Terms & Conditions
of Use Go-Flexi

Acknowledgement and Acceptance

The use of the App and the Services is governed by the terms and conditions set out below, as updated by Operator from time to time. By downloading the App and/or using the Services, a User is taken to have accepted the terms and conditions in their entirety and a contractual relationship is formed between the User and Operator. A User is responsible for their 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 OR THE SERVICES.

If a User does not agree to these terms and conditions they must not use the Services or the App. These terms and conditions supersede any prior arrangement between the User and Go-Flexi. The Operator may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above. Amendments to these terms and conditions will be published on the Operator website and continued use of the App or the Services by the User is taken as acceptance of the amendments.

Users will require their own internet connection to use the application and will be responsible for any associated costs of data use. Users are responsible for enabling notifications from The App to ensure Users receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from Operator and Go-Flexi from time to time. Users may choose not to enable notifications however by doing so, User acknowledges that their use of the App may impact their use of the Services.

In addition, supplemental terms may apply to certain services, such as the use of WiFi on the Vehicles – these will be made available by Operator on their website or at the time of use. ​

Definitions

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

“App” means the Go-Flexi customer application available for download from the Google Play and Apple iTunes stores.

“Associated Parties” include Operator’s related entities, its contractors and subcontractors.

“Booking” means a confirmed agreement for Operator 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 Operator website:

“Service Region” means the geographical zone the service is available in

“Services” means the provision of shuttle services by or on behalf of Operator within a dedicated Region and available to be booked by the User.

“Operator” refers to the Community Transport Company.

“User” means any individual that downloads the App and/or uses the Services.

“Vehicle” means a vehicle used by Operator to provide the Services.

Description of the Services

Account requirements

To access the Services, Users will need to create an account in the App or on the Operator website. The creation of an account will require the provision of Personal Information. Operator will treat all Personal Information provided by the User in accordance with our Privacy Policy

By becoming a User, individuals warrant that they have the right, authority and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to their account.

TO BOARD A VEHICLE USERS MUST HAVE A BOOKING – Operator Vehicles will not, under any circumstances, pick up passengers hailing Vehicles or waiting at ranks. OPERATOR DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL BE ACCURATE, RELIABLE, SECURE, ACCESSIBLE OR FREE FROM ERRORS OR DEFECTS. IT IS THE RESPONSIBILITY OF THE USER TO INVESTIGATE WHETHER USE OF THE SERVICES WILL MEET THEIR REQUIREMENTS.

Bookings

When is a Booking made?

A Booking is made on confirmation from Operator and notification of the estimated pick up time is provided. Until a User has received this notification, no Booking will be accepted by Operator. Operator reserve the right to refuse carriage to Users who do not have evidence of their Booking in the form of an App confirmation on their mobile phone which can be displayed to the driver on pickup.

Multiple Passengers

Users must nominate at the time of Booking if booking a trip for additional passengers to that User. A User acknowledges that a failure to notify Operator at the time of arranging the Booking may entitle Operator to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.

Seat allocation

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

Changes to Bookings

You can cancel your trip through the Go-Flexi app. If a User repeatedly cancels trips without notifying Operator 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. ​

Conditions of Carriage

When using the Services, the User agrees to abide by all relevant regulations and policies, including but not limited to those set out on the Moffat & Williamson website: https://moffat-williamson.co.uk/ Operator’s Conditions of Carriage can be found on Operator’s website and set out Operator’s policies including those in relation to passenger behavior, luggage and assistance animals.

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

Privacy and Personal Information

Use of the App or Operator 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 Operator will be treated in accordance with our privacy policy.

The information and data from these Services may be used to generate anonymized and aggregated statistical and analytical data and be used for the Associated Parties’ internal research and product development purposes and to conduct statistical analysis and identify trends and insights. In addition, the Associated Parties’ may supply the aggregated statistical and analytical data to third parties following Operator’s written consent. Personal Information (information or an opinion about passengers), collected from Users, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by Operator will be disclosed to Go-Flexi.

The Operator may also use passenger contact details to conduct surveys relating to the provision of the Service provided by Operator.

By using the Services provided by Operator, Users consent to the collection, use and disclosure of their Personal Information in the manner outlined above. The consents and rights above will survive the expiry of these Terms and Conditions.

Ownership of Intellectual Property

All Intellectual Property associated with the Services is owned by Operator, its Associated Parties or Go-Flexi unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive license to use the App for the purposes outlined above and no other purpose. Operator and Go-Flexi give no warranties, and will not in any circumstances be liable for, the infringement of third-party Intellectual Property rights in relation to the Use of the App.

Any material (other than Personal Information) uploaded by the User will become the property of Operator. This includes feedback comments, ratings of Operator 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, the User consents to the use of these in promotional material or other publications by Operator.

Limitation of Liability

Operator will, at all times, use best endeavors to deliver the Services in line with these terms and conditions, the Conditions of Carriage and the Customer Charter.

TO THE EXTENT PERMITTED BY LAW, OPERATOR 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 OPERATOR OR A THIRD PARTY) CAUSED BY OR CONTRIBUTED TO BY THE USER’S USE OF THE APP OR THE SERVICES.

WITHOUT LIMITING THIS SECTION, OPERATOR WILL NOT BE LIABLE FOR ANY COSTS INCURRED BY A USER AS A RESULT OF A CANCELED 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.

Indemnity

YOU AGREE TO INDEMNIFY OPERATOR, 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 APP AND/OR THE SERVICES;

2. YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS;

3. OPERATOR’S USE OF INFORMATION PROVIDED BY YOU (PROVIDED THIS IS IN ACCORDANCE WITH OUR PRIVACY POLICY); OR

4. YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTIES, INCLUDING THIRD PARTY PROVIDERS AND OTHER USERS.

Suspension or Termination of Accounts

There is also the ability for comments and feedback to be left through the App – see the FAQs on the Operator website for further information.

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

Dispute Resolution

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

All feedback and enquiries should be lodged at first instance using the service call center support line:

• info@communitytransport.com
• Phone: 1300 812 504

General Provisions

Relationship between the Parties

In relation to the performance of Services, Operator will provide the Services as an independent contractor and nothing in these Terms and Conditions will be construed so as to constitute Operator as an employee of the User 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 App and the Services will be governed and construed in accordance with the laws of NSW Australia and the User submits 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.

Contacting Us

If you have any questions regarding any legal aspect of this document, please send us an e-mail at info@communitytransport.com