Terms and Conditions of Use

1. Agreement to terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TaxiCaller Nordic AB (”TaxiCaller”, “we,” “us” or “our”), concerning your access to and use of the taxicaller.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions of Use. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services

We make various services available on the Site including, but not limited to, a taxi booking system which connects passengers and transportation companies or drivers, and other like services. TaxiCaller does not itself provide transportation services. We act as an intermediary between you and the transportation companies and the drivers who provide the transportation services. As such, TaxiCaller is not a party to any contract for the provision of transportation services and accepts no responsibility for the actions or inactions of the individual transportation companies and drivers that provide the transportation services. By using the Site to make a booking or other purchases you make a transaction with a third party, including but not limited to transportation companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that you shall hold us harmless from any losses sustained by you or harm caused to you relating to your purchase of such transactions, purchases or services, and that any claims related to third parties are exclusively a matter between you and the third party. The transportation company and driver that provide you with the transportation service is solely responsible for addressing and, where appropriate, settling all complaints, disputed charges and surcharges including claims of overcharging, adjustments and demands made by you in respect of the transportation service. TaxiCaller does not manage and is not responsible for any refund policies, cancellation policies or other purchase terms of the transportation company that provides you with transportation service. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

3. Intellectual property rights

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You grant us the right to disclose to third parties certain registration data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. User registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use the Site to advertise or offer to sell goods and services.
  4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  5. engage in unauthorized framing of or linking to the Site.
  6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  7. make improper use of our support services or submit false reports of abuse or misconduct.
  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. attempt to impersonate another user or person or use the username of another user.
  10. sell or otherwise transfer your profile.
  11. use any information obtained from the Site in order to harass, abuse, or harm another person.
  12. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  13. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  14. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  15. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  16. delete the copyright or other proprietary rights notice from any Content.
  17. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  19. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  20. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  21. use the Site in a manner inconsistent with any applicable laws or regulations.

6. Guidelines for reviews

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

7. Mobile application use license

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

8. Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

9. Social media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Site and your Third-Party Account through your account settings in your Third-Party Account.

10. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

11. Third-party websites and content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. Site management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

13. Card payments

TaxiCaller provides a service where you can register your credit or debit card to pay for trips via so called in-app payments. TaxiCaller only provides the technical solution for you to make payment transactions to the transportation provider carrying out the service. TaxiCaller is not a party in these transactions. Any disputes or complaints should be filed directly with the transportation service provider. By registering your card on the Site (in the app or on the web), you agree to automatically be charged up to USD 100 (or the equivalent in another currency) after completing a trip you have booked with the app or on the web and specified "card" as payment type. You also agree to be charged no-show and cancellation fees as per stipulated by the transportation service provider in the event that you should cancel your booking or not show up as agreed.

14. Participation in promotions

From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

15. Security and password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

16. Privacy policy

We care about data privacy and security. Please review our Privacy Policy TaxiCaller's Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

17. Term and termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

We also reserve the right to delete your account and all the data stored on your account without prior notification if you haven't used the Site to book a ride in the last 12 months. If we terminate or suspend your account for any reason other than inactivity, as described above, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

18. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

19. Governing law and disputes

These Terms and Conditions of Use and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. Specifically excluded from application to these Terms and Conditions of Use is the United Nations Convention on the International Sale of Goods.

Disputes relating to the rights and/or obligations stated in the contract documents shall be determined by Linköping district court in Sweden or optionally, if TaxiCaller in its own discretion chooses so, by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Linköping. The language to be used in the arbitral proceedings shall be English.

20. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

21. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

FURTHERMORE, TAXICALLER WILL NOT BE RESPONSIBLE FOR DAMAGE, LOSS, OR INJURY RESULTING FROM (A) UNAUTHORIZED ACCESS TO, OR HACKING OR TAMPERING OF, YOUR ACCOUNT OR THE INFORMATION THEREIN, (B) UNAUTHORIZED ACCESS TO OR USE OF TAXICALLER’S SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, OR (C) BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR OTHER DESTRUCTIVE CODE.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE NOT SATISFIED WITH THE SERVICES, THE SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICES.

23. Indemnification

You agree to indemnify, defend, and hold harmless TaxiCaller, its subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners (collectively “Affiliates”) from and against all claims, losses, liability, expenses, damages, judgments, awards and costs (including reasonable attorney’s fees), related to or arising from (1) any breach of these Terms of Use, (2) the your use or misuse of any intellectual property rights, material or information owned, posted, provided, transmitted or otherwise made available to you by TaxiCaller, (3) your access to or use of the Site and its related content, (4) your violation of any third-party right, including intellectual property and privacy rights, (5) your violation of a law, rule, or regulation, (6) another party’s use of the Site using your account, or (7) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, TaxiCaller reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting TaxiCaller’s defense of such matter.

24. User data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

The use of Google Maps features and content in the Services is subject to the current versions of the: Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy.

27. Contact us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us through our contact form on our website www.taxicaller.com.

These Terms have been published on the Website on 2019-11-18.


The following section applies to credit cards registered with TaxiCharge

TAXICHARGE PARTNER MOBILE APP

TERMS AND CONDITIONS

1. Application

1.1 These terms and conditions apply to your use of the mobile app offered by TaxiCharge New Zealand Limited (trading as TaxiCharge).

1.2 TaxiCharge is a New Zealand owned and operated business that provides services on behalf of the TaxiCharge Limited Partnership. By downloading and using the application software supplied by TaxiCharge (the TaxiCharge Partner Mobile App) on your mobile device, you agree to be bound by these terms and conditions.

1.3 It is important that you read these terms and conditions carefully, including:

1.4 The TaxiCharge Partner Mobile App enables users to hail and pay for certain Taxi Services using their internet-enabled mobile device, subject to availability at the location of the user (the Service).

1.5 TaxiCharge does not itself provide Taxi Services. It acts as an intermediary between you and the drivers of nominated taxi companies (each, a Driver) who provide the Taxi Services. As such, TaxiCharge is not a party to any contract for the provision of Taxi Services and accepts no responsibility for the actions or inactions of the individual taxi companies and drivers that provide the Taxi Services.

2. Getting Started

2.1 In order to download and use the TaxiCharge Partner Mobile App, you must be resident in New Zealand and have an internet-enabled eligible mobile device.

2.2 You may use the TaxiCharge Partner Mobile App without registering as a TaxiCharge Partner Mobile App account holder. However, in order to utilise the payment functionality and other functionality of the TaxiCharge Partner Mobile App, you must register as a TaxiCharge Partner Mobile App account holder, when you first download the TaxiCharge Partner Mobile App or at any subsequent time (TaxiCharge Partner Mobile App Account and TaxiCharge Partner Mobile App Account Holder respectively).

2.3 When you register as a TaxiCharge Partner Mobile App Account Holder, you will be asked to provide personal information, including your name, mobile telephone number and, if applicable, your nominated payment method. If you opt to provide payment details, you authorise TaxiCharge to debit your nominated payment method with any applicable fares and surcharges charged by a Driver for the provision of Taxi Services that you utilise in connection with the TaxiCharge Partner Mobile App.

2.4 Your nominated payment method may include an approved:

2.5 If your nominated payment method is an approved scheme debit card or credit card, a pre-authorisation charge may be made by TaxiCharge on your card when you sign up for a TaxiCharge Partner Mobile App Account or make a booking using the TaxiCharge Partner Mobile App. We employ the practice of pre-authorising users’ scheme debit and credit cards to better protect our users against potential fraud that may result from unauthorised card usage. The pre-authorisation will only be debited from your card if you fail to pay the actual fare and surcharges for Taxi Services provided to you. The pre-authorisation charge will usually be a nominal amount, but may be a reasonable estimate of the Taxi Services that you have booked.

2.6 As a TaxiCharge Partner Mobile App Account Holder, you warrant that all information and details provided by you to TaxiCharge are true, accurate and up-to-date in all respects and at all times. TaxiCharge accepts no responsibility or liability for the accuracy of, or failure to transmit, information requested via the TaxiCharge Partner Mobile App. You can update or correct your details at any time via the TaxiCharge Partner Mobile App. TaxiCharge is entitled to verify the information that you provide in connection with your TaxiCharge Partner Mobile App Account at any time.

2.7 Your registration as a TaxiCharge Partner Mobile App Account Holder (including registration of your payment method) is subject to approval by TaxiCharge which may be withdrawn at any time at TaxiCharge’s discretion.

2.8 When you register as a TaxiCharge Partner Mobile App Account Holder you will be required to select a secure pin, which will be required to access your TaxiCharge Partner Mobile App Account. You must keep your secure pin confidential at all times.

2.9 If you have elected to register a TaxiCharge Card as your payment method, the terms and conditions set out in the Card Holder Agreement will continue to apply.

3. Payment

3.1 You will make payment in full to the Driver of each Taxi Service ordered using the TaxiCharge Partner Mobile App. At the end of your Taxi Service, you will be given the option of payment in person (using cash, credit card, scheme debit card or a TaxiCharge card or TaxiCharge Voucher Card) or using your TaxiCharge Partner Mobile App Account. If you opt to use your TaxiCharge Partner Mobile App Account, you will confirm payment via your TaxiCharge Partner Mobile App and all applicable charges will be debited to the nominated payment method on your TaxiCharge Partner Mobile App Account. All charges are in NZD and, subject to clause 3.3, charges paid by you are final and non-refundable. The name that will appear on your cardholder statement will be TaxiCharge.

3.2 Surcharges on scheme debit cards and credit cards are applicable to payments made via the TaxiCharge Partner Mobile App and in person.

3.3 The taxi company that provides you with Taxi Services is solely responsible for addressing and, where appropriate, settling all complaints, disputed charges and surcharges including claims of overcharging, adjustments and demands made by you in respect of a Taxi Service. TaxiCharge does not manage and is not responsible for any refund policies, cancellation policies or other purchase terms of the taxi company that provides you with Taxi Services.

4. Conditions of Use

4.1 You are responsible for all use (including where charges are incurred) of your TaxiCharge Partner Mobile App Account which have been authorised by use of your secure pin. We have no obligation to verify any instruction made through your TaxiCharge Partner Mobile App Account.

4.2 Without limiting the above, we recommend that you notify TaxiCharge if your mobile device has been lost or stolen and/or your secure pin has become or may become known by another person or there has been unauthorised access to your TaxiCharge Partner Mobile App Account. TaxiCharge will terminate or suspend your TaxiCharge Partner Mobile App Account as soon as reasonably practicable following any such notification.

4.3 You acknowledge that you are aware of, and accept the risk specifically associated with any breach of the security environment relating to the TaxiCharge Partner Mobile App (including, without limitation, the risk that a third party may gain access to your personal information which is confidential).

4.4 You further agree that:

4.5 You will indemnify TaxiCharge against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against TaxiCharge by any other person as a result of unauthorised access to your TaxiCharge Partner Mobile App Account and/or your breach of these terms and conditions.

4.6 TaxiCharge may suspend the operation of the TaxiCharge Partner Mobile App at any time, including but not limited to for periodic maintenance.

5. Intellectual Property

TaxiCharge owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the TaxiCharge Partner Mobile App. All rights of ownership over and in respect of the TaxiCharge Partner Mobile App (other than the right to use the TaxiCharge Partner Mobile App in accordance with these terms and conditions), shall remain solely with TaxiCharge and/or its licensors (as the case may be). You will not hold yourself out as having any such rights over or in respect of the TaxiCharge Partner Mobile App.

6. Termination

6.1 As a TaxiCharge Partner Mobile App Account Holder, you may terminate your registration with the TaxiCharge Partner Mobile App at any time by permanent deletion of the TaxiCharge Partner Mobile App on your smart phone or upon notice to TaxiCharge

6.2 TaxiCharge reserves the right to suspend or immediately terminate the TaxiCharge Partner Mobile App or Service, or any functionality of the TaxiCharge Partner Mobile App, or your specific use, with or without cause or notice, at any time.

6.3 All provisions of the terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnities and limitations of liability.

7. Limitation of liability

7.1 To the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 will not apply where you use the TaxiCharge Partner Mobile App for business purposes and all other warranties and conditions whether express, implied or statutory with respect to the TaxiCharge Partner Mobile App and the provision of the Service are excluded.

7.2 To the extent permitted by law, in no event shall TaxiCharge, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the TaxiCharge Partner Mobile App (Representatives), be liable under contract, tort (including negligence) or otherwise under or in connection with these terms and conditions and/or your use of or inability to use the TaxiCharge Partner Mobile App, including without limitation for any loss or damage which you may suffer as a result of:

7.3 You acknowledge that the TaxiCharge Partner Mobile App is provided at no charge and accordingly the exclusions of liability set out in this clause are fair and reasonable.

8. Collection and use of information

8.1 In accordance with the Privacy Act 1993:

8.2 We will take all practicable steps to safeguard the confidentiality and security of your personal information but cannot guarantee the security of data. You acknowledge the inherent security risks of providing information over the internet and acknowledge that TaxiCharge is not responsible for any breach of security that is outside of TaxiCharge’s reasonable control. Debit card and credit card information is among the most sensitive and important data that we collect. Debit card and credit card information that is transmitted via our secure servers is encrypted to minimise the risk of unauthorised use of such information.

9. General

9.1 TaxiCharge may transfer its rights or obligations under these terms and conditions to another legal entity without your consent or notice to you.

9.2 If any provision of these terms and conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms and conditions will otherwise remain in full force and effect and enforceable. The failure of TaxiCharge to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

9.3 TaxiCharge may amend these terms and conditions from time to time by publishing an updated version on TaxiCharge’s website: www.taxicharge.co.nz. Please check the terms published on TaxiCharge’s website periodically for changes. Your continued use of the TaxiCharge Partner Mobile App following the posting of any changes to these terms and conditions on the TaxiCharge’s website indicates your acceptance of those changes.

9.4 These terms and conditions are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.

9.5 You can contact us at:

Phone: 09 306 1790 Email: enquiries@taxicharge.co.nz Physical address: Level 4, 210 Khyber Pass Road Newmarket, Auckland 1023 New Zealand