Effective Date: 04, 01, 2019

Last Updated: 04, 01, 2019

Section 1- Introduction

These Terms of Use (“Terms”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available to you by Busways Group Pty Ltd and its affiliates and subsidiaries (“Busways,” “Company,” “we,” “us”). “You” and “users” shall mean all users of the Service.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and Busways. If you do not agree to these Terms, you may not access or use the Services. Busways may amend these Terms from time to time. Amendments will be effective upon Busways’ posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Busways’ Privacy Policy located at https://www.busbot.com.au/privacy-policy/.

Section 2 – The Services

The Services constitute a technology platform that enables users of the BusBot mobile app (the “App”) to, among other things, request, schedule, and rate rides provided through the BusBot Autonomous Vehicle trial program. Unless otherwise agreed by Busways in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

The Service is currently being offered as a pilot, and as such is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the Service’s limited capacity during the pilot and our anticipation of demand for the Service and have no discriminatory rationale or intention.

Section 3- Eligibility to Use the Service

By using the BusBot App, you represent that you are of legal age in your state or territory of residence, or that you are of legal age in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at info@busbot.com.au.

Children, eight years of age and under are required by law to use a child safety seat, a booster seat, or other safety restraint system (unless over a height of 4’9″). NEED WORDS HERE FOR CHILD RESTRAINT EXEMPTION??, in the BusBot vehicle. For this reason, all children age eight and under are required to travel with an adult. Busways is not responsible for the safety of the child and NEED WORDS HERE.

Agent of a Company, Entity, or Organisation. If you are using the Service on behalf of a company, entity, or organization (collectively “Organisation“), then you represent and warrant that you:

1. are an authorized representative of that Organisation;
2. have the authority to bind that Organisation to these Terms; and
3. agree to be bound by these Terms on behalf of that Organisation.

Section 4 – Your Account and Log-In Credentials

To use the Service, you may need to log-in by providing a username, password, and mobile phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behaviour of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorised access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Service. You represent and warrant that the information you provide the Compnay upon use of the Service and at all other times will be true, accurate, current, and complete.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Company by e-mail at info@busbot.com.au. You will be solely responsible for the losses incurred by the Company and others due to any unauthorised use of your account.

If you choose to set up your Account to electronically. You agree to maintain accurate, complete, and up-to-date information in your Account. You grant Busways the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf.

There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Busways’ security systems or Busways’ contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. Busways is not responsible for any data obtained by third parties in an unauthorized manner.

Section 5- License

Subject to your compliance with these Terms of Service, Busways grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Busways and Busways’ licensors.

Although Busways strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available through the Services is subject to frequent change. Accordingly, the content, information, and related materials available through the Services may not be up-to-date, accurate, or complete at all times.

Section 6 – Code of Conduct

In connection with your use of the Services, you agree that you will not:

• Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
• Use the Services for any unlawful purpose;
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
• Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
• Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
• Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
• Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.

Section 7 – Consent to Receive Emails and Text Messages

By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from Busways at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.

Section 8 – Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. Busways does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Section 9 – Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BUSWAYS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BUSWAYS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Section 10 – Limitation of Liability

BUSWAYS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BUSWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUSWAYS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS’ SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF BUSWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUSWAYS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BUSWAYS’ REASONABLE CONTROL. IN NO EVENT SHALL BUSWAYS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED A.U. DOLLARS (AU $100).

Section 11 – Indemnity

You agree to indemnify and hold Busways and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, all without, however, waiving any governmental immunity available to Busways under NSW law.

Section 12 – Termination

These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms, your right to use the Services shall immediately cease. You agree that Busways may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.

Section 13 – Choice of Law

These Terms and the rights and obligations of the parties under these Terms of Use will be governed by, and construed and interpreted in accordance with, the laws of the State of New South Wales, excluding its rules of conflicts of law. Any and all obligations under these Terms of Use are due in NSW and the parties hereby irrevocably consent to the jurisdiction of the courts in NSW, with respect to all disputes arising out of these Terms of Use.

Section 14 – Notice

Busways may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Busways, with such notice deemed given when received by Busways, at any time by registered express mail or pre-paid post to Busways Group Pty Ltd, 5 Bridge Street, Pymble, NSW 2073.

Section 15 – General

You may not assign these Terms without Busways’ prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Busways as a result of this agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Busways’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Busways in writing.

Effective Date

This policy is effective as of 04, 01, 2019.

Busways

5 Bridge Street

Pymble, NSW 2073

Busways is the local transit provider for Transport for NSW