Terms and Conditions

Cooee Busways is an on-demand transport service operated by Busways Blacktown Pty Limited (ACN 000 173 437).

Acknowledgement and Acceptance

Your use of the Website, App and Services is governed by the terms and conditions set out below, as updated by Cooee Busways from time to time. By downloading the App, accessing and/or using the Services, you have accepted the terms and conditions in their entirety and a contractual relationship is formed between you and Cooee Busways. You are responsible for your 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, THE WEBSITE AND/OR THE SERVICES.

If you do not agree to these Terms and Conditions, then you must not use the Services and/or the App. These terms and conditions supersede any prior arrangement between you and Cooee Busways and Cooee Busways may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above. Cooee Busways may immediately terminate these terms and conditions or any Services with respect to you, or generally cease offering or deny access to the Website, App or Services or any portion thereof, at any time for any reason.

Cooee Busways may amend the Terms related to the Website, App and Services from time to time for any reason. Amendments to these terms and conditions will be published on the Cooee Busways Website and your continued use of the Website, App or the Services is taken as acceptance of the amendments.

You are responsible for obtaining the data network access necessary to use the Website, App and Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website, App or Services from a wireless-enabled device and you are responsible for such rates and fees. You are responsible for enabling notifications from The App to ensure you receive confirmation of the Booking, notifications in relation to their trip any other updates or notifications from Cooee Busways and Transport for NSW (TfNSW) from time to time. You may choose not to enable notifications however by doing so, you acknowledge that your use of the App may impact your use of the Services.

Definitions

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

  • “App” means the Cooee Busways customer applications available for download from the Google Play and Apple iTunes stores.
  • “Associated Parties” include Cooee Busways’ related entities and VIA (the provider of the Booking and Driving solution Apps), their contractors and subcontractors.
  • “Booking” means a confirmed agreement for Cooee Busways to pick-up the User at a nominated time and location and transport them to an agreed location.
  • “Cooee Busways” is the operator of the Services under contract with TfNSW
  • “Personal Information” means information on or opinions about passengers including passenger’s names, dates of birth, contact details and sensitive personal information (including information about mobility/accessibility requirements).
  • “Service Area” means the geographical zone in which the App Services is available. More details about the zone can be found on the Busways’ Website.
  • “Services” means the provision of On Demand transport services by or on behalf of Cooee Busways within a dedicated Service Area and available to be booked by the User.
  • “TfNSW” means Transport for NSW, a corporation constituted under the Transport Administration Act 1988 (NSW), on behalf of the State of New South Wales, of 18 Lee Street, Sydney NSW.
  • “User” means any individual that downloads the Website, App and/or uses the Services.
  • “Vehicle” means a vehicle used by Cooee Busways to provide the Services.
  • “Website” means the web pages accessible via cooee.busways.com.au.
  • “You” means the individual that is entering in the contractual relationship for these terms and conditions.

Account requirements 

To access the Services, you will need to create an account in the App. The creation of an account will require the provision of Personal Information and payment methods. Two payment methods are available: via the nominated credit/debit card account provided at time of registration; or, via credit/debit card processed on the Vehicle at boarding. Cooee Busways will treat all Personal Information provided by you in accordance with our Privacy Policy found on our Website.

By becoming a User, you warrant that you have the right, authority and capacity to enter into and abide by these terms and conditions. You may not allow other persons to use your account and you agree that you are the sole authorised user of your account.

You must have a Booking to board a Vehicle. Cooee Busways’ Vehicles will not, under any circumstances, pick-up passengers hailing Vehicles or waiting at ranks.

Cooee Busways does not warrant that the Website, App and/or the Services, or any portion thereof, will be accurate, reliable, secure, accessible, free from errors or defects or that the Website, App or Services, or any portion thereof, will function on any particular hardware or devices. It is your responsibility to investigate whether the use of the Services will meet your requirements.

When is a Booking made?

A Booking is made on confirmation from Cooee Busways through the App and notification of the estimated pick-up time is provided to the User. Until a User has received this notification, no Booking will be accepted by Cooee Busways.

Cooee Busways reserves the right to refuse carriage if you do not have evidence of your Booking.

Multiple Passengers

Users are able to include up to seven passengers on one booking. You must nominate at the time of Booking if there are additional passengers for the trip. You acknowledge that a failure to notify Cooee Busways at the time of arranging the Booking may entitle Cooee Busways to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.

Specific Assistance

If there is a passenger who requires assistance with boarding you should notify the Driver, who will endeavour to assist in accordance with their training and WHS Law. Assistance animals are welcome on board the Service.

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

Booking Cancellation

You may cancel a Booking without incurring any costs:

  • Up to one and a half minutes after Booking; and
  • After the latest pick-up time when:
    • The Vehicle is more than 5 minutes later than the last drop-off time; or
    • Your expected drop-off time is more than 5 minutes after the latest drop-off time specified.

No fees will apply where a User is absent and the Vehicle arrives after the last pick-up time.

For cancellations outside these windows, Cooee Busways reserves the right to charge a cancellation fee equal to 100% of the fixed fare of the Service. The cancellation fee will be processed electronically from the User’s nominated account and a receipt forwarded to the User’s nominated email. If a User repeatedly cancels Bookings without notifying Cooee Busways 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.

Booking Cancellation by User Without Notice

If you are not at the designated pick-up point at the Booking’s latest pick-up time, Cooee Busways has no obligation to wait for you and may leave without you. This will be considered a cancellation without notice by you. Cooee Busways reserves the right to charge a cancellation fee equal to 100% of the fixed fare of the Service. The cancellation fee will be processed electronically from the User’s nominated account and a receipt forwarded to the User’s nominated email. If a User repeatedly cancels Bookings without notice, the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.

Fares and Charges

Fares for the Services are displayed on the Busways’ Website and consist of a set fee per trip. Fares are determined by TfNSW and may be changed from time to time – current pricing will be available on the Busways’ Website and in the App prior to Booking completion. Unless otherwise stated, fares are inclusive of all taxes. We may also offer promotional pricing for limited periods of time.

All payments will be processed electronically (no cash fares will be accepted). For payment by credit/debit card on Vehicle, the applicable fare will become due and payable to Cooee Busways on boarding the Vehicle. For payment by registered credit/debit card, the applicable fare will be processed electronically from the User’s nominated account on completion of the Service and a receipt forwarded to the User’s nominated email.

Where available, if you or an additional passenger books a concession fare, evidence of their valid concession entitlement must be carried with them at all times when using the Service and must be clearly displayed to the driver on request. If a User fails to provide a valid concession entitlement Cooee Busways reserve the right to either (a) charge a full fare or (b) refuse carriage at Cooee Busways discretion. Accepted concession entitlements can be found on the TfNSW website: https://transportnsw.info/tickets-opal/ticket-eligibility-concessions

You are responsible for the cost of repair for damage to, or necessary cleaning of, Cooee Busways’ Vehicles resulting from your use of the Services including any significant damage, soiling or graffiti caused directly by you or an additional passenger but excluding fair wear and tear.

Conditions of Carriage

When using the Services, you agree to abide by all applicable laws and policies, including but not limited to those set out in the Passenger Transport Regulations 2014 (NSW), and TfNSW’s travel courtesy and etiquette guidelines.

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

Privacy and Personal Information

Use of the App or the Website may require individuals to disclose Personal Information when creating their User profile. The App will also collect information about the User’s use of the Services, including trips booked and payments made.

Any Personal Information received by Cooee Busways will be treated in accordance with our privacy policy, located on our Website https://www.busways.com.au/privacy-policy. Users are responsible for any Personal Information they disclose to third parties through their use of the application

In addition, the Personal Information of a User may be provided to third parties, such as TfNSW. TfNSW may disclose such Personal Information to other Australian government agencies. These government agencies may use Personal Information for any purpose relating to the exercise of their government functions. Personal Information may also be disclosed to other third parties if required by law.

TfNSW may also use passengers contact details to conduct surveys relating to the provision of the service provided by Cooee Busways.

In the event of a claim or accident the User Personal Information may also be shared with Cooee Busways’ insurers and external legal advisors.

By using the Services, Users consent to the collection, use and disclosure of their Personal Information in the manner outlined above.

Ownership of Intellectual Property (IP)

All IP associated with the Services is owned by Cooee Busways, its Associated Parties or TfNSW unless otherwise specified. By using the Services, Users are granted a revokable, non-perpetual, non-exclusive licence to use the App for the purposes outlined above and no other purpose. Cooee Busways and TfNSW give no warranties, and will not in any circumstances be liable for, the infringement of third party IP rights in relation to the use of the App.

Any material (other than Personal Information) uploaded by you will become the property of Cooee Busways. This includes feedback comments, ratings of Cooee Busways’ 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 App or Website, you consent to the use of these in promotional material or other publications by Cooee Busways.

Limitation of Liability

Cooee Busways will always use best endeavours to deliver the Services in line with these terms and conditions.

To the extent permitted by law, Cooee Busways 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 Cooee Busways or a third party) caused by or contributed to by your use of the Website, App and/or the Services.

Without limiting this section, Cooee Busways will not be liable for any costs incurred by you as a result of a cancelled 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.

To the extent that Cooee Busways is responsible for any direct loss, Cooee Busways’ obligations are limited to either (i) reperformance of the Services; or (ii) refund of the fare.

To the extent permitted by law, a scheme under Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations or liabilities for either party under this Agreement whether those rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

The limitations under this section do not purport to limit liability or reduce your rights as a consumer that cannot be excluded under the consumer law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Indemnity

You agree to indemnify Cooee Busways, TfNSW 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:

  • Your use of the Website, App and/or the Services;
  • Your breach or violation of any of these terms;
  • Cooee Busways’ use of information provided by you (provided this is in accordance with our privacy policy); or
  • Violation of the rights of any third parties, including third party providers and other Users.

Suspension or Termination of Accounts

The App has the ability for Users to rate Cooee Busways drivers and the Service for each trip, as well as the ability for Cooee Busways drivers to rate Users. There is also the ability for comments and feedback to be provided via email at cooee@busways.com.au.

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

Dispute Resolution

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

All feedback and enquiries should be lodged at first instance using the TfNSW Infoline:

Notices/Communications

Cooee Busways can be contacted directly through the following avenues:

By registering as a User or using the Services, you agree to receive communications from Cooee Busways or TfNSW including via email, text message, calls and push notifications. It is your responsibility to ensure that the email and phone number linked to your Account are both valid and regularly monitored. Standard text messaging charges applied by your mobile phone carrier may apply to text messages we send.

You may unsubscribe from notices at any time through the Busways Website. You acknowledge that unsubscribing from notices may impact your use of the Website, App and/or the Services and under no circumstances will Cooee Busways be liable for a failure of the App or the Services due to the same.

Relationship between the Parties

In relation to the performance of Services, Cooee Busways will provide the Services as an independent contractor and nothing in these Terms and Conditions will be construed so as to constitute Cooee Busways as your employee 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 Website, App and the Services will be governed and construed in accordance with the laws of New South Wales and you submit 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.