us on your behalf.

18.4 You acknowledge that we have the right to suspend or terminate your Account for breach of these Terms or for any reason that we consider appropriate.

18.5 To the maximum extent permitted by applicable law, we have no responsibility for any personal or financial losses (direct or indirect),costs, expenses or liabilities of whatever nature and however arising which result from these Terms, the use of the Driver App or in relation to the provision of Services to Passengers, unless we are required to by law or they arise as a direct result of any wilful default, fraud, or dishonesty on our part.

18.6 Neither us nor you will be liable to the other for any incidental, special, exemplary, punitive, indirect or consequential loss or damage arising out of these Terms, your use of the Driver App and/or in relation to the provision of Services to Passengers including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of data or loss of goodwill.

18.7 Subject to clauses 18.5 and 18.8, you agree to indemnify and keep indemnified TaTa against all losses or damage suffered or incurred by you arising from or in connection with your use of the Driver App and/or in relation to the provision of Services to Passengers.

18.8 Subject to clause 18.9, nothing in these Terms excludes or limits rights you have under the Australian Consumer Law. If you are a consumer (as defined by the Consumer Legislation), goods and services provided to you under these Terms come with certain consumer guarantees. If we fail to comply with those consumer guarantees, then you may have rights against us which we are prohibited by law from excluding, restricting or modifying. Our liability for breach of any consumer guarantee applicable to our supply of goods or services, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:

(a) the supply of equivalent goods or services again; or

(b) the payment of the cost of acquiring equivalent goods or having the services supplied again.

18.9 Except for our obligations to pay any amount to you under these Terms, and to the maximum extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with these Terms, your use of the Driver App or in relation to the provision of Services to Passengers will be limited to the amount of Payment Fees actually paid to or due to TaTa  in the 6 months immediately prior the event giving rise to such claim.

18.10 Without in any way limiting any other provision of these Terms, to the maximum extent permitted by applicable law, neither TaTa nor any of its affiliates assume any liability or responsibility for any:

(a) personal injury (including death) or property damage, of any nature whatsoever, in connection with the performance of the Services or the access to or use of the Driver App;

(b) errors, mistakes or inaccuracies of the Driver App;

(c) interruption or cessation of transmission to or from the Driver App;

(d) errors or omissions in any content or loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Driver App;

(e) bugs, viruses, trojan horses or the like that may be transmitted to or through the Driver App by any third party; or

(f) unauthorized access to or use of TaTa ’s or any affiliates or service providers’ secure servers and/or any and all personal information stored therein by any third party.

19. SUSPENSION AND DISQUALIFICATION 

19.1 Our Driver Suspension and Disqualification Policy and Anti-Fraud Policy provide guidance on when we may suspend a driver account or disqualify a person from being a Driver-partner.

19.2 Subject to applicable law, we may, without liability to you (other than to pay any amounts owing to you under these Terms), limit, suspend, disqualify or deactivate your Account (temporarily or permanently) for the reasons set out in those policies, the reasons set out in these Terms, any failure by you to meet the Services Metrics or such other reasons which are consistent with protecting our reputation and other legitimate business interests for the mutual benefit of TaTa and all Driver-partners.

19.3 We will provide you with notice and reasons if we limit, suspend or deactivate your Account or disqualify you as a Driver-partner.

19.4 If we exercise our rights under this clause, we may also choose to terminate these Terms, and if so such termination will be in accordance with clause 21.

20. TERM AND TERMINATION

20.1 These Terms will commence on the date they are accepted by you (electronically or otherwise) and will continue until terminated by you or TaTa

20.2 We may terminate these Terms with at least fourteen (14) days prior written notice to you by deactivating your Account:

(a) if we cease to offer services or operate in a relevant jurisdiction;

(b) following suspension of your Account under clause 19; or

(c) in any other circumstances which we consider reasonable to protect our legitimate business interests.

20.3 We may terminate these Terms immediately by deactivating your Account, without notice to you, if:

(a) you commit a breach of these Terms which is incapable of remedy;

(b) you commit a breach of these Terms which is capable of remedy but you do not remedy the breach within fourteen (14) days of receiving notice from us requiring you to do so;

(c) you are bankrupt or insolvent; or

(d) if the company that you contract through with us (and to the extent such basis for termination is enforceable under applicable law):

(i) is unable to pay its debts as they fall due;

(ii) takes any steps to wind itself up or place itself into liquidation;

(iii) has a receiver, receiver and officer manager, trustee, statutory manager, administrator or similar officer appointed in respect of it; or

(iv) enters into, or resolves to enter into, an arrangement or composition with creditors or makes an unauthorised assignment for the benefit of creditors.

20.4 You may terminate your agreement with us and these Terms at any time by deleting your Account.

20.5 Outstanding payment obligations and clauses 1, 9.2, 11, 13, 15, 16, 19, 20, 20.7, 23 and 24 will survive termination of these Terms.

20.6 Termination of these Terms for any cause shall not release a party from any liability which at the time of termination has already accrued to such party or which thereafter may accrue in respect of any act or omission prior to such termination.

20.7 Following termination of these Terms, you must delete and fully remove the Driver App from your mobile devices.

21.  DISPUTES

If you have a dispute under these Terms you should first contact us and inform us of the basis of your dispute. We will endeavour to resolve the dispute by negotiation with you. If we cannot settle the dispute then you agree that you will use your best endeavours to agree an appropriate dispute resolution process with us. This does not limit our rights under these Terms, including any right we may have to limit, suspend, deactivate or cancel your account and/or licence to use the Driver App. We reserve the right to seek injunctive or other equitable relief.

22. GENERAL TERMS 

22.1 You may not assign any agreement with us or these Terms without our prior written consent.

22.2 If any of the terms in these Terms is invalid or unenforceable they can be severed without affecting the enforceability of the other terms in any way.

22.3 The failure or delay by a Party to enforce any term of these Terms will not be deemed a waiver of such term. A waiver must be in writing.

22.4 These Terms shall be binding on and shall inure to the benefit of the successors and permitted assigns and personal representatives (as the case may be) of each of the Parties.

22.5 Save for as set out, no remedy conferred by these Terms is intended to be exclusive of any other remedy that is otherwise available under any law.

22.6 In the case of a force majeure event, where TaTa is the affected party it may temporarily suspend the performance of its obligations under these Terms until the effect of such force majeure event ceases and will bear no liability; provided, however, that it must use reasonable efforts to resolve such event. Force majeure means any unforeseeable or unavoidable (even if foreseeable) event beyond the control of the parties which prevents, affects or delays a party’s performance of all or part of its obligations under these Terms. Such events include but are not limited to those caused by acts of God, war, changes in policies, pandemics, epidemics, strikes or industrial disputes, computer viruses, hacker attacks or suspension of services provided by telecommunication agencies.

22.7 These Terms are governed by the laws of Australia and the parties submit to the non-exclusive jurisdiction of the courts of Australia  and its appellate courts.

22.8 You acknowledge, represent and warrant that you have the right, authority and capacity to enter into these Terms, have read and fully understand the provisions of these Terms and have had sufficient time and opportunity to take appropriate advice prior to agreeing these Terms.