Agreement between User and CHAMP Australia Pty Ltd
Thank you for using our Services. These are our relevant general terms and conditions (Terms and Conditions) that apply to your visit to and your use of our website at www.champ.com.au (Website), our Services and Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through our Website, Service and/or Application.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.
Your contracting party is Champ Australia Pty Ltd ACN 23632787734, provides you with the Services, Application and Website (Champ, we, our).
Champ is a Commercial Passenger Vehcile Booking Service enabling you to book for, a vehicle using an application supplied by us and downloaded and installed by you on your mobile device (smartphone) (Application) or via our Website. Champ connects you to drivers so that they may pick you up and take you where you need to go. The Application allows you to track the driver’s location and manage other functions. All services provided to you by means of you use of the Application and/or Website are collectively referred to as the Service.
Champ does not provide transportation services. Champ facilitates the formation and administration of travel arrangements between you and drivers. By using our Services, you are acknowledging that Champ is not providing you with transportation services and agreeing that Champ has no responsibility or liability for any transportation services provided to you by drivers.
Further information about us can be found at www.champ.com.au.
1. General terms and condition
By registering on our Website or Application, you consent to the validity of these Terms and Conditions. Neither the registration nor the use of the complete spectrum of Services shall be possible without explicit consent to these Terms and Conditions.
We reserve the right to amend these Terms and Conditions at any time. Following such amendment, the continued use of our Services by you is subject to your consent to such amended terms and conditions. Your continued use of the Services following posting of any changes to this agreement constitutes acceptance of those changes. It is your responsibility to check this agreement periodically for changes. Champ may also, in the future offer news services and/or features through the Services. Such new features and/or services shall be subject to these Terms and Conditions.
2. Your agreement with us
By using our Services, you are entering into an agreement with us to be bound by these Terms and Conditions. In order to be able to first use our Services, you first need to sign up with us. When signing up, you are obliged to provide us with your personal information. Upon successful completion of your signing up with us, we will provide you with a personal account, accessible for you with a password of your choice. You may also choose to provide us with your credit card or Cabcharge account details.
The use of our Services is free of charge. We reserve the right to introduce a fee for the use of our Services. If we decide to introduce such a fee, we shall inform you accordingly and allow you to either continue or terminate using our Services.
In some cases, we may authorise a temporary charge on your credit card (or whatever payment method you use) for any amount up to $1 to verify that your card is open and in good standing. This charge will appear as ‘pending’ and will be automatically removed after verification.
We shall charge you for the services provided to you by the drivers on behalf of the drivers. You agree that you will pay for all services, and that we may charge your credit card or Cabcharge account as provided by you for the services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid credit card or Cabcharge account for payment of all fees at all times. Any payment made is non-refundable.
Charges to you will include, but not be limited to, the metered fare plus any tolls that may apply to your ride. You agree to pay an additional service fee of 5% in New South Wales, Victoria, South Australia, Queensland, Western Australia and the Australian Capital Territory and 10% in the Northern Territory and Tasmania. This charge will be added to your fare at the end of your trip.
If we use a third-party payment processor (the "Payment Processor") to link your credit card account to the Service, this paragraph will apply. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions. We are not responsible for any errors by the Payment Processor. In connection with your use of the Services, we will obtain certain transaction details, which we will use solely in accordance with its Privacy and Cookie Notice.
4. Links to Third Party Sites
The Champ Services may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Champ and Champ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Champ is not responsible for webcasting or any other form of transmission received from any Linked Site. Champ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Champ of the site or any association with its operators.
5. No Unlawful or Prohibited Use
You warrant that the information you provide to us is accurate and complete. We are always entitled to verify the information that you have provided and to refuse the Service without providing reasons.
You may only access the Service using authorised means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible mobile device or you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorised device.
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You will only use the Services or download the Application for your sole, personal use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
Champ reserves the rights to immediately terminate the Services and use of the Application should you not comply with any of the above rules.
6. Use of Communication Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Champ has no obligation to monitor the Communication Services. However, Champ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Champ reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
Champ always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Champ's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Champ does not control or endorse the content, messages or information found in any Communication Service and, therefore, Champ specifically disclaims any liability about the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Champ spokespersons, and their views do not necessarily reflect those of Champ.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
7. Term and termination
The agreement between us and you are concluded for an indefinite period.
You are always entitled to terminate the agreement by permanent deletion of the Application installed on your smart phone or closing your user account thus disabling the use by you of the Application and the Service.
We are always entitled to terminate the agreement and with immediate effect (by disabling your use of the Application and the Service) if you:
8. Materials Provided to Champ or posted on the Website
Champ does not claim ownership of the materials you provide to Champ (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively Submissions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Champ, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Champ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Champ 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
9. Information for Personal, Non-Commercial Use Only
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on our Services for establishing, maintaining, advancing or reproducing information contained on our Services on your own website, application or in any other publication, except with our prior written consent.
You agree that Champ may collect and use, personal information, technical data and related information – including but not limited to technical information about your device, system and application software and peripherals – that is gathered periodically to facilitate the provisions of software updates, product support, and other services to you (if any) related to the Services and to administer those Services. We may also use information to develop new products and services, attend to your enquiries, seek feedback, or tell you about other products or services offered by Champ and its related companies. We may base this information if it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
We will not use or disclose personal information about you for a purpose (the secondary purpose) other than the primary purpose of collection unless:
The above operates in relation to personal information that Champ has collected from a related body corporate as if Champ’s primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.
11. Liability Disclaimer
The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information. Champ and/or its suppliers may make improvements and/or changes in the Services at any time. Advice received via the Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Champ and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Champ and/or its suppliers hereby disclaim all warranties and conditions about this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Service contact: firstname.lastname@example.org
By accepting these terms and conditions and using the Services, you agree to indemnify and hold Champ, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyer’s fees and costs) arising out of or in connections with your use of the Services, including but not limited to your violation of these Terms and Conditions.
13. Termination/Access Restriction
Champ reserves the right, in its sole discretion, to terminate your access to the Champ Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of New South Wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of the Champ Web Site.
14. Copyright and Trademark Notices:
All contents of the Champ Services are: Copyright 2019 Champ Pty Ltd and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Unless otherwise indicated, copyright in all information and other materials on our Services (including information and its arrangement) is owned by or licensed to Champ. All rights are reserved.
Nothing contained on this site should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written consent of Champ.
17. Applicable Law
These Terms and Conditions and all disputes arising in connection with these Terms & Conditions and/or with the use of the Services are governed by the laws of Australia.