Supercab Support

TERMS OF SERVICE

Supercab (“us”, “we” or “our” as the context requires) is a business providing price comparison service in Australia for airport transfer and tour operator services (“All Car Booking Services”) to users via our, apps and other platforms (“All Car Booking Platforms”).

Supercab is not a travel agent and is not responsible for providing, or for setting or controlling the prices applicable to, any of the options or products which you may search for, find on and/or book via Supercab Services or Supercab Platforms (“Third-Party Travel Products”). All such Third-Party Travel Products are provided by independent operators or other third parties and are subject to the terms and conditions imposed by those third parties.

These terms and conditions (“Terms”) govern your access to and use of the Supercab Services and/or Supercab Platforms and, together with our privacy policy, constitute a legal agreement between you and Supercab. By downloading, accessing or otherwise using the Supercab Services and/or Supercab Platforms, you are confirming that you have read, understood and

We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via Supercab Services and/or Supercab Platforms and you will be considered to have accepted any amendments if you continue using Supercab Services and/or Supercab Platforms after the amendments are displayed.

If you do not accept all of these Terms then you should not use Supercab Services or Supercab Platforms.

You may only use Supercab Services and Supercab Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive license to download, access and use Supercab Services and/or Supercab Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:

• use the Supercab Services and/or Supercab Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Supercab.
• use the Supercab Services and/or Supercab Platforms for any commercial purpose or in any manner which may cause damage to Supercab or bring Supercab into disrepute.
• disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Supercab Services and/or Supercab Platforms, except as permitted by law.
• copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Supercab Services and/or Supercab Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Supercab Services and/or Supercab Platforms.
• use or interfere with the Supercab Services and/or Supercab Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• introduce onto, or transmit via, the Supercab Services and/or Supercab Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock.
• remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Supercab Services and/or Supercab Platforms or pass off or attempt to pass off the Supercab Services and/or Supercab Platforms as the product of anyone other than Supercab.
• use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Supercab Services and/or Supercab Platforms or any part thereof.

When you sign up for any feature of, or use, the Supercab Services and/or Supercab Platforms that requires the use of a login account or password, you agree that you shall be responsible for keeping those passwords and login details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can.

Supercab Services and Supercab Platforms are not intended for children under 13 years of age, and no one under the age of 13 may provide any information to, on or via Supercab Services and/or Supercab Platforms. We do not knowingly collect personal information from children under 13, and if we learn that we have collected or received personal information from a child under 13, we will delete that information in accordance with our privacy policy.

To the extent that any element of Supercab Services and/or Supercab Platforms is hosted on a third-party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third-party website, you agree to fully comply with such terms and conditions.

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiable information which you submit to or via Supercab Services and/or Supercab Platforms may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy.

To the extent that Supercab Services and/or Supercab Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Supercab or other Supercab users (“User Content”), you agree that:

• you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the license referred to in paragraph (b) below in respect of.
• although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Supercab and its group companies a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing the Supercab Services and/or Supercab Platforms.
• we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.

To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by email.

Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Supercab Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to Supercab. You acknowledge that by using Supercab Services and/or the Supercab Platforms, you will not acquire any right, title or interest in or to Supercab Services and/or Supercab Platforms or in or to the Intellectual Property Rights, except for the limited license to use Supercab Services and Supercab Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of Supercab Services and/or Supercab Platforms in source-code form.

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on Supercab Services and/or Supercab Platforms, please send a written notification of such infringement by email.

Your use of Supercab Services and/or Supercab Platforms is entirely at your own risk.

Although we enforce strict ‘price accuracy’ policies with all partners who provide us with travel data and endeavor to ensure that the content displayed on or via the Supercab Services and Platforms is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide Supercab Services and Platforms on an “as-is” basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that Supercab Services and Supercab Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.

Supercab is not a travel agent and is not responsible for providing any travel options displayed via Supercab Services and/or Supercab Platforms or for setting or controlling the prices we display. Any Third-Party Travel Products that you find and/or book via the Supercab Services and/or Supercab Platforms are provided by independent operators or other third parties (“Travel Providers”).

Supercab facilitates your reservations with Travel Providers but is not responsible and has no liability to you as regards such reservations. The identity of the relevant Travel Provider and the terms and conditions applicable to your reservation with them (“Travel Provider Terms”) will be notified to you at the time of reservation and you should ensure that you read and fully understand them before completing your reservation.

The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event something goes wrong.

You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flyer miles and other benefits, and additional charges.

These Terms set out the full extent of All Car Booking’s obligations and liabilities with respect to Supercab Services and Platforms.

Supercab has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of Supercab Services and/or Supercab Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any reservation you make or attempt to make via Supercab, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Supercab. When Supercab Services and/or Supercab Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may see advertising material submitted by third parties on Supercab Services and/or Supercab Platforms. Each individual advertiser is solely responsible for the content of its advertising material and Supercab accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Supercab Services and/or Supercab Platforms; or (b) any act of God, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, Supercab Services and/or Supercab Platforms or any content contained provided therein.

Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with your use of the Supercab Services and/or Supercab Platforms or breach of these Terms.

Supercab may, at its absolute discretion, immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. Supercab may suspend your use of Supercab Services and/or Supercab Platforms without notice at any time, without incurring any liability to you whatsoever.

You acknowledge that your unauthorized use of Supercab Services and/or Supercab Platforms may result in irreparable damage and injury to Supercab and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorized use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Supercab Services and/or Supercab Platforms.

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

These Terms represent the entire agreement between us and you and they supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of Supercab Services and/or Supercab Platforms.

We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below, to the attention of our ‘General Counsel’.

Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.

A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

These Terms and your use of Supercab Services and/or Supercab Platforms shall be governed in accordance with the laws of Victoria, Australia and you are considered to have submitted to the non-exclusive jurisdiction of the courts of alternate dispute resolution protocols as specifically provided by the Australian Disputes Centre (ADC) to resolve any disputes by way of mediation and arbitration which may arise hereunder.

Supercab allows you to book your ride directly on the Supercab website. In addition, Supercab makes the booking process easy by making sure all prices are fixed, by holding your booking money on your behalf until after travel, and making available 100% refunds in certain cases.

Plans may change, so Supercab guarantees a 100% refund on cancellations, with no cancellation fees, on all cancellations received prior to pick-up with advanced notice as per the policy below.

Please contact Supercab as soon as possible for cancellations on confirmed bookings so that we can issue your refund.

Cancellation of your booking can be done at any time prior to your pick-up departure time. In order to make a cancellation, you must notify Supercab. You should notify Supercab as soon as possible to make sure you are entitled to a refund.

Your booking is not cancelled within our terms until Supercab approves your cancellation. The time of cancellation is considered to be the time Supercab receives your cancellation request.

You are entitled for a 100% refund on your booking, with no cancellation fees, for cancellations made more than 24 hours prior to your pick-up departure time.

You are not entitled for any refund on your booking for cancellations 24 hours or less prior to your pick-up departure time.

You may change your booking details at any time more than 24 hours prior to your pick-up departure time. In order to make a change, you must notify us as soon as you are able for any changes to your booking details.

Your booking details are not changed in terms of our policy until the change is confirmed. The time of the change is considered to be the time that the change is confirmed.

It is suggested that you call to make any changes immediately as you need them.

It is usually not possible to make changes to bookings 24 hours or less prior to your pick-up departure time, except at our sole discretion.

You are entitled to no fees for changing your booking details, for changes more than 24 hours before to your pick-up departure time, so long as the total cost of your transfer remains the same.

If booking changes result in further charges in addition to the amount previously paid, you will need to settle the difference with us.If booking changes result in lesser charges in addition to the amount previously paid, no partial refund is possible.

Should you have some trouble with your transport, you should immediately contact us. We will do our best to resolve any dispute as quickly as possible.

If appropriate, to issue a full or partial refund, Supercab will refund the appropriate amount within 24 hours.

In the instance of a dispute, Supercab has the final say over whether a refund will apply. Supercab is not able to offer any other resolution than a refund.

Notwithstanding your transport supplier’s best intentions, your best intentions, and the capabilities of the Supercab website, your travel plans may go awry. Please note Supercab is not liable for any loss or damages

incurred as a result of a transport booking via Supercab.

By using Supercab you agree to Supercab Terms and Conditions.