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.
1.1 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.