TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY CHANGES FROM TIME TO TIME:
1. SCOPE OF SERVICE AND TERMS OF AGREEMENT
Fifo Connexion’s terms and conditions of use, including any amended terms (“Terms”) govern the use by any person (the “User”) of Fifo Connexion’s services by making use of our electronic mobile application (“FiFo ConneX”). The Fifo Connexion App refers to our mobile applications, including our websites, contents products, and services (“Services”) made available by Fifo Connexion, and/or by any of its subsidiaries and affiliates (collectively referred to as, “Fifo Connexion”).
In these Terms, the words “including” and “include” mean “including, but not limited to” and “use” will include “access to or accessing of” our Services.
Use of our Services in any manner whatsoever will constitute a legal and binding contractual relationship between the User and Fifo Connexion (the “Agreement”) read in line with and subject to these Terms. By making use of our Services, the User accepts having full knowledge of the Terms of use and agrees to be bound by the Terms without reservation.
Fifo Connexion may, at any time and from time to time, change these terms and conditions. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on Fifo Connexion’s electronic platform. You agree to review these terms and conditions periodically before you continue to make use of our Service. Use of Fifo Connexion’s Service following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
2. THE SERVICES
Our Services are based on a technology platform. By making use of our Fifo Connexion App, we enable Users to arrange and schedule transportation in a safe and convenient manner by making use of a mobile device. Our Services are rendered for personal non-commercial transportation purposes only unless otherwise agreed to by Fifo Connexion (Please note, amended terms will apply in the event of alternative arrangements). All additional or amended terms are read in line with these Terms. Revised terms will prevail in the event of any conflict or uncertainties.
3. LICENSE
The User is granted temporary access to the Fifo Connexion App solely for use of Fifo Connexion’s Services subject to these Terms (and as amended from time to time).
4. RESTRICTIONS
The User undertakes to only make use of the Fifo Connexion App for purposes to use and enjoy Fifo Connexion’s Service under these Terms (“the Intended Purpose”). Use in any other shape, manner or form or any portion of the Fifo Connexion App will regard the User in breach of the Agreement and will result in claims for infringement of Fifo Connexion’s intellectual property.
5. THIRD PARTY PROVIDERS AND CONTENT.
The User accepts having knowledge that Fifo Connexion makes use of third party service providers from time to time and as a result, these third-party providers may gain access to this Agreement and the User’s personal information for purposes to render and/or enhance Service delivery to the User (Please refer to our Privacy Policy before making use of Fifo Connexion’s Services).
6. USER ACCOUNTS
The User may have to register a user account to access certain aspects of Fifo Connexion’s Services.
The User must be 18 years or older and accepts full responsibility to maintain accurate, complete, and up-to-date information and to maintain the security and secrecy of the User’s Account.
The User accepts full responsibility for activities on the account and agrees to use the account for the Intended Purpose only. Fifo Connexion accepts no responsibility for any activities on the account other than for the rendering of Services as required by the User from time to time.
6.1 Marketing
The User agrees to receive informational text (SMS) messages from time to time. The User may opt out of receiving text (SMS) messages at any time by contacting admin@fifoconnexion.com.au. Please note that opting out of receiving text (SMS) messages may impact your use of the Services, which is beyond the control of Fifo Connexion.
6.2 Promotional codes
Fifo Connexion may, in Fifo Connexion’s sole discretion, offer benefits, promotions, and/or loyalty programmes on a campaign-to-campaign basis. The benefits, features and details will be communicated to the User from time to time and may be subject to revised terms.
6.3 Network access and devices
The User is responsible for its own data network access and to adapt or use compatible hardware or devices to ensure efficient access to our Fifo Connexion App and Services. The User’s own mobile network data and messaging rates will apply and the costs thereof do not form part of our Service fee. Fifo Connexion does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the User acknowledges that Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications or devices.
7. PAYMENT
Services are rendered subject to payment of FIFO Connexion PTY LTD’s fees (and/or any third party provider’s fees) and related charges for the use and enjoyment of the Service. Payment will be made directly to FIFO Connexion PTY LTD. Payment of charges is final and non-refundable unless specifically otherwise determined by FIFO Connexion PTY LTD.
7.1 Shuttle Fees
Shuttle fees are based on a fixed price as per time and date of request. See our prices for shuttle rates.
7.2 Charter Services
Charter fees will be charged at a minimum rate of $90, with additional fees that will be calculated on request during the booking.
Additional fees will apply for:
- Distance to be travelled
- Amount of pickups from and to destination
- $30 extra for pickups after midnight.
7.3 Cancellation fee for charter bookings
The minimum price is automatically charged in the event where the user cancels the ride after 24 hours.
7.4 Failed Payments
In the event that the payment is not successful FIFO Connexion PTY LTD will continue to retry the transaction charge until payment has been processed. FIFO Connexion PTY LTD reserves the right to suspend The User until payment has been processed.
8. INTELLECTUAL PROPERTY
Fifo Connexion (and/or its third-party service providers) owns the exclusive intellectual property rights, more specifically, the trading names, trademarks, websites and their contents, patents, designs, business name, logo, identifying insignia, confidential information and copyright in relation to the Fifo Connexion App and Service under the name and style of Fifo Connexion.
The User understands and accepts that Fifo Connexion is and will remain the proprietor of all the intellectual property and copyrights (whether registered or not, now or in the future) and use of the Service by the User will not grant to the User any right, title or interest in or to any aspect of the intellectual property and/or copyrights.
The User understands and agrees that access and usage of the Service in relation to the Intellectual Property are solely for purposes to temporary use and enjoy the Service provided under these Terms and does not confer rights, goodwill or other interest in the intellectual property of Fifo Connexion.
Any unauthorised use of any of the intellectual property by the User shall constitute a material breach of this Agreement and may render the User liable for acts of infringement.
DISCLAIMER (INCLUDES BOTH THE LIMITATION OF LIABILITY AND INDEMNITY)
Services by Fifo Connexion (including services by Fifo Connexion’s preferred third party providers) are provided subject to the Terms of use (as amended from time to time). Fifo Connexion disclaims all express and/or implied representations and warranties with regard to the use of the Fifo Connexion App and related Services. Fifo Connexion makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, fitness for a particular purpose, non-infringement, suitability, or availability of the Service or that the Service will be uninterrupted or error-free.
The User accepts any and all risk arising in connection with the use of the Fifo Connexion App and Services and the User fully indemnifies Fifo Connexion its officers, directors, employees, agents and third-party service providers harmless from any and all claims, demands, damages (both direct and indirect), financial or personal losses, bodily harm or injuries, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with the Fifo Connexion App and related Services.
The User agrees that Fifo Connexion’s total liability for any claims for loss or damages resulting from any grossly negligent conduct or intentional actions or default actions by Fifo Connexion in any manner whatsoever will not exceed the amount of $50.00 per event.
The User acknowledges and agrees that the limitations set forth above are fundamental elements of this agreement and access and use of Fifo Connexion’s Service would not be provided to the User absent such limitations.
This disclaimer does not purport to limit liability or alter the User’s rights as a consumer that cannot be excluded under applicable law.
9. PRIVACY POLICY AND STATEMENT
Our Users’ privacy is very important to Fifo Connexion. We encourage you to read our privacy policy before making use of our Services. We do our best to protect and keep your personal information safe and secure, but we cannot guarantee it.
Please do not submit any personal information on any of our electronic platforms if you do not agree to our privacy policy and operational requirements for use of our Service.
By accessing our Service, you agree that we may use your personal information within Fifo Connexion to:
(1) Render Services to you;
(2) To process or collect payments for our Services;
(3) Promote, market and sell additional products and services and
to communicate amended terms or policies;
(4) To conduct customer surveys from time to time;
Disclosure of Personal Information to Third Parties
We will not disclose any personal information to any third party (other than our third party service providers to whom we may provide such information in connection with the Service). User information will be disclosed for the limited purpose of providing and enhancing our Services.
The User agrees and authorises Fifo Connexion to disclose the information if
(1) You have authorized us to do so;
(2) We are legally required to do so,
(3) It is necessary to protect our proprietary rights related to Fifo Connexion’s intellectual property, systems and confidential information.
Fifo Connexion may share aggregate, non-personal information about our Service, website and the Fifo Connexion Application with unaffiliated third parties which information does not contain any personal information about our Users.
Should you have any questions about this policy or our practices, please send an email to admin@fifoconnexion.com.au before making use of our Services. We respect our User’s privacy and encourage our User’s to communicate any concerns directly with Fifo Connexion.
10. GENERAL
Cession: The User may not cede any of its rights or delegate any of its obligations under these Terms without the prior written consent of Fifo Connexion.
No Waiver: No waiver of any Terms will be binding for any purpose unless expressed permitted in writing by Fifo Connexion. Any such waiver will be effective only in the specific instance and for the purpose given.
Indulgence: No indulgence, leniency or extension of time which any Party (“the Grantor”) may grant or show the other Party, shall in any way prejudice the grantor or preclude the grantor from exercising any of its rights in future.
Notices: Fifo Connexion may give notices by means of a posting on Fifo Connexion’s website and/or notice by way of electronic mail to your email address registered with Fifo Connexion. Such notice shall be deemed to have been given upon the expiration of 24 hours from the posting or after delivery of the notice to your email address. Fifo Connexion to the User will regard user notices as received by Fifo Connexion only upon confirmation of receipt.
Choice of Law: These Terms shall be governed and construed The Australian Privacy Principles that are contained in schedule 1 of the Privacy Act 1988
Whole agreement: This is the whole agreement between the parties. Neither Fifo Connexion nor the User shall have any claim or right of action arising from any undertaking, representation or warranty not included as part of the Terms.
Severance: If any of the Terms which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law it shall be severable from the remainder of the Terms, and the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby and the Parties shall endeavour in good faith to agree on an alternate provision to the void, illegal or unenforceable provision.
Termination: The User accepts that Fifo Connexion may cease to render Services and/or deny the User access to the Fifo Connexion App and terminate the relationship with the User with immediate effect if the User fails to comply with these Terms.
Termination for any cause shall not release the User or Fifo Connexion from any liability which at the time of termination has already accrued to the other party or which thereafter may accrue in respect of any act or omission prior to such termination.