LAST UPDATED 1ST OCTOBER 2014
Use of the App
Subject to these App Terms, OT grants you a limited, revocable, non-transferable and non-exclusive personal licence to access and use the App for non-commercial purposes on any iOS device that you own or control. Any unauthorised use by you of the App or any and/or all of our content automatically terminates the limited licences in these App Terms, without limiting any other remedy provided by applicable law or these App Terms.
Restrictions on use
You may only use this App to engage with the augmented reality activity and its intended functionalities. You must not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this App in any way. Except to the extent that the Copyright Act 1968 (C) allows you to do so, you must not reverse engineer, decompile, disassemble, or extract any element of and/or otherwise discover any source code, algorithms, methods or techniques embodied in the App. You must not modify, pledge, sub-license, rent, lease, or create derivative works based on the App, including its user interfaces. The source and object code of the App must not be accessed, examined or shared except as permitted by law.
Fee and Charges
ONTAP App users will be charged a fee for services provided by ONTAP Driver via the end-user's pre-authorised credit card. The charge rate will be calculated by the ONTAP platform. The fare calculation will vary depending on the city in which the service was provided.
Cancellation fees - will apply is the end-user cancels the booking more ninety (90) seconds after the booking has accepted the booking.
Minimum fees - will apply to all services provided, including any cancellation for an 'Airport PickUp' service.
Minimum fares for all 'Airport Pick-Up' and 'Airport Drop-off' fares, to or from any suburb are as follows;
- Melbourne airport: ECO=$44, BLK=$80, LUX=$102, SUV=$
- Avalon airport: ECO=$101, BLK=$140, LUX=$205, SUV=$
- Sydney Domestic airport: ECO=$44, BLK=$65, LUX=$90
- Sydney International airport: ECO=$44, BLK=$75, LUX=$102
If the chosen credit card is declined, then ONTAP reserves the right to process the payment with an alternate credit card on file before contacting you to recover the monies owned for services rendered.
Your content and other websites
Links on the App may take you outside of the OT owned content and network and OT accepts no responsibility for the content, accuracy or function of third party websites at any time. Your relationship with, and any activities on, any third party website is governed by that website's terms and conditions and you cannot invoke a third party website's terms and conditions in your legal relationship with OT. Use of the additional information collected from you by third parties such as Facebook, Twitter and Instagram, Pinterest when you choose to "share" photos or comments from the App to those sites will also be subject to those sites' privacy and platform policies. You must not post or share offensive or unlawful content via the App.
This App is presented "as is" and "as available". As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law ("Consumer Rights"), which cannot be excluded or limited by OT. Your Consumer Rights include statutory guarantees that any services supplied to you will be provided in a timely manner and with reasonable care and skill, and will be fit for any notified purpose. Nothing in the App Terms is intended to exclude, restrict or modify your Consumer Rights.
However, to the extent that it is permitted by law to do so, OT makes no representations or warranties, express or implied, under OT other than the Australian Consumer Law with respect to the availability, performance, security, characteristics or operation of the App, and will not be responsible for breach of any such implied term.
To the full extent permitted by law OT limits its liability for a breach of your Consumer Rights, at the option of OT, to:
- (a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again;
- (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
You agree that, to the fullest extent permitted by applicable law, OT will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any (i) interruption of business; (ii) access delays to, access interruptions to, suspension of or discontinuation of the App; (iii) data non-delivery, misdelivery, corruption, destruction or other modification; (iv) loss or damages of any sort incurred as a result of dealings with the App; (v) viruses, system failures or malfunctions which may occur in connection with your use of the App; (vi) any inaccuracies or omissions in content; or (vii) events beyond OT's reasonable control.
You agree to be liable to and hold harmless OT, its partners, officers, drivers, operators, employees, agents, licensors, suppliers, attorneys and all other persons providing information from and against all liability, damage, loss, costs, fees (including reasonable legal fees) arising out of or in connection with any breach by you of these App Terms and any and all unauthorised use you may make of any materials on this App.
Modification of App Terms
OT reserves the right to add to, change or discontinue the content contained in, or any other aspect of, this App at any time, without notice and without liability. Please check the ONTAP app on your handset regularly for changes proposed by OT to these App Terms as your continued use of this App will signify your acceptance of any proposed changed App Terms. Please uninstall the App if you do not agree to the amended App Terms.
All information and content available on the App and its “look and feel”, including but not limited to trade marks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation of them (collectively, the "App Content") is the property of OT, our affiliates, partners, licensors, or third parties and is protected by Australian and international OT, including OT governing copyrights and trade marks. Except as set out in the limited licenses above, or as required under applicable law, neither the App Content nor any portion of the App may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. All rights not expressly granted are reserved.
End-User terms required by Apple
You acknowledge and agree that: (i) this Agreement is concluded between you and OT, not you and Apple, Inc ("Apple")); (ii) OT and its licensors, and not Apple, are solely responsible for the App; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App; (iv) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) you paid for the App; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and Apple will have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty; (vi) Apple is not responsible for addressing any claims that you or any third party make relating to the App or your possession and/or use of that App including: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation; (vii) Apple is not responsible for the investigation, defence, settlement or discharge of any third party claim that the App infringes that third party's intellectual property rights; (viii) you will comply with any relevant third party terms of agreement when using the App; and (ix) Apple and its subsidiaries are third party beneficiaries of the Agreement and, upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce the Agreement against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
OT, not Apple, is responsible for addressing any questions, comments or claims relating to the App and your use of the App. If you have any question, comments or complaints relating to the App please contact OT : Privacy Officer at ONTAP email@example.com
These App Terms shall be governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
About this policy
ONTAP Technologies Pty Ltd ("OT"), owner and operator of the ONTAP application, is committed to protecting the privacy of any personal information it holds about individuals in accordance with the applicable OT. OT implemented measures to comply with its obligations under the relevant Australian and New Zealand privacy laws.
Why does ONTAP collect my personal information?
ONTAP collects your personal information to allow it to perform its business functions. For example, ONTAP will collect your personal information to enable you to make secure bookings and transactions and or to allow ONTAP to market its current and future products and services to you, or that of its suppliers that include lifestyle brands, related events and promotions that are deemed, by ONTAP, to be relevant to your usage profile and preferences.
What personal information does ONTAP collect?
The types of personal information ONTAP collects will depend on the nature of your dealings with ONTAP and may (but does not always) include:
- your name; mobile number; email address
- pickup and destination locations
- payment details (e.g. credit card number).
- operating system and platform,
- the average time spent on the OnTap app or website, pages viewed, information searched for, access time, personal preferences and other relevant statistics.
If necessary, ONTAP may also ask you to provide it with additional personal information from time to time. Importantly, ONTAP does not collect any personal information it does not need to perform a business function, and generally it will not collect any information about you without your prior consent.
What if you don’t provide ONTAP the personal information it requires?
If you can’t, or won’t, provide ONTAP with the personal information it reasonably requires, ONTAP may be unable to provide you with the information, goods or services you have requested.
How does ONTAP collect my personal information?
OnTap tries to collect personal information directly from you. That collection generally occurs when you:
- request information from, or have dealings directly with ONTAP or one of its related companies, industry related business partners, or third-party promotional partners;
- participate in a competition or trade promotion conducted by ONTAP or one of its related companies;
- participate in a survey conducted by ONTAP or one of its related companies , industry related business partners, or third-party promotional partners;
- purchase rides or merchandise from the App or a website operated by ONTAP or one of its related companies;
- access or request information from ONTAP’s application or website or the website of one of its related companies; or
- provide information to ONTAP’s customer service call centre.
In some circumstances however, ONTAP may also collect your personal information from third parties, but where it does so, it will ensure that it acts in accordance with relevant privacy OT. ONTAP will take reasonable steps to ensure that you are aware of the purposes for which it collects your personal information.
How does ONTAP use my personal information?
OnTap uses your personal information for purposes including (but not limited to):
- providing you with the ONTAP goods or services you request;
- promoting and marketing ONTAP’s current and future products and services to you;
- informing you of upcoming events, special promotions and offers, discounts and other matters which ONTAP considers may be of interest to you;
- conducting research (including but not limited to client surveys) concerning ONTAP’s current and future products or services; and
- to improve the operation or navigation of ONTAP’s application and/or website.
ONTAP may also use your personal information for other purposes not listed above which will be made obvious to you at the time ONTAP collects that information, or for such purposes as may be required or permitted by law. If ONTAP uses your personal information for direct marketing purposes, all correspondence sent to you by ONTAP will give you the opportunity to "opt out" of receiving any further direct marketing correspondence.
Will ONTAP give your personal information to anyone else?
In providing you the information, goods or services you request, ONTAP may be required to disclose your personal information to:
- ONTAP’s related companies (including those located in Australia and New Zealand); and
- ONTAP’s consultants, contractors and service providers performing services including (but not limited to) legal and accounting services, credit reporting, mail-house, transport and printing services. Other than those third parties referred to above, ONTAP will not disclose your personal information to any other third party unless it has reasonable grounds to believe: - you have authorised ONTAP to do so;
- your safety, or the safety of others in the community, is at risk; or
- ONTAP is required or permitted by law to do so.
If ONTAP provides your personal information to a third party, ONTAP generally requires the third party to protect your personal information in the same way ONTAP does.
Is my personal information secure?
ONTAP takes reasonable steps to ensure personal information it holds about you is protected from risks such as loss, unauthorised access, use, destruction, modification or disclosure. ONTAP only permits its authorised personnel or consultants to access your personal information for legitimate business purposes.
No data transmission over the internet is totally secure. As a result, any personal information you send to ONTAP over the Internet (including via email) is sent at your own risk. If ONTAP determines it no longer requires your personal information, ONTAP will take reasonable steps to de-identify or securely destroy that information as soon as practicable.
Your rights of access and correction
The accuracy of your personal information is important. ONTAP takes reasonable steps to ensure personal information it holds about you is accurate, complete, up-to-date, relevant and not misleading. If you believe that any personal information ONTAP holds about you is incorrect, please contact ONTAP’s Privacy Officer by email to firstname.lastname@example.org with details of the relevant updated information.
You have a general right to access the personal information ONTAP holds about you. You may contact ONTAP’s Privacy Officer to request details of your personal information by email to email@example.com. ONTAP can deny your request in some circumstances and if it does so, will provide you with written reasons for that denial.
While there is no fee for requesting access to the personal information ONTAP holds about you, ONTAP reserves the right to charge a reasonable fee for the preparation and provision of that information to you. You also have the right to request the correction of personal information which ONTAP holds about you. You may do so at any time by contacting ONTAP’s Privacy Officer by email to firstname.lastname@example.org. ONTAP does however reserve the right to refuse to correct your information in some circumstances. If ONTAP refuses to correct any personal information about you, and subsequent agreement cannot be reached between the parties on this issue, you may request that a note or statement regarding the correction requested be attached to your personal information.
ONTAP will endeavour to respond to you within 20 business days.