Binding Terms of Service
This document, referred to as the Terms of Service, forms a binding legal contract (the “Agreement”) between you and CharterTnT, which includes its parent companies, subsidiaries, agents, affiliates, executives, and directors (referred to collectively as “CharterTnT”, “CTnT”, “we”, “us”, or “our”). This Agreement applies to your use of all aspects of the CharterTnT applications, websites, technology, facilities, and platform (jointly referred to as the “CharterTnT Platform” or “CTnT Platform”).
By agreeing to these Terms of Service, and/or through your use or access of the CharterTnT Platform, you are confirming that you have read, understood, and agree to comply with all the terms of this Agreement.
PLEASE NOTE: If you do not consent to these terms and conditions, you are not permitted to access or use the CharterTnT Platform or any of the services offered through it.
The CharterTnT Platform
The CTnT Platform acts as a digital marketplace where, among other functionalities, individuals seeking rides to specific destinations (“Passenger(s)”) can find various transportation options to these locations. Passengers have the choice to request a quote from Bus Operators who are travelling towards or through these destinations (“Bus Operators”). All individuals using the CTnT Platform, except for those classified as “Excluded Individuals,” including Bus Operators and Passengers, are collectively referred to as “Users.” The services rendered by Bus Operators to Passengers, including other related transportation services associated with the CTnT Platform, are hereafter termed “Transportation Services.” “CTnT Services” encompass all services provided by CharterTnT under the auspices of the CTnT Platform (notably, this does not cover Transportation Services or services provided by third parties). As a User, you give CTnT permission to pair or re-pair you with Bus Operators based on various criteria such as your and the requested pickup location, estimated pickup time, destination, Passenger preferences, ride mode, membership status, requirements from regulatory bodies or other third parties, user statistics, and overall platform efficiency. CTnT also reserves the right to cancel an existing match based on these or other factors. The choice to accept Transportation Services by any User is entirely at their discretion. A distinct agreement is established between Bus Operators and Passengers when the latter accepts the Transportation Services provided by the former.
The term “Excluded Individuals” as used here refers to any individual who registers to use the CharterTnT Platform or uses the platform on behalf of an organization that has a contract with CharterTnT, unless they are participating as a Passenger or Bus Operator.
Changes to the Agreement
CharterTnT may change the terms and conditions of this Agreement at any time, and these changes will become effective for you once you agree to the revised Agreement. Additionally, CTnT has the right to update any information on pages linked via hyperlinks in this Agreement periodically, with such changes becoming effective immediately upon their posting. Your ongoing use of the CTnT Platform following any updates signifies your agreement to these changes. It's important to note that unless there are substantial changes to the arbitration clauses in this Agreement, your acceptance of these modifications does not reopen the possibility for you to opt out of arbitration, where applicable.
Eligibility
Only those individuals who are legally empowered and have the authority to agree to this Agreement, and are competent to meet its terms, conditions, and responsibilities, are permitted to use the CTnT Platform. The platform is not accessible to users whose accounts have been disabled, whether temporarily or permanently. You are prohibited from allowing others to use your account and must acknowledge that you are the only authorized user of your account. Usage of your account on behalf of others is not permitted unless explicitly authorized by CharterTnT. Each user is required to create their own account on the CTnT Platform, and each individual is limited to one account only. CTnT has the authority to deactivate any additional or duplicate accounts. Your involvement in certain CTnT programs and your access to specific CTnT services may be contingent upon meeting additional eligibility criteria as set by CharterTnT.
In registering as a User, you confirm and assure that you are at least 18 years of age.
Charges
As a user, please be aware that requesting or using Transportation Services through the CTnT Platform can lead to various charges (“Charges”) applicable to either you or, if relevant, an organization. These charges for Passengers and/or organizations, where applicable, include specified Fares and additional fees such as tolls, surcharges, taxes, and any voluntary tips for the Bus Operator. CharterTnT holds the right to set and adjust prices, which will be communicated either through the platform's pricing terms or as a specific price quote for your requested ride. Prices may differ based on the service type, like One Way, Return, or Charter services. You are obliged to check the price quotes on the CTnT Platform and are responsible for all Charges incurred under your account, regardless of your awareness or the amounts involved.
Fare Quotas
When you request a quota on the CTnT Platform, CharterTnT will provide you with a price offer at the time of your request. This quota may change until the ride is confirmed. Changes in your final destination, substantial differences in ride time or distance from the quoted fare, or any misuse of the CTnT Platform may lead to a cancellation of the fare quota at CharterTnT's discretion.
Cancellation Policy
The CTnT Platform offers flexibility in cancelling bookings, but it's important to be aware of our cancellation fee policy. If you cancel at least 48 hours before the scheduled ride, you'll receive a full refund. Cancellations made less than 48 hours before the scheduled ride time are not eligible for a refund. This is due to the costs incurred from last-minute schedules and resource adjustments. Cancellations must be made through the CTnT Platform, and you will be notified of any applicable refunds or fees. If you have concerns about a cancellation fee, please contact CTnT customer service for review.
Damage Fee
If reported by a Bus Operator that you have caused significant damage to their vehicle, you agree to pay a Damage Fee of up to AU$500, based on the damage's extent as assessed by CharterTnT. CharterTnT may request documentation before processing this fee.
Abuse Fee
Should there be a credible report of your misuse or abuse of the CTnT Platform, you agree to pay an Abuse Fee of up to $500, as determined by CTnT. Verification or documentation may be requested before processing this fee.
Additional Charges
Other charges may apply to your ride, including airport fees, state and local fees, event fees, fuel surcharges, wait time fees, or distance surcharges, as determined by CharterTnT or its partners. Where legally required, CharterTnT will also collect applicable taxes.
Overview of Charges and Payment Process
Other charges may apply to your ride, including airport fees, state and local fees, event fees, fuel surcharges, wait time fees, or distance surcharges, as determined by CharterTnT or its partners. Where legally required, CharterTnT will also collect applicable taxes.
General Charges
Payment Processing
All Charges incurred through the CTnT Platform are processed via third-party payment processors (like Square, PayPal, etc.). CharterTnT may switch its payment processor without prior notice. Cash payments are generally not accepted, except in specific cases allowed by CTnT. By paying Charges to CTnT, you fulfil your financial obligations for using the CTnT Platform. Charges might be combined into a single transaction on your selected payment method, based on your payment frequency settings. If your primary payment method is expired, invalid, or otherwise unable to process the Charges, CTnT may charge any other registered payment methods on the platform. For unrecognized transactions, you should review your ride receipts and payment history.
Non-Refundable Charges
All Charges are final and non-refundable, except as required by law. This policy applies regardless of your decision to stop using the CTnT Platform, any interruptions to the service, or any other reasons.
Use of Coupons
You may receive Coupons that can be applied towards certain Charges. Coupons are only valid on the CTnT Platform, non-transferable, and not redeemable for cash, except where legally required. Coupons cannot be combined unless explicitly stated, and if your Charges exceed the Coupon value, the excess amount may be charged to your payment method on file. For Fares, CTnT may deduct amounts related to Service Fees, Tolls, or Other Charges before applying the Coupon. Additional terms may apply to Coupons, as communicated in specific promotions or in the Rewards section of the CTnT Platform.
Payment Card Authorization
Each time you add a new payment method or request Transportation Services, CTnT may authorize your payment method to verify it, ensure coverage for Charges, and prevent unauthorized use. This authorization is not a charge but may reduce your available credit until your bank's next processing cycle. If the authorization amount exceeds your account balance, you may face overdraft or NSF charges from your bank. CharterTnT is not responsible for these charges and cannot assist in recovering them from your bank.
Access to CTnT Platform
While there is no fee for accessing the CTnT Platform, CharterTnT reserves the right to charge fees for accessing or using Transportation Services, or Third-Party Services available through the CTnT Platform.
CharterTnT Communications
By agreeing to this Agreement or by using the CTnT Platform, you consent to receive communications from us, our affiliates, or our third-party partners. These communications can be sent to any phone numbers you have provided to CTnT, or those provided on your behalf, as well as through email, text messages, phone calls, and push notifications. You acknowledge that these communications might include automated texts, calls, or prerecorded messages from automatic telephone dialling systems. The scope of communications from CTnT, its affiliates, and/or Bus Operators may encompass operational information regarding your User account or your use of the CTnT Platform, details about CTnT Transportation Services, information on new and existing features of the CTnT Platform, marketing or promotional communications from us or our partners, and news related to CTnT and the industry at large. If you change or deactivate your provided phone number, you agree to promptly update your User account information to avoid inadvertent communications with someone who might acquire your previous number. Standard text messaging rates imposed by your mobile carrier will apply to the text messages sent by us.
To opt out of promotional emails, you can unsubscribe via the options provided in the promotional email. Be aware, however, that opting out of all text messages may affect your experience with the CTnT Platform or its services. Opting out of texts or calls will likely result in a one-time confirmation text message of the opt-out. After this, no further messages will be sent to your mobile device, unless you initiate further communication.
Your Information
"Your Information" refers to any data you supply, publish, or post, as well as information provided on your behalf, to or via the CTnT Platform. This includes your profile details and any messages you send to other Users, whether through in-app feedback, email, or postings on CharterTnT-related social media platforms like Facebook (collectively termed “Your Information”). By providing this information, you permit us to use it to create and maintain your User account, enabling your use of the CTnT Platform and participation in Transportation Services. The handling of personal information in connection with the CTnT Platform and Transportation Services is governed by CharterTnT’s Privacy Policy.
You bear full responsibility for Your Information and your interactions with others. We serve merely as a facilitator for your online publication of Your Information. You agree to keep Your Information accurate, current, and complete, understanding that both we and the public may rely on the accuracy and completeness of Your Information.
By using the CTnT Platform and agreeing to this Agreement, you grant CharterTnT a non-exclusive, global, perpetual, irrevocable, royalty-free, transferable, sublicensable right to use, reproduce, perform, display, distribute, and create derivative works from Your Information. This includes exercising copyright, publicity, and database rights in any media, whether currently known or developed in the future.
Ownership of Your Information remains with you, subject to the rights granted to us in this Agreement. You retain all ownership rights and any intellectual property or other proprietary rights associated with Your Information, as agreed between you and CharterTnT.
Prohibited Conduct
In your interactions with the CTnT Platform and during your participation in the Transportation Services, you are obliged not to engage in the following activities:
- Impersonating any individual or entity.
- Stalking, threatening, harassing anyone, or carrying weapons.
- Violating any laws, statutes, rules, permits, ordinances, or regulations.
- Disrupting or interfering with the CTnT Platform, its servers, or connected networks.
- Posting or interacting on the CTnT Platform in a way that is fraudulent, libellous, abusive, obscene, profane, sexually explicit, harassing, or illegal.
- Using the CTnT Platform in a manner that infringes upon the rights of others, including intellectual property rights, copyrights, patents, trademarks, trade secrets, rights of publicity, or privacy.
- Transmitting malicious code, files, or programs that harm the CTnT Platform or any related software, hardware, or telecommunication equipment, or that illegally intercept any system, data, or personal information.
- Forging headers or manipulating identifiers to disguise the origin of information transmitted through the CTnT Platform.
- “Framing” or “mirroring” any part of the CTnT Platform without written permission, or using meta tags or code to direct anyone to other websites.
- Modifying, adapting, translating, reverse engineering, deciphering, decompiling, or disassembling any portion of the CTnT Platform.
- Renting, leasing, lending, selling, redistributing, licensing, or sublicensing the CTnT Platform or its access.
- Employ any robots, spiders, site search applications, or other devices to retrieve, index, scrape, data mine, or manipulate the CTnT Platform.
- Linking directly or indirectly to other websites without permission.
- Transferring, lending, or selling your User account, password, identification, or any other user’s information.
- Using false information or impersonating others, or misrepresenting affiliations.
- Discriminating or harassing anyone based on race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, or sexual orientation.
- Commercializing the Transportation Services without an explicit agreement with CharterTnT.
- Misusing or abusing the Transportation Services in violation of eligibility criteria set by CharterTnT.
- Circumventing measures by CharterTnT to address or prevent violations of this Agreement.
- Causing others to engage in these restricted activities.
If you suspect unauthorized use of your User account, or any security breach or violation of this Agreement, you must immediately inform us.
Disclaimers
General Disclaimers
These disclaimers apply on behalf of CharterTnT, its affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, and shareholders.
- CharterTnT's Role: CharterTnT does not provide transportation services nor acts as a transportation carrier. It facilitates connections between Bus Operators and Passengers but does not guarantee the completion of any transportation service, nor control the quality or safety of the transportation.
- Platform and Services: The CharterTnT Platform is provided “as is” without any warranty. CharterTnT does not guarantee specific results from using the Platform or Transportation Services, including service availability in certain locations or times. We expressly disclaim any implied warranties to the maximum extent permitted by law.
- Platform Reliability: There is no warranty for the accuracy, reliability, completeness, security, uninterrupted access, or error-free operation of the CharterTnT Platform and Services. We disclaim liability for connectivity and reliability issues, including mapping, navigation, and estimated arrival times.
- User Responsibility: We cannot guarantee the identity of any User. Users should exercise common sense and caution. CharterTnT is not responsible for interactions or conduct of Users, online or offline. Users are responsible for their belongings in vehicles.
- User Account Security: CharterTnT is not liable for unauthorized use of your User account.
- Personal Information: We are not responsible for the use of personal information that you disclose on the CTnT Platform or during Transportation Services. Users should be cautious about the information they share.
- Third-Party Content: CharterTnT is not responsible for content made available through the Platform by third parties. Users should not rely solely on such information.
- Location Data: The location data provided by the CharterTnT Platform is for basic purposes only and should not be relied upon for precise needs. CharterTnT disclaims responsibility for the accuracy or reliability of this data.
Force Majeure
CharterTnT is not liable for any failure or delay in fulfilling its obligations due to events beyond its reasonable control, including natural disasters, labor disputes, war, government actions, epidemics, pandemics, and other similar events. Affected service dates will be rescheduled as soon as possible after the event.
User Acknowledgement
By using the CharterTnT Platform and participating in Transportation Services, you acknowledge and accept these risks and agree that CharterTnT is not responsible for the acts or omissions of Users on the Platform.
Indemnity
As a user of the CharterTnT Platform and participant in the Transportation Services, you agree to indemnify and, if CharterTnT chooses, defend CharterTnT and its affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, and shareholders (referred to collectively as the “Indemnified Parties”). This indemnification covers any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) that arise from or relate to:
- Your breach of this Agreement or its incorporated documents.
- Any violation of laws or third-party rights by you, including interactions with Bus Operators, Passengers, other motorists, and pedestrians.
- Allegations of infringement, misappropriation, or violation of a third party's copyright, trademark, trade secret, or other intellectual property or rights by materials or information you submit or transmit through the CharterTnT Platform.
- Your ownership, use, or operation of a motor vehicle or Passenger vehicle, specifically including your provision of Transportation Services as a Bus Operator.
- Any other activities connected to your use of the CharterTnT Platform or Transportation Services.
This indemnification obligation applies regardless of any party's negligence, including that of any indemnified person. You are not permitted, without CharterTnT’s prior written consent, to settle any claim on behalf of an Indemnified Party if the settlement involves financial compensation or any admission of liability, civil or criminal, on behalf of any Indemnified Party.
Limitation of Liability
For this section, "CharterTnT" includes our affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, or shareholders. CharterTnT will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes but is not limited to damages for deletion, corruption, loss of data, failure to store information, service interruptions, or the cost of procuring substitute services. These limitations apply to damages arising from the use of or in connection with the CharterTnT Platform, the Transportation Services, or this Agreement, including those arising from negligence, even if we or our representatives have been advised of the possibility of such damages.
While the CharterTnT Platform can be used to request and schedule transportation, goods, or services from third-party providers, CharterTnT is not liable for any issues related to these third-party services as detailed in this Agreement. This includes any damages arising from your use of or reliance on these services, or any transactions or relationships between you and any third-party provider.
The applicability of this limitation of liability may vary based on jurisdiction. Some jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations or exclusions may not apply, and you might have additional rights.
Duration and Termination Terms
Effective Period
This Agreement becomes effective when you accept its terms. It can be terminated as follows:
- By the User, without any specific reason, by providing a seven-day written notice to CharterTnT.
- By either Party immediately, without prior notice, in the event of a substantial breach of this Agreement by the other Party, including breaches of “Prohibited Conduct Section” of this agreement.
Grounds for Immediate Termination by CharterTnT
CharterTnT reserves the right to immediately terminate this Agreement or deactivate your User account under certain circumstances, including:
- If you no longer meet the eligibility criteria for being a User.
- If you are not qualified to provide Transportation Services or to operate the approved vehicle as per applicable laws, rules, permits, ordinances, or regulations.
- If your performance falls below CharterTnT's specified rating or cancellation threshold.
- If CharterTnT reasonably believes that your continued access to the platform poses a safety risk to the CharterTnT community or third parties.
In cases of deactivation for reasons (1)-(4), you will be notified of the potential or actual deactivation and given an opportunity to resolve the issue to CharterTnT's satisfaction before the Agreement is permanently terminated.
Opportunity to Cure Breaches
For other breaches of this Agreement, you will receive notice and a chance to remedy the breach. If the breach is resolved timely and to CharterTnT's satisfaction, the Agreement will not face permanent termination.
Survival of Certain Provisions
Regardless of termination or expiration, certain sections of this Agreement, specifically Sections “Prohibited Conducts” and “Intellectual Property Rights” will remain in effect.
Dispute Resolution and Arbitration Agreement
Regardless of termination or expiration, certain sections of this Agreement, specifically Sections “Prohibited Conducts” and “Intellectual Property Rights” will remain in effect.
1. Agreement to Binding Arbitration Between You and CharterTnT.
YOU AND CharterTnT AGREE TO FOREGO THE RIGHT TO A COURT TRIAL AND OPT FOR BINDING ARBITRATION to resolve disputes. This Arbitration Agreement is governed by the Commercial Arbitration Act of the relevant Australian state or territory. It remains effective even after the termination of your relationship with CharterTnT. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED under this agreement. This Arbitration Agreement covers all Claims between you and CharterTnT, its affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, or shareholders, as well as service providers like background check processors and payment processors.
All disputes, present or future, arising from or related to this Agreement, the CharterTnT Platform, the Transportation Services, and other specified interactions with CharterTnT, shall be exclusively resolved through binding arbitration. Issues concerning the scope, applicability, enforceability, or validity of this Arbitration Agreement are for the arbitrator to decide.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND CharterTnT ARE WAIVING RIGHTS TO A COURT TRIAL FOR ALL CLAIMS, except as explicitly stated otherwise. This agreement seeks to mandate arbitration for all legally arbitrable claims.
2. Prohibition of Class Actions and Non-Individualized Relief.
YOU AND CharterTnT AGREE THAT CLAIMS WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, not as class or collective actions. The arbitrator has no authority to handle claims on a class or collective basis.
3. Rules Governing the Arbitration.
Arbitrations under this agreement will be administered by the Australian Centre for International Commercial Arbitration (ACICA) or a mutually agreed upon arbitration administrator, following the rules in effect at the time of arbitration initiation, as modified by this Agreement.
During arbitration, both parties are entitled to reasonable discovery of relevant information. The arbitrator's decision will be reasoned and in writing, based on applicable law and recognizing legal privileges.
4. Arbitration Fees and Awards.
CharterTnT will bear the filing and arbitration fees if it initiates arbitration. For certain claims by or against Bus Operators, CharterTnT will cover unique costs of arbitration. Each party will bear its own attorneys' fees and non-arbitration-specific costs unless otherwise awarded by the arbitrator.
5. Location and Manner of Arbitration.
Unless otherwise agreed, arbitrations will occur in the region relevant to the dispute, following ACICA's or the selected administrator’s rules.
6. Exceptions to Arbitration.
This agreement does not require arbitration for certain types of claims, including small claims, certain representative actions, and claims outside the scope of arbitration law. CharterTnT will not demand arbitration for these claims in court.
7. Severability.
If any part of this Arbitration Agreement is deemed illegal or unenforceable, that part will be severed, and the rest will remain in effect.
8. Opting Out.
You may opt-out of arbitration for certain claims by notifying CharterTnT in writing within a specified period.
9. Optional Pre-Arbitration Negotiation.
Before arbitration, both parties may engage in a 30-day negotiation process.
10. Binding Effect; Third-Party Beneficiaries.
This Arbitration Agreement binds relevant third parties, including heirs and assigns, whose claims arise from your use of the CharterTnT Platform, services, or Transportation Services.
Confidentiality Obligations
As a user of the CharterTnT Platform, you are obligated to maintain the confidentiality of sensitive information you encounter. This includes but is not limited to, technical, financial, strategic, and other proprietary details about CharterTnT's business and operations, as well as personal information about Users you interact with, such as their names, pickup locations, contact details, and photos ("Confidential Information"). This information is provided solely for use within the scope of activities facilitated by the CharterTnT Platform.
You are prohibited from using any Confidential Information for personal benefit or purposes outside those explicitly intended by this agreement. You must not disclose this information to third parties or store it outside the CharterTnT Platform. For Bus Operators, it's crucial to recognize that some Confidential Information, particularly pertaining to Passenger(s), might be governed by federal and/or state laws regarding privacy and security.
Should you recognize a Passenger, it's imperative to maintain their confidentiality and not disclose their identity, pickup, or drop-off locations to anyone. Any breach of these confidentiality terms may result in civil or criminal consequences.
You are expected to take all reasonable steps to prevent the unauthorised disclosure of CharterTnT's Confidential Information and to ensure it does not become public knowledge. However, you are not liable for any information that:
- Was publicly known at the time of disclosure or subsequently became public through no fault of yours.
- Was already known to you, as evidenced by your records, before it was disclosed by CharterTnT.
- Is disclosed with CharterTnT's prior written consent.
- Is disclosed by a third party without breaching this Agreement and without violating CharterTnT’s rights.
- Must be disclosed due to a legal or governmental order, provided that you promptly inform CharterTnT of such a requirement to allow them to seek a protective order or take other actions to limit the disclosure.