ONLINE TERMS AND CONDITIONS
- LuxCar Pty Ltd ABN 56 167 641 241, its successors and assignees (referred to as "we", "us"
or "our") provides a booking and payment platform for you, the person, organisation or entity
described in the Quote (referred to as "you" or "your"), to book a chauffeur driven luxury hire
vehicle as described on our website at www.luxcar.com.au (Site) or as confirmed by us over the
telephone or email (Services).
- These Terms and Conditions (Terms) are between us and you, and collectively the Parties.
These Terms apply to all sales made by us to you. These Terms are available on our Site.
- These Terms supplement and incorporate:
- our policies and terms and conditions,
- the PayPal Terms of Service including,
without limitation, the User Agreement.
- You have requested the Services set out in the Quote. You accept the Services and these
Terms by either:
- confirming by email that you accept the Quote; or
- confirming online that you accept the Quote;
- confirming over the telephone that you accept the Quote;
- instructing us to proceed with the Services; or
- making full payment for the Services, set out in the Quote or our tax invoice to you (Invoice).
- You agree that these Terms form the agreement under which we will supply Services to you.
Please read these Terms carefully. Please contact us if you have any questions using the contact
details in the Quote. Purchasing Services from us indicates that you have had sufficient
read these Terms and contact us if needed, that you have read, accepted and will comply with these
Terms, and that you are 18 years or
older, or have the consent of a legal guardian
who is 18 years or older. You must not order or use the Services if you are under 18 years of
age or do not have the consent of a legal
guardian who is 18 years or older. If you do not agree to these Terms, you must not use or purchase
our Services from us.
- We will not commence performing the Services until you have paid the amount due in our
Quote or our Invoice.
- REGISTRATION AND SERVICES
- You must register on the Site and create an
account (Account) to access some Services and features on the Site.
- You may only have one (1) Account on the Site.
- Basic information is required when registering
on the Site for an Account. You are required to provide certain information including name, phone
number, email address and location and select a username and password. You are also required to
provide us with an authorisation to charge your debit card/credit card for payment upfront of our
Services and any additional charges which may be incurred including but not limited to driver
waiting time, overtime, cleaning charges etc. Providing feedback for our Services is optional.
- You agree to provide accurate, current and complete information during the registration
process and to update such information to keep it accurate, current and complete. We reserve the
right to suspend or terminate any Account and your access to the Services if any information
provided to us proves to be inaccurate, not current or incomplete.
- To keep information secure and confidential, we use SSL Certificates to establish an
encrypted link between a server and you. You
will be requested by us to change you password at regular intervals. Further information on the
- It is your responsibility to keep your Account details, username and password
confidential. You are liable for all activity on your Account, including purchases made using your
account details. You agree that you will not disclose your password to any third party and that you
will take sole responsibility for any activities or actions under your Account, whether or not you
authorised such activities or actions.
- You will immediately notify us of any unauthorised use of your Account.
- We agree to perform the Services with due care and skill.
- We reserve the right to refuse any request that we deem inappropriate, unreasonable or
- You may request additional services via the Site or by contacting us by email or telephone.
You must pay any fees for such additional services
as set out on the Site. You will be expected to pay any fees for such additional services before we commence performing them.
- We may provide the Services to you using our employees, contractors and third party providers, and they are included in these Terms.
- Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the services provided by Third Parties.
- We may need to change the Services in order to comply with any changes in the applicable safety, regulatory or statutory requirements. If the change in Service will materially affect you we will contact you prior to the Services being provided to inform you of the change. If the change will detrimentally affect you may cancel the Service without incurring a cancellation fee.
- WAITING TIMES
- We will not wait longer than the waiting time provided for in the Quote unless you have paid us an additional fee. If you fail to meet the driver and vehicle in accordance with the Quote, the driver and vehicle may leave the nominated pick up point without notice to you. You will still be liable for the Price of the Services if you fail to show up.
- If you exceed the waiting time and the drive continues to wait for you, you will be charged a extra waiting time fee of $2.00 per minute (Waiting Fee). The Waiting Fee will be charged to you automatically in accordance with the method you paid for the Services.
- PRICE, INVOICING AND PAYMENT
- You agree to pay us the fees and expenses for the Services that you have requested, as set out in the Quote (Price). All amounts are stated in Australian dollars and include Australian GST (where applicable). All amount are inclusive of all compulsory Government or regulatory charges and subject to change at any time prior to payment of the full amount. A surcharge may apply if you request the Service on a public holiday, outside of regular business the hours of, or during peak periods of demand.
- You may pay for the Services by PayPal, debit or credit card. The payment will be processed upon receipt of the request for the Services. You must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If your payment is not able to be successfully processed then the request for the Services will be cancelled.
- In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any
reason. Further, you agree to satisfy all such payments made.
- If you make a payment by debit or credit card including via PayPal, you warrant that the information provided to us is true, accurate and complete, that you are authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that you will maintain sufficient funds in the account to cover our fees.
- The Price and Services can be varied by written agreement between us, including by email.
- If you are a corporate entity we may agree to invoice you on terms as described in the Quote (Invoice Terms). You agree to pay our Invoices within the Invoice Terms. If an Invoice is unpaid for more than 1 day we will cease to provide the Services to you until we receive payment of the Invoice.
- We may charge interest at the rate of 2% per month on any amounts unpaid after the expiry of 7 days after the payment date.
- If invoices are unpaid for 7 days after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
- We reserve the right to report bad debts to independent credit data agencies.
- In the event you cancel the Services, we will charge a cancellation fee in accordance with clause 9.
- Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are provided to you or if you enter into a new Quote, whichever is earlier.
- YOUR OBLIGATIONS AND WARRANTIES
- You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior 12 month period.
- You warrant that throughout the term of these Terms that:
- there are no legal restrictions preventing you from agreeing to these Terms;
- you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to (c) the information you provide to us is true, correct and complete;
- you will not infringe any third party rights in working with us and receiving the Services;
- you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
- you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
- you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
- if applicable, you hold a valid ABN which has been advised to us; and
- if applicable, you are registered for GST purposes.
- USE AND DAMAGE
- Unless specified in the Quote consumption of food and beverages in the vehicle is prohibited at all times.
- Smoking in the vehicle is prohibited at all times.
- No pets are permitted in the vehicle without our prior written consent.
- If you or any passenger behaves in a manner which the drive considers to be unsafe, offensive or which may damage the vehicle including being intoxicated, the driver may immediately cancel the Services and evict you from the vehicle. You will not be refunded for any part of the Services if you are evicted from the vehicle.
- You agree that all passengers will wear their seatbelts and comply with all relevant road rules. Any failure to comply may be considered unsafe behaviour, and the passengers may be evicted in accordance with clause 6.4.
- You agree that you will be liable for the full cost of any damage to or additional cleaning required of the vehicle used to provide the Services where caused by the act or omission of the passengers.
- Any deductions for damage to of cleaning of the vehicle that you cause will be taken from the credit or debit card details you have supplied.
- You agree that due to the road and location conditions, we may not be able to pick up or
deliver the passengers to the location as specified in the Quote. If this is the case the driver will endeavour to pick-up or deliver passengers at the closest possible point. If this occurs you will not be eligible for a refund.
- DISCOUNT CODES AND PROMOTIONS
- We may from time to time offer promotional discount codes, which may be applicable to our Services on the Site, and must be entered at the time of ordering the Services. The conditions of use relating to any discount code will be specified at the time that it is issued.
- OUR INTELLECTUAL PROPERTY
- The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
- You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
- Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
- You must not breach our Intellectual Property rights by, including but not limited to:
- altering or modifying any of the Materials;
- creating derivative works from the Materials; or
- using our Materials for commercial purposes such as onsale to third parties.
- CONFIDENTIAL INFORMATION
- You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
- These obligations do not apply to Confidential Information that:
- is authorised to be disclosed;
- is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
- is received from a third party, except where there has been a breach of confidence; or
- must be disclosed by law or by a regulatory authority including under subpoena.
- The obligations under this clause will survive termination of these Terms.
- FEEDBACK AND DISPUTE RESOLUTION
- Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
- If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
- If you need to cancel the Services and these Terms please notify us in writing as soon as possible.
- A cancellation will not take effect until we have received written confirmation from you.
- If you cancel your booking you will be charged a cancellation fee as follows:
- More than 48 hours prior to the booking = 15% of the Price; or
- Less 48 hours prior to the booking = 100% of the Price.
- If the fees are refundable, we will refund the amount minus the cancellation fee within 14 days of the booking.
- If any amount of the Price is outstanding at the time you cancel the Services and these Terms, any amount you owe us will become immediately payable.
- We may cancel the Services and these Terms immediately, at our sole discretion, if:
- we consider that a booking request is inappropriate, improper or unlawful;
- you fail to provide us with clear or timely instructions to enable us to provide the Services;
- you post any disparaging or disrespectful comments about us or any other user on social media;
- for any other reason outside our control which has the effect of compromising our ability to provide the Services to you within the booking period; or
- you fail to pay the, fees and expenses within the Invoice Terms.
- If we are unable to provide you with the Services during the booking time requested due to a reason outside of our control we will contact you as soon as possible and refund you any amount that you have paid to us.
- On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
- The accrued rights, obligations and remedies of the Parties are not affected by the cancellation of the Services or of these Terms
- BOOKING AMENDMENTS
- You can request us to amend your booking by changing the dates or times of the Services subject to availability and applicable pricing by giving us at least 48 hour written notice.
- If we are unable to accommodate your request the Services will be cancelled in accordance with clause 9 of these Terms.
- CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
- ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
- Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or as a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from the Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
- Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out in the Quote where it is affected by your delay in response, or supply of incomplete or incorrect information.
- Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
- Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
- implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
- the Services being unavailable; and
- any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
- Limitation: To the extent permitted by law our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in relation to the Services in which the event giving rise to the liability occurred, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
- This clause 10 will survive termination of these Terms.
- You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
- any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
- any breach of these Terms; and (c) any misuse of the Services from or by you, your employees, contractors or agents.
- You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
- The obligations under this clause will survive termination of these Terms.
- Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- Cancellation of Registration: If you wish to cancel your online registration, you will need to do so by writing an email to email@example.com .
- Fraudulent Activities: You acknowledge and agrees that, in the event we reasonably suspect that there are fraudulent activities occurring within the Site and Services, we reserve the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
- Termination: We reserve the right to refuse supply of the Services required by you and/or terminate your Account without incurring any liability to you. If we decide to terminate your Account any of the following may occur, with or without notice to you: (a) your Account will be deactivated, your password will be disabled and you will not be able to access the Services, or your Account; (b) any pending or future booking for the Services will be immediately terminated; and (c) you will not be entitled to any compensation for Services that were cancelled as a result of a suspension, deactivation or termination of your Account.
- Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
- Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
- GST: If and when applicable, GST payable in connection with the supply of the Services will be set out on our Invoices. You agree to pay us an amount equivalent to the GST payable on the supply at the same time that you pay our Invoices.
- Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
- Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written
consent of the other Party (such consent not to be unreasonably withheld).
- Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
- Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days' notice in writing.
- Notices: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party. Any notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email or facsimile.
- Jurisdiction & Applicable Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
- Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales, Australia.
- Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
- Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
- GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
- Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and
unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, idea, information, process, data or formula, business names, company names or internet domain names.
- Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
Luxcar Pty Ltd ABN 56 167 641 241
1101/15 Castlereagh Street, Sydney NSW 2000
1300 589 227