Passenger Terms & Conditions of Service

1. YOUR USE OF DESTARNY SERVICES

1.1 You will become a customer of Destarny whenever you use any Destarny services including the Destarny app (including when you register) or “PayLock” which is one of our services to pay for any taxi journey. You will be deemed to have accepted these terms and conditions (“Terms”) when you register with us or if you register to use the Destarny app and/or whenever you use any Destarny services such as PayLock.

1.2 You agree:

1.2.1 and promise that all information and details provided by you to us when you use any Destarny services (including when you register to use the Destarny app) are true, accurate and up¬to¬date in all respects and at all times. If you have registered with us via the Destarny app then you can update or correct your details at any time via the Destarny app. If you have not registered via the app then please contact us if you wish to update or correct your details;

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 of the 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;

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

1.2.5 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 or service providers to or for any of the 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;

1.2.6 that you will comply with all applicable laws in force from time to time;

1.2.7 to make payment in full for any taxi journey you take and/or in respect of using any Destarny services provided to you;

1.2.8 to treat taxi drivers introduced to you through Destarny with respect and not to cause damage to their taxi or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their taxi or any Destarny services;

1.2.9 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 Please note that we are not responsible for the behaviour, actions or inactions of drivers of taxis, private vehciles and hire cars which you may use (through Destarny or otherwise). Any contract for the provision of taxi services is only between you and the driver. Destarny only provides a platform to introduce drivers and passengers and/or for payments to be made for taxi journeys. 

2. CHARGES AND PAYMENT

2.1 For details about the cost of taxi journeys with Destarny click here. For some services we may also charge you a commission or service charge as detailed in that Destarny service;

2.2 If you choose to pay for a taxi journey using the Destarny services then any payment due from you will be taken after the end of the journey using the payment details you have provided to us when using any Destarny services including PayLock. You agree that we may undertake authorisation checks on any payment details you provide to us (including credit and debit cards) at any time. We will store any payment details you have provided to us so they may be used for payments you need to make whenever you use the Destarny services including PayLock at any time and/or to collect any money you may owe us. Please see our privacy policy here on how we will use, protect and store your personal data. Payment(s) will be processed via a third party payment processor under Destarny IP Ltd, the payment contracting entity of Destarny Network Ltd

2.3 When you register to use the Destarny app, you will be given the option to pre¬set a default “tip” percentage of your choosing. This will automatically be added to the taxi fee at the end of each journey unless you choose to override it with a different tip amount or to remove the tip;

2.4 Once you have taken a taxi journey or made payment in advance of your taxi journey you will not be able to cancel (since the service has already been provided) and your payment will be taken automatically and is non¬refundable. If you have any complaint in relation to the taxi service provided then that dispute must be taken up with the taxi driver directly. If you are unable to resolve the dispute with the taxi driver or you cannot come to an agreement with the taxi driver, please contact Destarny and we will try to resolve the dispute.

2.5 In relation to any taxis organised for you using the Destarny services you also agree to pay additional charges (for example where you then do not complete that journey or cancel an order when a taxi has already been allocated to you or for any damage or cleaning costs to the taxi which you incur) as set out in more detail here:Cancellation: We reserve the right to charge a $5 cancellation fee if you cancel an order after a taxi has been allocated to your job. View our Cancellation Policy.Cleaning: You will be charged $50 if after your journey the taxi or private hire car vehicle requires cleaning.Damage: You will be charged at cost for any damage to the taxi caused by you.

2.6 In the event you choose another payment method outside of Visa and MasterCard as a payment method, the terms and conditions shall apply in addition to these Payment Terms. Any additional fees charged by PayPal are your sole responsibility and you authorise Destarny to add such fees, in the event that they are charged to Destarny, to any amount charged to you.

2.7 Set fare bookings are treated as an ‘agreed price’ between the passenger and driver. The driver is responsible to take you to the destination entered into the Destarny app and if the destination changes significantly where the driver would suffer a significant loss of time the driver and passenger should renegotiate or drop the passenger at the location entered. 

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 7 days’ notice in writing by email to your email address registered with us. We may also terminate any contract we have with you and/or close any account you have with us without notice if you breach any of your obligations under these Terms, 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 and/or in respect of any taxi journey provided or booked 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 are under no obligation to use any of the Destarny services and may simply choose to stop using any of them any time. 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 contacting us. You shall still be obliged to make any payment for any Destarny services and/or any taxi journey provided or booked 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. We may keep the payment details you have provided to us even if you have deleted them in order to recover from you any monies that you may owe. 

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. PROMOTIONS

Destarny may, in Destarny’s sole discretion, create promotions and corresponding promotional codes that may be redeemed for credit, or other features or benefits related from time to time to any of the Destarny services and/or to services provided by a third party, subject to any additional terms that Destarny establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Destarny; (iii) may be disabled by Destarny at any time for any reason without liability to Destarny; (iv) may only be used pursuant to the specific terms that Destarny establishes for such Promo Codes; (v) have no cash alternative; and (vi) may expire prior to your use. Destarny reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Destarny determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. 

6. COMPETITIONS

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: (i) UK resident; and (ii) 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 or the Destarny group. 

7. GENERAL

7.1 We may transfer and/or assign our rights or obligations or sub¬contract our obligations under these Terms to another 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.

7.2 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.

7.3 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.

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

7.5 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 of any changes to these Terms. You can terminate at any time as set out above.

7.6 Our website sets out how you can contact us and you can also contact us at support@Destarny.com.au.

7.7 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 Australia only.

7.8 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.

7.9 These Terms are dated 5 November 2016.