Metro Mini Bus Pty Ltd (A.C.N. 064 180 347) (Metro Mini Bus):
- Operates an online application (App) to facilitate the booking of transport services provided by Metro Mini Bus and the payment for those services; and
- Provides transport services.
(collectively, the Services).
When these terms apply
- Your use of the App and your access to and receipt of the Services is governed by these Terms.
- By using or accessing any of the Services you agree to be bound by these Terms, as amended from time to time and made available through the App.
- Metro Mini Bus reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your access to and use of the Services or App following any amendment of these Terms will signify that you agree to be bound by those amended Terms.
Your Metro Mini Bus Account
- You may use the App to access the Services. For any cancellation or amendments to your booking, you will need to contact Metro Mini Bus directly.
- You will need to create and maintain a Metro Mini Bus Account to access the Services.
- When creating your Metro Mini Bus Account, you must provide accurate and complete information and you are responsible for maintaining the accuracy and currency of information provided by you.
- You are solely responsible for any activity that occurs on your Metro Mini Bus Account, and you must keep any Metro Mini Bus Account password secure. You are solely responsible for maintaining the secrecy and confidentiality of any identification and log-in information required to access and use the App.
- Your Metro Mini Bus Account is not transferable. You must notify Metro Mini Bus immediately of any breach of security or unauthorised access or use of your Metro Mini Bus Account.
- Although Metro Mini Bus will not be liable for any losses you suffer as a result of any unauthorised use of your Metro Mini Bus Account, you may be liable for the losses of Metro Mini Bus or others due to such unauthorised use.
- All applications for Metro Mini Bus Accounts are subject to acceptance by Metro Mini Bus. Metro Mini Bus reserves the right to not to accept an application for a Metro Mini Bus Account.
Booking with Metro Mini Bus
- You will receive an email after accepting Metro Mini Bus’ quote to confirm your booking. It is your responsibility to carefully review the booking confirmation carefully and promptly inform Metro Mini Bus of any errors. Metro Mini Bus takes no responsibility service you do not receive or for any delays or costs incurred from your failure to provide Metro Mini Bus with correct information.
- To the maximum extent permitted by law, Metro Mini Bus excludes all liability for the supply, or failure to deliver or supply any service where the transaction has been properly processed by Metro Mini Bus.
- It is your responsibility to ensure that you allow adequate time to reach your destination and that passengers are ready for collection at the booked time. Metro Mini Bus will not be liable for any delay caused by your failure to allow adequate time to reach your destination or if passengers are not ready for collection at the booked time.
- It is your responsibility to book a suitable car or mini bus size for the number of passengers and luggage. Metro Mini Bus reserves the right to refuse to transport the whole of your group if the amount of people or luggage exceeds the maximum under its licensing or insurance.
- A child, no matter what age, will count as one passenger. Metro Mini Bus will not supply baby or child safety seats.
- If you require a vehicle to accommodate the transport of a wheelchair, this must be specified at the time of booking.
- If there is a breakdown of the transport provided to you by Metro Mini Bus during the course of providing the Services, Metro Mini Bus will supply other means of transport at no extra cost to you.
Metro Mini Bus’ Content
- All Intellectual Property Rights in the App and relating to the Services, and any improvements, adaptations, translations and derivative works in it, are and will remain Metro Mini Bus’ exclusive property (and Metro Mini Bus’ licensors, if any).
- Metro Mini Bus grants you a non-exclusive, non-transferable, limited right to Access the App for the purpose of performing, displaying and using the App on your Device. You must not reproduce, adapt, create derivative works of, or translate any Metro Mini Bus Content or communicate, sub-licence, commercialise or provide any such Metro Mini Bus Content to or with any other person.
- Your Access to the App shall be on-going unless terminated in accordance with this Terms.
Third party links
- Links to websites of third parties may appear on the Services or App. Such links may be provided by Metro Mini Bus or third party suppliers of goods and services and Metro Mini Bus does not endorse the content of those websites, their operators, their services or products.
- Metro Mini Bus makes no representations about and cannot accept any liability for third party websites.
- Where Metro Mini Bus includes advertisements by third parties on the Services, Metro Mini Bus disclaims all liability for any advertisement and/or any transaction, act or omission you make as a result of that advertisement.
- You are solely responsible for ensuring that you have secured appropriate rights to use, copy, adapt, translate, publish or otherwise deal with any third party software, Content and other materials on any third party websites.
- Metro Mini Bus reserves the right to remove or delete any third party links and backlinks to the Services, in Metro Mini Bus’ absolute discretion, without liability to you.
Making a Payment
- Metro Mini Bus will email or fax you a quote for its service based on the information supplied by you. A quote will be inclusive of GST unless otherwise specified.
- Metro Mini Bus reserves the right to amend its quote if there is a material change to your itinerary, number of passengers, or the type or size of vehicle you require.
- All quotes provided by Metro Mini Bus include a 10 minute waiting time after the advertised landing time of your flight. Any additional wait time will be charged to you at the cost of the carparking plus Metro Mini Bus’ standard rate. Metro Mini Bus will endeavour to check updated flight times prior to leaving for the airport, but is under no obligation to do so.
- Unless otherwise agreed in writing with Metro Mini Bus, you must pay Metro Mini Bus the Fees at least 24 hours before the date of travel, using an Approved Payment Mechanism. If you pay by cheque, the cheque must be received by Metro Mini Bus at least 7 days before the date of travel. If Metro Mini Bus does not receive payment within these specified time frames, Metro Mini Bus reserves the right to refuse service to you. For the avoidance of doubt, Metro Mini Bus is not obliged to refuse service to you and does not waive its rights to pursue payment if it does not receive payment within these specified time frames.
- Payment made through the App may incur a surcharge. You are responsible for any exchange rate fees or charges for international transactions charged, or any other charges levied by the provider of the Approved Payment Mechanism that you use, so that the net amount received by us is the Fees.
- If any payment is made to Metro Mini Bus using an Approved Payment Mechanism and the financial institution subsequently refuses to honour the payment for any reason, or for any reason the payment is not honoured or completed (other than providing a refund as required by law) or Metro Mini Bus is required to make a chargeback, then:
- You must immediately pay the relevant Fees that the Approved Payment Mechanism was used to attempt payment by a means acceptable Metro Mini Bus;
- And you must pay a non-payment fee of $50 for each occasion when payment was not made properly, when Metro Mini Bus incurred a chargeback.
- To the maximum extent permitted by law, all amounts payable by you are non-cancellable and non-refundable and must be paid without set-off or deduction.
- Metro Mini Bus will not issue a refund for a cancelled booking. If there is a mistake in your booking, it is your responsibility to contact Metro Mini Bus to rectify the error.
- You may be allowed to amend a booking without penalty at the discretion of the base operator.
- You are solely responsible for the behaviour of all passengers in the car or bus during your journey.
- Eating, drinking, and smoking are strictly prohibited on all Metro Mini Bus vehicles. In the event that a vehicle is soiled by any passenger in your group, you will be charged an $80 cleaning fee.
- All children travelling with Metro Mini Bus must be restrained in a manner appropriate to the child’s age, weight and height. Metro Mini Bus will not provide child restraints and will not be responsible for fitting the child restraint to the vehicle. Any child restraint must be fitted by the child’s parent or guardian.
- Metro Mini Bus will not carry any more passengers than what is covered by its licence or insurance.
Limitation of Liability
- Metro Mini Bus will use all reasonable endeavours to pick you up and take you to your destination in the usual course of providing the Services. However, Metro Mini Bus is not liable for any loss due to delays caused by factors outside of the control of Metro Mini Bus (including, road, traffic, or weather conditions).
- To the maximum extent permitted by law, Metro Mini Bus make no representations and give no warranties about the Services, including Metro Mini Bus do not warrant:
- Any fitness for purpose of the Services;
- That the Services are free of inaccuracies, defects or errors;
- That the Services will get you to your destination on time;
- That the Services will arrive at the collection point at the time nominated in your booking;
- The Services will operate without any interruption;
- The quality, accuracy, features, functions, benefits or availability of the Services (including the App) or any Third Party Software; or
- The Services (or any associated Content) will be compatible with any Third Party Software or hardware.
- Metro Mini Bus may, in its discretion, change, delete or add features, functions, applications, offers, competitions, advertisement, branding or any other item on the Services, including the infrastructure or technology on which it is operated, without liability to you.
- Nothing in these Terms excludes, restricts or modifies, or has the effect of excluding or modifying the provisions of the Australian Consumer Law in contravention of that Act, any other legislation which may not be excluded, restricted or modified by agreement.
- To the fullest extent permitted by law, Metro Mini Bus’ liability to you for any Claim in respect of any act or omission of Metro Mini Bus arising out of or in connection with its obligations under these Terms will be limited to any Fees paid (if any) in connection with the Services that are provided in the particular instance.
- Metro Mini Bus (including its related bodies corporate, directors, officers, employees, agents and contractors) will not be liable for any indirect, consequential or special loss or damage arising out of your use of or access to the Services (including liability for negligence or recklessness), including loss or damage to goodwill, loss of expected savings of loss or damage to any other expectation benefit of any kind. If a jurisdiction allows liability to be limited but not excluded, Metro Mini Bus’ total liability is limited to the maximum extent possible.
- Metro Mini Bus will not be liable for any loss of profit or special, indirect or consequential damages of any kind.
- By accessing and using the Services, you agree to indemnify and hold Metro Mini Bus harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with:
- Any injury to any person in the provision of Metro Mini Bus’ Services caused by or contributed to by any negligent or wilful act or omission of you or another passenger using the Services, or failure to follow the reasonable and lawful directions of the driver;
- Your failure to arrive at the booked collection point on time;
- Failure to reach your destination on time, including but not limited to losses associated with failure to arrive in time for flight departures;
- Your breach of these Terms;
- Your access to and use of the Services;
- Your access to and use of your Metro Mini Bus Account;
- Your use of any Content or third party website; and
- Any claim made against us by a third party alleging that of any your Content (or your use of the Services) infringes the copyright of that third party.
- Metro Mini Bus may refuse or terminate any booking with immediate effect if your booking puts any driver or vehicle at risk of damage, violence or abuse. No refunds will be issued if a journey is terminated part way through your hire.
- Metro Mini Bus may, without notice to you, discontinue, suspend or terminate:
- Your Access to and use of the Services;
- Your Metro Mini Bus Account,
- You do not pay Metro Mini Bus any Fees by the due date and the you have not remedied that payment within 5 business days;
- You are in breach of these Terms; or
- Metro Mini Bus suspects that you are using the Services to commit an illegal or immoral act.
- Your Access to the App may be terminated where the App has been uninstalled for any reason under the policies, terms and conditions you accepted prior to installing the App on your Device from the platform through which you obtained the App.
- All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and limitations of liability.
- You are only entitled to a refund of any amount paid to Metro Mini Bus, if that refund must be paid by law, including under the Australian Consumer Law.
- All Fees previously paid remain the property of Metro Mini Bus and you agree to make no claim in respect of such Fees. You must further pay to Metro Mini Bus any Fees that have accrued but are unpaid as at the date of the termination or expiration.
- If your Access to the App is terminated:
- Any right to access and use the App terminated immediately;
- You must delete the App from your Device;
- You must immediately return (or at Metro Mini Bus’ request destroy) any of Metro Mini Bus’ Confidential Information; and
- You are solely responsible for ensuring that you have extracted any of your information, including any of your Content, that is in the App. Metro Mini Bus may, but is under no obligation to, delete all of your information, including your Content, that is in the App at any time after termination.
- Metro Mini Bus may correspond with you by email. As you are aware, email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release Metro Mini Bus from any claim you may have arising from transmission defects.
- Metro Mini Bus reserves the right to use your personal, company or trading name in any promotional or marketing material. This may be of the form print, TV, radio or multimedia (including web).
- Metro Mini Bus’ rights and remedies under these Terms cannot be waived except in writing signed by Metro Mini Bus. Any Metro Mini Bus delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Metro Mini Bus waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Metro Mini Bus’ other rights.
- A reference to “$” or “dollars” throughout this Agreement is a reference to Australian currency, unless otherwise stated.
- These Terms are governed by and construed in accordance with the laws of the Northern Territory and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia
- Each party to this Agreement intends the provisions of these Terms to be legally binding and enforceable.
Force Majeure Events
- No party is liable to another party where any Force Majeure Event prevents or delays the performance by the first party of its obligations under these Terms.
Goods and Services Tax
- If a supply made under or in connection with these Terms, the App or the Services by one party (the Supplier) to the other party (the Recipient) is subject to GST, then, in addition to any other amount payable by the Recipient to the Supplier, the Recipient must pay to the Supplier an additional amount (the Additional Amount) determined by multiplying the consideration for the supply by the prevailing GST rate at the time the Recipient makes a payment or part payment for that supply.
- Additional Amounts recoverable from the Recipient under this clause must be calculated without any deduction or set-off of any amount.
- Additional Amounts payable under this clause are payable after receipt by the Recipient from the Supplier of a tax invoice complying with GST law for the supply.
Severance of invalid provisions
- If any of these Terms are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term will be severed, and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.
- Any dispute that arises out of these Terms must first be referred to Metro Mini Bus for resolution, by providing Metro Mini Bus with a notice to email@example.com containing a summary of the issues and your proposed resolutions. Metro Mini Bus will do its best to resolve this dispute by discussion with you within 5 business days of being notified. If the parties are not able to resolve the dispute in that time frame, then it may be referred to an Australian court of competent jurisdiction.
Access means obtaining access to the App on your Device.
App means the ‘Metro Mini Bus’ online application.
Approved Payment Mechanism means Visa, Mastercard, PayPal or other such card or payment mechanism as Metro Mini Bus allows to be used to pay for the Services or any other Fees.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Claim includes any actions, liabilities, suits, causes of action, proceedings, arbitrations, accounts, rights, entitlements, obligations, interests (whether legal or equitable), demands, costs and expenses, whether currently known or not and whether presently in existence or arising in the future.
Content means any data, domain names, stock photos, other images, SSL certificates, images, text, logos, web links, video, social media applications, creative, editorial or technical specifications or other material.
Device means your mobile phone, computer or other device on which the App is installed.
Fees means the amounts payable by you for the Services, as applicable, exclusive of GST.
Force Majeure Event means any circumstance or delay beyond the reasonable control of a party which prevents that party from performing or carrying out any obligation under this Agreement, either indefinitely or within the time required in this Agreement, and includes any circumstance or delay arising out of any industrial action, fire, war, terrorist act, explosion, civil commotion, change of government, malicious damage, storm, flood, tempest, earthquake, tidal wave or legal enactment.
GST means ‘goods and services tax’ as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all existing, contingent and future rights in copyright, trade marks, trade/business or company names, designs, service marks, patents, semi-conductor or circuit layout rights, trade secrets, know-how, database rights or other rights in the nature of intellectual property (whether registered or unregistered), including the right to keep confidential information confidential, or any right to register such rights, existing anywhere in the world, or protected by statute from time to time, but for avoidance of doubt excludes Moral Rights.
Moral Rights means the rights of an individual that are defined as Moral Rights in the Copyright Act 1968 (Cth).
Metro Mini Bus Account means the App subscription as set out in this Terms.
Services means the functionality of the App and the transport and tour services accessed through the App.
Third Party Software means software that is owned by any person other than Metro Mini Bus or Metro Mini Bus’ Affiliates, as well as any data that is stored in or processed by the Third Party Software which is accessed or used in any way by the App.