Driver Terms & Conditions of Service

Destarny is a technology platform that brings together global service providers with customers (“Destarny”) provided by or on behalf of Destarny Network Limited, [ACN], registered at [ADDRESS], email support@destarny.com.au, (“Destarny”, “we”, “us” and “our”). Click here for more details about Destarny. For information on how we will use and protect your personal data, please see our privacy policy here. Please see our Terms & Conditions for Drivers here. 

1. YOUR USE OF DESTARNY SERVICES

1.1 You can only use the Destarny services (which include PayLock) if you have successfully completed your registration with us and that registration remains valid. Your registration remains at our discretion at all times. You will be deemed to have accepted these terms and conditions (“Terms”) when you register with us and whenever you use any of such Destarny services.

1.2 You agree:

1.2.1 and promise that all information and details provided by you to us at any time are true, accurate and up¬to¬date in all respects and at all times. You can update or correct your details at any time via the Destarny app;

1.2.2 that your use of any Destarny services grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to Destarny software, applications and website) or the intellectual property of our retail or advertising partners, other than the non¬transferable, personal right to use and receive the Destarny services in accordance with these Terms;

1.2.3 that you will not use any Destarny services: for any purpose other than for the purpose for which they are provided to you; for any unlawful purpose; in any way that interrupts, damages, impairs or renders Destarny less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your taxi services in the normal course of the use of the Destarny services);

1.2.4 and warrant that when using any Destarny services: you have all the appropriate licenses, approvals and authority to provide taxi services to passengers; that you own or have the legal right to operate the vehicle you use and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;

1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;

1.2.6 and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of any Destarny services. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the Destarny app or website;

1.2.7 that you will comply with all applicable laws in force from time to time and be responsible for the provision of your taxi services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);

1.2.8 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

1.3 In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate but we cannot guarantee that it will always be accurate or correct and therefore you should use your own judgment when acting on the basis of information provided.

1.4 PayLock is a Destarny service to facilitate payments from passengers whether or not they have booked a taxi using the Destarny app.

1.5 Please note that we are not responsible for the behaviour, actions or inactions of passengers whether or not they are Destarny customers (although, where such passenger is a Destarny customer who has ordered your taxi using the Destarny app , payment protection is provided in certain circumstances as set out in clauses 2.2 and 2.3 below). Any contract for the provision of taxi services is between you and the passenger and not Destarny and we simply provide a platform to introduce drivers and passengers and/or facilitate payments in certain circumstances. 

2. CHARGES AND PAYMENT

2.1 It is free to register for and generally use the Destarny app.

2.2 Charges from us to you for use of PayLock are set out on the Destarny app and website (accessible where you are a registered user) and you will also be charged any processing fee charged by the relevant payment provider and/or any other commission or service charge or cost that we incur. We do not provide payment protection or guarantees in relation to PayLock transactions irrespective of whether or not the passenger has booked the taxi via the Destarny app. This means that you will bear the risk in the event that a transaction proves to be fraudulent or unauthorised or if the payment from the customer fails to be processed for any other reason. The following additional terms apply where you use PayLock:

2.2.1 you may only accept and process payments using PayLock where the passenger has performed the transaction;

2.2.2 any fees due to you shall be paid by us less: (i) any fees and/or other amounts you owe to us and/or any chargebacks and chargeback costs (where card issuers, schemes or financial institutions refuse to settle a transaction or demand payment in respect of a disputed transaction and the administrative costs incurred as a result of this); and (ii) any fees or costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay; and

2.2.3 we have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these Terms.

2.3 For passengers who are Destarny customers and/or have registered to use the Destarny services the charges are set out on the app and website (accessible where you are a registered user) and you will also be charged any processing fee charged by the relevant payment provider and/or any other commission or service charge or cost that we incur. Where Destarny registered passengers pay with a card through the Destarny app, we will provide payment protection over such transactions although no such payment protection is provided if the passenger pays using PayLock irrespective of whether or not the passenger has booked the taxi via the Destarny app. The following additional terms apply to Destarny transactions:

2.3.1 we have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these terms;

2.3.2 any fees due to you shall be paid by us less: (i) any fees and/or other amounts you owe to us and/or any chargebacks and chargeback costs where a passenger disputes the services you provided; and (ii) any fees or costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay. You agree to co¬operate with and support us (including through the provision of relevant information) in the event of a dispute over any transaction.

2.4 The balance of any payments owing to you from passengers will be provided in accordance with the terms set out in the app and website. We may withhold or delay payments to you where:

2.4.1 the passenger denies authorising or we have reasonable grounds to suspect that the passenger did not authorise the relevant transaction; or

2.4.2 pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.

2.5 You acknowledge that payment providers may ask that we or they conduct an audit of your activities and/or of your records and accounts to ensure compliance with these Terms and use of the Destarny services including PayLock and you agree to co¬operate fully with any such audit. You further agree that you will co¬operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies. 

3. TERMINATION

3.1 We may terminate any contract we have with you and/or close any account you have with us by giving you no less than 7 days’ notice by email to your email address registered with us. We may also terminate any contract we have with you and/or close your account without notice if you breach any of your obligations under these Terms, if you cease to be a licensed taxi driver, if bankruptcy or insolvency proceedings are brought against you or if you do not pay a court judgment on time. You shall still be obliged to make any payment for any Destarny services provided to you up to and including the termination date.

3.2 We reserve the right to suspend, restrict or terminate your access to any Destarny services at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

3.3 You will be able to cancel your registration for the Destarny app and cancel your account with us and/or to delete any details we hold about you in respect of PayLock by going to the relevant link on our website. You shall still be obliged to make any payment for any Destarny services provided to you up to and including the time you decide to no longer use any of our services and/or the time you delete any details we hold about you. 

4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

4.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law. These include that we will provide the Destarny services to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights you can contact your local Citizens Advice Bureau or Trading Standards Office.

4.2 If we breach these Terms, We shall only be liable for losses and damage which are a reasonably foreseeable consequence of such a breach, up to a maximum amount of $1,000 in aggregate for each breach or a number of related breaches. “Foreseeable” means that the losses and/or damage could have been reasonably contemplated by you and us at the time the relevant Destarny services are provided to you.

4.3 We are not responsible for: (i) losses and/or damage not caused by our breach; (ii) the actions or inactions of any drivers; (iii) the actions or inactions of other Destarny users; (iv) indirect losses which means losses and/or damage where you and us could not have reasonably anticipated that type of loss and/or damage arising at the time the relevant Destarny services are provided to you; or (v) failure to provide Destarny or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure). 

5. COMPETITIONS

5.1 Please read our full Competition Rules page before entering into any Destarny competition. Destarny posts the details of all competitions on our blog where the closing date is specified. To enter any Destarny competition you must be: (a) UK resident; and (b) 18 years old or over at the time of entry. No purchases are necessary. Competitions are not open to employees (or members of their immediate families) of Destarny Network. 

6. GENERAL

6.1 We may transfer and/or assign our rights or obligations or sub¬contract our obligations under these Terms to any other party at any time and at our discretion. These Terms are personal to you. You may not transfer and/or assign and/or sub¬contract your rights or obligations under these Terms to anyone else.

6.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

6.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

6.4 These Terms are not intended to give rights to anyone except you and us.

6.5 We are constantly looking for ways to improve and expand Destarny. We may amend these Terms from time to time in order to reflect changes to Destarny in which case we will give you reasonable notice by email of any changes to these Terms. You can terminate at any time as set out above.

6.6 We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the Australia only.

6.7 The Destarny app does not take any positive reviews about its drivers. Destarny believes excellent service is expected and we do not treat our customers like children needing to be under pressure of reviewing their every trip. The Destarny policy is to focus and respond quickly to negative customer feedback. We believe it is in these unfortunate incidents that the consumer wants action and excellent customer service. We do not release money to the drivers until 3 days after the job hence if there is an honest dispute and you get back to us quickly and faults and errors will be reconciled.

6.8 These Terms are dated 5 November 2016.