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Bradewell Pty Ltd Trading as Broome Private Taxis (‘BPTa’)

Website Terms and Conditions

 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LIABILITY, INDEMNITY AND DISCLAIMER PROVISIONS BELOW, WHICH HAVE BEEN DRAFTED FOR THE REASONABLE AND PROPER PROTECTION OF BPTa.

 

1. Application of Terms

By viewing and using this website (https://www.broomeprivatetaxis.com.au/) (Website) and its information you are agreeing to the terms and conditions identified in this document.

This Website is available for your use on acceptance of and compliance with these terms and conditions. By viewing and using this Website you agree to use this Website in accordance with all applicable laws.

You are responsible for maintaining your passwords and log in details and ensuring that they remain confidential.

2. General information and not advice

The content on this Website is intended only to provide a summary and general overview in relation to drivers whose ride-sharing services you may be interested in utilising (and who may or may not be available to provide their services at the relevant time of request). Please note that, except where expressly stated otherwise, none of the drivers listed on this Website are employees of BPTa.

The content on this Website is not intended to be comprehensive, nor to constitute legal, financial or other professional advice. You should always obtain legal or other professional advice suitable for your own circumstances before acting or relying on any of the content on this Website.

Although BPTa aims to ensure that the content on this Website is current and accurate, there may be delays, errors or omissions that could affect its currency or accuracy. There may also be historical articles and other content on this Website which, though current at the time of writing, no longer reflect the present state of affairs or industry practice.

Your use of this Website, or the receipt of any information via this Website, is not intended to create, nor does it create, an advisor-client relationship between us or impose any duty of care on BPTa. 

3. Liability

This Website, and all content and services provided or made available through this Website, are made available to you on an 'as is' and 'as available' basis.

You acknowledge and agree that, to the maximum extent permitted by law, and subject to clause 4 below, BPTa makes no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of this Website or of any of the information or services referred to on this Website. BPTa will not be liable if this Website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this Website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of: 

  • telecommunications unavailability, failure or fault (regardless of cause);

  • any acts or omissions of third parties (including, without limit, BPTa’s third party service providers or any drivers referred to on this Website);

  • maintenance or repairs carried out by BPTa or any third party service provider in respect of any of the systems used in connection with the provision of this Website;

  • any events beyond BPTa’s control; or

  • services provided by third parties or drivers not being, ceasing to be or becoming unavailable.

You also acknowledge and agree that, to the maximum extent possible under law, and subject to clause 4 below, BPTa does not represent, warrant or guarantee that this Website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

4. Consumer Guarantees

To the maximum extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or common law imposing any liability or obligation on BPTa are excluded under these terms and conditions. However, if a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), then nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy or the imposition of any liability under the Australian Consumer Law, provided that, to the maximum extent that the Australian Consumer Law permits BPTa to limit its liability, then BPTa’s liability is limited to: 

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

  • in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired. 

Except in the case of a ‘major failure’ (as that term is defined in the Australian Consumer Law), BPTa can elect as between the remedies set out in this clause.

5. Exclusion of Liability

Subject to clause 4 above, and to the maximum extent permitted by law: 

  • BPTa excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limit, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to this Website or any content or services provided, referred to or made available through this Website; and

  • notwithstanding any other provision of these terms and conditions, BPTa’s liability in respect of any claim for loss, damage or expense of any nature (however arising) will not exceed the sum of $500.00.

 6. Intellectual Property and Copyright

All copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on this Website or in connection with any goods, services or products provided by BPTa vests solely with BPTa. You must not use or replicate BPTa’s copyright material other than as permitted by law. Specifically, you must not use or replicate BPTa’s copyright material for commercial purposes unless expressly agreed to in writing by BPTa. 

 7. External Links

This Website may contain links or other information that direct you to websites or locations external to this Website (Links). The Links are provided for your convenience and are not an express or implied indication of any endorsement or approval of the linked website, its contents or any associated website, product or service. You agree that BPTa will not be liable for any loss or damage you may suffer as a result of your use of the Links. 

 8. Collection of Information

Use of information you have provided BPTa with, or that BPTa has collected and retained relating to your use of any one or more of this Website and BPTa’s goods, services and products, is governed by BPTa’s Privacy Policy. By using this Website, you agree to the policies and terms contained in BPTa’s Privacy Policy. 

9. Confidentiality

All personal information you give BPTa will be handled in a confidential manner in accordance with BPTa’s Privacy Policy. However, due to circumstances beyond BPTa’s control, BPTa cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information. 

10. Posting comments 

This Website may enable you to post comments (for example, on blogs, forums, social media or other public areas). You are responsible for all comments that you post (or that are posted using your username and password). You must not post any comment that: 

  • is antagonistic or inflammatory (commonly referred to as ‘trolling’);

  • is xenophobic, racist, abusive, harassing or hateful;

  • is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;

  • is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;

  • constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);

  • infringes someone else’s copyright or other intellectual property rights, or

  • violates any applicable law. 

11. Governing Law 

These terms and conditions are governed by and construed in accordance with the laws of Western Australia. 

BPTa reserves the right to bring proceedings against you for breach of these terms and conditions in any one or more of your country of residence and any other appropriate country or jurisdiction.

NOTE - Broome Private Taxis;

  1. ALL our Drivers hold a National Police Clearance

  2. Taxis Metered & Fares Regulated by WA Government

  3. Fleet consists of Sedans, SUV’s, 4WD’s, Maxis, Coasters & Buses

  4. Two or More sharing a TAXI COSTS LESS than any Shuttle at $15/$20/person

  5. Caution, CVL & Private Charter Hire vehicles MUST disclose / discuss fare upfront

  6. Caution, CVL & Private Charters are prohibited from Soliciting Fares from anywhere inc. Airport & Taxi ranks

  7. Our Certified Drivers enable seamless Gangway to Gangway Transfers ON & OFF the Port of Broome Wharf for Passengers/Crew