WEBSITE TERMS AND CONDITIONS OF USE
About the Website
(a) Welcome to www.streamlinechauffeurs.com.au (the ‘Website’). The Website Chauffeurs Services (the ‘Services’).
(b) The Website is operated by Streamline Chauffeurs (ABN 85466423150). Access to and use of the Website, or any of its associated Products or Services, is provided by Streamline Chauffeurs. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Streamline Chauffeurs reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Streamline Chauffeurs updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Streamline Chauffeurs in the user interface.
Registration to use the Services
(a) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (Such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Trip details
(b) You warrant that any information you give to Streamline Chauffeurs in the course of completing the booking process will always be accurate, correct and up to date.
(c) Once you have completed the booking process, you will agree to be bound by the Terms.
(d) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Streamline Chauffeurs; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Payments and extra Charges
(a) Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
- Electronic funds transfer (‘EFT’) into our nominated bank account
- Credit Card Payment (‘Credit Card’)
- Cash (‘Cash’)
(b) All payments made in the course of your use of the Services are made using Stripe for accounts and an in car EFT facility In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe and Rydo terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that Streamline Chauffeurs can vary the Services Fee at any time.
(e) Credit Card service fee – in Car- 5% Accounts – Via Stripe 2%
(f) Toll charges are included in all quoted prices.
(g) Airport fees and parking are also included in all quoted prices.
(h) Wait times are charged as follows: First 10 minutes of waiting time of pre-scheduled time organised and posted on the booking confirmation is free of charge and every minute thereafter is charged at $1.00/minute + GST. No waiting time is charged when flights are delayed!
(i) Each stop (up to five minutes) will incur a $10.00 fee. Longer stops will be charged as waiting time ($1.00/min + GST).
(j) The minimum hourly rate is $70.00 an hour.
(k) Vehicles required between 23.00 – 05:00 am will incur a 20% surcharge.
(l) Child safety restraints – $10.00 for up to two seats.
Bookings conditions and Cancellations
(a) A minimum of 2 hours notice is required to cancel a scheduled pick up without a cancellation fee. Less than 2 hours notice will attract a cancellation fee which will equate to 100% of the fare charge.
(b) All no-shows must be paid in full.
(c) The driver has the right to terminate the trip without refund in case of blatant indiscretion on the part of the passenger.
(d) In the event that a passenger or a member of their party causes damage to the vehicle, the customer will be financially responsible for repairing this damage and the cost of off-road time. If the vehicle requires professional detailing inside the vehicle, the booking party will be charged the minimum charge of $200.
(e) Streamline Chauffeurs will not be responsible for delays caused by dangerous road conditions (accidents, road closures, traffic etc.)
(f) During busy periods we may use subcontractor drivers under our supervision. These drivers have their own insurance.
Streamline Chauffeurs will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Streamline Chauffeurs decides, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Streamline Chauffeurs are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Streamline Chauffeurs or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Streamline Chauffeurs, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to: Streamline Chauffeurs does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Streamline Chauffeurs.
(i) use the Website pursuant to the Terms.
(ii) copy and store the Website and the material contained on the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) Streamline Chauffeurs retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you .
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
(d) You may not, without the prior written permission of Streamline Chauffeurs and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(ii) Streamline Chauffeurs will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Streamline Chauffeurs make any express or implied representation or warranty about the Services or any products or Services (Including the products or Services of Streamline Chauffeurs) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorised access to records.
(ii) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website).
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Streamline Chauffeurs; and
(iv) the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
(a) Streamline Chauffeurs ‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Streamline Chauffeurs, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Streamline Chauffeurs as set out below.
(b) If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Streamline Chauffeurs via the ‘Contact Us’ link on our homepage.
(i) providing Streamline Chauffeurs with 2 hours days’ notice of your intention to terminate; and
(ii) closing your accounts for all the services which you use, were Streamline Chauffeurs has made this option available to you.
(c) Streamline Chauffeurs may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision.
(ii) Streamline Chauffeurs is required to do so by law.
(iii) the provision of the Services to you by Streamline Chauffeurs is, in the opinion of Streamline Chauffeurs, no longer commercially viable.
(d) Subject to local applicable laws, Streamline Chauffeurs reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Streamline Chauffeurs ‘s name or reputation or violates the rights of those of another party.
(a) You agree to indemnify Streamline Chauffeurs, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content.
(ii) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
Venue and Jurisdiction
(a) The Services offered by Streamline Chauffeurs is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Full Name: Avi Goldwasser
Date: 2nd October 2021