Website Use

1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, Black & White Cabs and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website,

3. Restrictions.

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  1. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  2. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Black & White Cabs may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Black & White Cabs a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights.Black & White Cabs reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties.

This Website is provided “as is,” with all faults, and Black & White Cabs makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability.

In no event shall Black & White Cabs, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Black & White Cabs, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification.

You hereby indemnify to the fullest extent Black & White Cabs from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

Black & White Cabs is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment.

Black & White Cabs shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Black & White Cabs and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of Queensland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Queensland for the resolution of any disputes.

 

Smartphone App Use

1. Disclaimer.

The Taxi Industry operates on a first available, closest vacant taxi basis and is not a guaranteed service.  Whilst every endeavour is made by Black & White Cabs to fulfil your booking at the requested time, it is not always possible to achieve.  The taxi industry is a demand driven transport service and events outside our control such as weather and traffic delays may affect our service levels.

2. Fare Estimator.

Fares displayed by the ‘Estimate Fare’ feature are estimates only, based on shortest route (not necessarily quickest route, the quickest route may attract a higher fare) and average traffic conditions. Fare estimates are indicative only, this is not a quote and cannot be used for payment negotiations; the final fare charged can vary due to physical locations, traffic conditions, time of day and route driven.

The estimate includes surcharges based on vehicle type chosen (if applicable), but do not include tolls, airport charges or Credit Card or EFTPOS Payment charges. Estimates include GST.

3. Cab Countdown Timer.

The countdown time displayed by the ‘Cab Countdown Timer’ on your App home screen is approximate and should be used as a guide only. The time it takes for a cab to reach you can vary according to: location of the car accepting your booking, traffic conditions, weather conditions and other unforeseen circumstances.

4. Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

By using the Black & White Cabs Smartphone Booking App you agree that you have read and understood the Disclaimer and Privacy Policy supplied within the App and on www.blackandwhitecabs.com.au.