Terms and Conditions

Terms and Conditions

 

Acknowledgement and Acceptance

Your use of the Website, App and Services is governed by the terms and conditions set out below, as updated by Community Transport Central Coast Limited (CTCCL) from time to time. By downloading the App, accessing and/or using the Services, you have accepted the terms and conditions in their entirety and a contractual relationship is formed between you and CTCCL. You are responsible for your compliance with these terms and conditions (including any updated versions).

PLEASE ENSURE YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS FULLY BEFORE USING THE APP, THE WEBSITE AND/OR THE SERVICES.

If you do not agree to these terms and conditions then you must not use the Services and/or the App. These terms and conditions supersede any prior arrangement between you and CTCCL and CTCCL may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above. CTCCL may immediately terminate these terms and conditions or any Services with respect to you, or generally cease offering or deny access to the Website, App or Services or any portion thereof, at any time for any reason.

CTCCL may amend the Terms related to the Website, App and Services from time to time for any reason. Amendments to these terms and conditions will be published on the CoastConnect website and your continued use of the Website, App or the Services is taken as acceptance of the amendments.

You are responsible for obtaining the data network access necessary to use the Website, App and Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website, App or Services from a wireless-enabled device and you are responsible for such rates and fees. You are responsible for enabling notifications from The App to ensure you receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from CTCCL and Transport for NSW (TfNSW) from time to time. You may choose not to enable notifications however by doing so, you acknowledge that your use of the App may impact your use of the Services.

 

Definitions

In these terms and conditions, the following terms and definitions apply unless otherwise stated:

  • “App” means the CoastConnect customer applications available for download from the Google Play and Apple iTunes stores.
  • “Associated Parties” include CTCCL’s related entities, its contractors and subcontractors.
  • “Booking” means a confirmed agreement for CoastConnect to pick up the user at a nominated time and location and transport them to an agreed location.
  • “Conditions of Carriage” means the conditions of carriage applicable to users when using the Services, available on the Website.
  • “Pilot Region” means one of the geographical zones the App Services are available in, being the Woy Woy Peninsula. More details about the zones can be found on the Website.
  • “Personal Information” means information on or opinions about passengers including passenger’s names, dates of birth, contact details and sensitive personal information (including information about mobility/accessibility requirements).
  • “Services” means a technology platform that enables users of CTCCL’s mobile applications or websites to arrange and schedule on-demand transport services by or on behalf of CTCCL within a dedicated Pilot Region and available to be booked by the user.
  • “TfNSW” means Transport for NSW, a corporation constituted under the Transport Administration Act 1988 (NSW), on behalf of the State of New South Wales, of 18 Lee Street, Sydney NSW.
  • “CoastConnect” refers to CTCCL the operator of the Services in the Pilot Regions under contract with TfNSW 
  • “User” means any individual that downloads the Website, App and/or uses the Services.
  • “Vehicle” means a vehicle used by CTCCL to provide the Services.
  • “Website” means the web pages accessible via www.CoastConnectservices.com.au. 
  • “You” means the individual that is entering in the contractual relationship for these terms and conditions.

 

Description of the Services

Account requirements 

To access the Services, you will need to create an account in the App or on the CoastConnect website. To create an App account, you must not be under 16 years of age. The creation of an account will require the provision of Personal Information and payment methods. CTCCL will treat all Personal Information provided by you in accordance with our Privacy Policy found on our website. 

By becoming a User, you warrant that you have the right, authority and capacity to enter into and abide by these terms and conditions. You may not allow other persons to use your account and you agree that you are the sole authorised user of your account.

You must have a booking to board a vehicle. CoastConnect vehicles will not, under any circumstances, pick up passengers hailing vehicles or waiting at ranks.

CTCCL does not warrant that the Website, App and/or the Services, or any portion thereof, will be accurate, reliable, secure, accessible, free from errors or defects or that the Website, App or Services, or any portion thereof, will function on any particular hardware or devices. It is your responsibility to investigate whether use of the Services will meet your requirements.

 

Bookings

When is a Booking made?

A Booking is made on confirmation from CoastConnect (either through the App, by email, SMS) and notification of the estimated pick up time is provided. Until you have received this notification, no Booking will be accepted by CTCCL. For Bookings made over the phone, it your responsibility to (a) ensure they receive email or SMS confirmation of the Booking and (b) to print this out as evidence of a Booking and to use as a ticket for the Service.

CTCCL reserves the right to refuse carriage if you do not have evidence of your Booking in the form of either (i) a printed paper confirmation or (ii) an App confirmation on their mobile phone which can be displayed to the driver on pickup.

 

Multiple Passengers

You must nominate at the time of Booking if there are additional passengers for the trip. You acknowledge that a failure to notify CTCCL at the time of arranging the Booking may entitle CTCCL to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.

 

Specific Assistance

If there is a passenger who requires assistance with boarding you should notify the Driver, who will endeavour to assist in accordance with their training and WHS Law. If offered in the Pilot Region, a wheelchair accessible service needs to be notified at the time of Booking. Assistance animals are welcome on board the Service but must be notified at the time of booking to ensure space. 

 

Seat allocation

The Services currently do not provide for allocated seating and it is therefore your responsibility to select a seat when you board the Vehicle. You are responsible for your own safety, including the use of seatbelts, in all circumstances.

 

Changes to Bookings

You may cancel a Booked Service without incurring any costs under the following conditions:

  • Within the first 5 minutes after booking;
  • More than 1 hour before your earliest pickup time; and
  • After the latest pickup time when: 
    • When the Vehicle is more than 10 minutes later than the last drop-off time; or
    • When your expected drop-off time is more than 10 minutes after the latest drop-off time specified.

 No fees will apply where a user is absent and the Vehicle arrives after the last pick-up time.

 For cancellations outside these windows, CTCCL reserves the right to charge a cancellation fee equal to 100% of the fixed fare of the Service. If a User repeatedly cancels trips without notifying CTCCL in advance, the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.

 

Fares and Charges

You understand that your use of the Services may result in charges to you for the services or goods you receive from CTCCL. All charges are due immediately and payment will be processed in accordance with the method of payment nominated at the time of your Booking. Bookings made via the App or Website can only be paid for by credit card. Cash is not accepted. 

A failure to pay for the Services when they become due and payable will entitle CTCCL to cancel the Booking and/or refuse carriage. Receipts will be issued to your email on payment of the Fare.

TfNSW reserves the right to establish, remove and / or revise fares and charges for any of the goods or services obtained through the use of the Services at any time in TfNSW’s sole discretion. Fares are determined by TfNSW and may be changed from time to time – current pricing will be available on the CoastConnect website and in the App prior to a Service commencing. Unless otherwise stated, fares are inclusive of all taxes.

Where available, if you or an additional passenger books a concession fair, evidence of their valid concession entitlement must be carried with them at all times when using the Service and must be clearly displayed to the driver on request. If a user fails to provide a valid concession entitlement CTCCL reserve the right to either (a) charge a full fare or (b) refuse carriage at CTCCLs discretion. Accepted concession entitlements can be found on the TfNSW website: https://transportnsw.info/tickets-opal/ticket-eligibility-concessions

You are responsible for the cost of repair for damage to, or necessary cleaning of, CTCCL vehicles resulting from your use of the Services including any significant damage, soiling or graffiti caused directly by you or an additional passenger but excluding fair wear and tear.

 

Conditions of Carriage

When using the Services, you agree to abide by all applicable laws and policies, including but not limited to those set out in the Passenger Transport Regulations 2014 (NSW), and TfNSW’s travel courtesy and etiquette guidelines.

A failure to abide by any of the above may result in CTCCL prohibiting a User from using the Services and/or suspending their account.

 

Privacy and Personal Information

Use of the App or the Website may require individuals to disclose Personal Information when creating their user profile. The App will also collect information about the Users use of the Services, including trips booked and payments made. 

Any Personal Information received by CTCCL will be treated in accordance with our privacy policy, located on our website. Users are responsible for any Personal Information they disclose to third parties through their use of the application

In addition, the Personal Information of a User may be provided to third parties, such as TfNSW, CTCCL and their insurers, external legal advisors and each of their Associated Parties, in the event of a claim or accident.

TfNSW may disclose such Personal Information to other Australian government agencies. These government agencies may use Personal Information for any purpose relating to the exercise of their government functions. Personal Information may also be disclosed to other third parties if required by law.

TfNSW may also use passengers contact details to conduct surveys relating to the provision of the service provided by CTCCL.

By using the Services, passengers consent to the collection, use and disclosure of their Personal Information in the manner outlined above.

Ownership of Intellectual Property (IP)

All IP associated with the Services is owned by CTCCL, its Associated Parties or TfNSW unless otherwise specified. By using the Services,you are granted a revokable, non-perpetual, non-exclusive licence to use the App for the purposes outlined above and no other purpose. CTCCL and TfNSW give no warranties, and will not in any circumstances be liable for, the infringement of third party IP rights in relation to the Use of the App.

Any material (other than Personal Information) uploaded by you will become the property of CTCCL. This includes feedback comments, ratings of CTCCL drivers or Services and promotional materials uploaded onto social media sites and pinned to the Services. By uploading any images or other materials onto public areas of the application, you consent to the use of these in promotional material or other publications by CTCCL.

 

Limitation of Liability

CTCCL will, at all times, use best endeavours to deliver the Services in line with these terms and conditions,

To the extent permitted by law, CTCCL and its associated parties are not liable for any loss (including direct or indirect losses, damage, liability or expenses arising naturally from the performance or non-performance (including any negligent or wilful act or omission) any breach or default by CoastConnectServices or a third party) caused by or contributed to by your use of the Website, App and/or the Services.

Without limiting this section, CTCCL will not be liable for any costs incurred by you as a result of a cancelled service, including consequential damages or the cost of alternative travel arrangements, including without limitation for any failure to meet a subsequent journey on any form of transport.

To the extent that CTCCL is responsible for any direct loss, CTCCL’s obligations are limited to either (i) reperformance of the services; or (ii) refund of the fare. In no event will CTCCL’s liability to a user exceed AUD$1,000 in relation to any incident or claim.

To the extent permitted by law, a scheme under Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations or liabilities for either party under this Agreement whether those rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

The limitations under this section do not purport to limit liability or reduce your rights as a consumer that cannot be excluded under the consumer law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Indemnity

You agree to indemnify CTCCL, TfNSW and associated parties, as well as their directors, officers, employees and agents from any and all claims, liabilities, losses and expenses arising from or in connection with:

  1. Your use of the Website, App and/or the Services;
  2. Your breach or violation of any of these terms;
  3. CTCCL’s use of information provided by you (provided this is in accordance with our privacy policy); or
  4. Violation of the rights of any third parties, including third party providers and other users.

 

Suspension or Termination of Accounts

You will have the opportunity to rate CTCCL drivers and the Service for each booking. 

A series of poor ratings may result in CTCCL prohibiting a User from using the Services and/or suspending their account.

 

Dispute Resolution

CTCCL value feedback, questions and concerns from Users in relation to the App and the Services and will endeavour to respond to all genuine enquiries as soon as possible.

All feedback and enquiries should be lodged at first instance using the TfNSW Infoline:

 

Notices/Communications

CTCCL can be contacted directly through the following avenues:

  • Phone: 02 4302 0561.  
  • Email:     coastconnect@ctccl.org.au
  • Address:   7 Donaldson Street Wyong NSW  2263

 

By registering as a User or using the Services, you agree to receive communications from CTCCL or TfNSW including via email, text message, calls and push notifications. . It is your responsibility to ensure that the email and phone number linked to your Account is both valid and regularly monitored. Standard text messaging charges applied by your mobile phone carrier may apply to text messages we send.

You may unsubscribe from notices at any time through the CTCCL websiteYou acknowledge that unsubscribing from notices may impact your use of the Website, App and/or the Services and under no circumstances with CTCCL be liable for a failure of the App or the Services due to the same.

 

General Provisions

Relationship between the Parties

In relation to the performance of Services, CTCCL will provide the Services as an independent contractor and nothing in these Terms and Conditions will be construed so as to constitute CTCCL as your employee or constitute a partnership between the parties or so as to constitute either party as the agent or legal representative of the other party.

 

Applicable Law

The use of the Website, App and the Services will be governed and construed in accordance with the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State.

 

Entire Agreement

This document records the entire agreement between the parties. The parties exclude all terms implied by law, where possible. Neither party has given any warranty or made any representation to the other party about the Services, other than those warranties and representations expressed in this document.

 

Severance

In the event that any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.