Terms & Conditions

Terms & Conditions

Terms and Conditions

Definitions

“App” means Xemo’s mobile Application.

“Bus” means and includes Buses, coaches or vehicles provided by Xemo to the Guest by virtue of the Terms and Conditions contained herein.

“Guest” means passenger, hirer or customer, or anyone else whose booking is made through the Guest.

“Our” means Xemo Pty Ltd (ACN 629 932 690), its partners, affiliates, representatives or successors and assigns or any person acting on behalf of and with authority of Xemo.

“Service” means the service provided by us to you, transport through the appropriate routes to your destination.

“We” means Xemo Pty Ltd (ACN 629 932 690), its partners, affiliates, representatives or successors and assigns or any person acting on behalf of and with authority of Xemo.

“You” means the Guest, customer, passenger or hirer.

Please read the following terms and conditions carefully. These terms and conditions incorporate the basis upon which bookings are accepted by us. These terms and conditions apply to all users of the website and App, including users who upload any materials to the website or App, users who use the services, and users who simply view the content on or available through the website or App.

If you do not accept these terms and conditions, then do not use this website / app or any of its content or services. These terms and conditions may be amended or updated by us from time to time without any notice. It is your responsibility to review these terms and conditions for any changes. Your use after any amendments or updates of these terms and conditions shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms and conditions.

Acceptance of Terms

By making a booking with us, you acknowledge that you have read, understood and accept these terms and conditions.

Booking a Service

1.     In order to use the services, you will be required to register for an account and provide certain information, including personal information. You must provide your name, last name, email address, mobile number and billing address. At registration, the App will request permission to access the Guest’s location, which you agree to provide. All personal information that you provide will be treated in accordance with the terms of our Privacy Policy. You will also be required to select a password. If you use the Book a Trip Service, you must enter details for a valid credit card that you are authorized to use. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other person. We are not responsible for any loss or injury you may incur as a result of activities on your account, including unauthorized activities. Please notify us immediately if you learn or suspect that your account has been compromised.

2.     Subject to you registering for an account either before or during the booking process, you may book a trip posted on our Website through our App. If you would like to book a trip on our App, you may do so by selecting the applicable trip. Services under the Booking a Trip service are not guaranteed unless the minimum threshold number of sales indicated is achieved no less than three (3) days prior to the date of the relevant Service.

3.     You can log into the App and select the preferred pickup and drop off location and purchase a boarding pass for the transportation. The App will allocate the best route available at the time the services are booked.

4.     From time to time we offer a feature of the service that permits you to request a trip not yet posted on the App. If you would like to book a trip that is not posted on the App, you can place a request with us. We have the sole discretion to determine which trips we run, and we make no guarantee that we will service the trip you request. If we choose to service the trip you request, we will notify you by an email or via the App and you can proceed to the trip.

5.     By making a booking with us, you agree to be contacted by us or any of our representatives via the telephone number provided at the time of registration.

Service Routes

The location of stops can change due to organizational and operational reasons. We recommend that you check the time and place of departure before the journey to ensure you have the right location.

The arrival and departure stated in timetables are always stated in local times.

Each Guest can reserve more than one seat at a time.

Transport of luggage, prams and bicycles

All hand luggage is luggage which is easily portable or can be placed under the passenger’s seat. Passengers are responsible for their hand luggage during the journey.

Bicycles, skis, and snowboards are not accepted for the journey. Prams and wheelchairs must be folded.

We are not responsible and accept no liability for the luggage left on the bus.

Prohibited Items


a) Alcoholic Beverages (unless written consent has been given)
b) Smoking
c) Food
d) Fuel containers or Gas bottle
e) Fire Arms or any other weapons.

Animals

No animals are permitted to be carried on any vehicle booked with us, with the specific exception of recognised assistance dogs, (which includes guide dogs). Further details regarding assistance dog organisation can be found at http://www.assistancedogsinternational.org

Complaints

All complaints in respect of the our services should be made in writing to our head office within fourteen (14) days of the completion of the trip.

Payments


When you make a booking for our service, you will be required to pay for the service in advance of the trip running by entering your credit card details. Payments will be processed on the day our service runs as per your booking (Credit cards may take between 3 and 5 business days to be processed by your credit card provider and displayed on your account.).

Cancellations and Refunds

We offer the following refund policy for any of the tickets bought for our service:

  1. 100% money back if cancelled 48 hrs before the start of a trip.
  2. No refunds for requests made less than 48 hrs before the start of a trip.

If you wish to cancel your booking, you should advise us 48 hours before the trip starts by emailing us on support@xemo.com.au


Exchanges

Exchanges are only available on a case-by-case basis and are subject to availability. If alternative seats are not available on the trip you wish to exchange your ticket for, we will not be able to process an exchange. Any difference in price, because of the exchange will be required to be paid.

Guest booking trip is not transferable.

The Guest’s rights, obligations & Property

1.     By engaging our services, the Guest and any passenger’s booked through the guest agrees to:

a.     abide by these Terms and Conditions;

b.     pay the price of the service;

c.      provide accurate information when registering and keeping such information up to date;

d.     treat the bus driver, other passengers and any other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, violent, discriminatory, hateful, disruptive, offensive, obscene, harassing or otherwise harmful to other users, third parties or the public. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements; and

e.     act honestly and in good faith and in a manner that will not harm the goodwill or our reputation.

2.     The Guest needs to ensure they arrive 5 minutes before departure.

3.     The Guest is obliged to present a valid boarding reference number provided by us at the time of booking for the purposes of checking the booking at the time of boarding. They also need to provide a boarding reference for each other passengers booked by them. The number provided must correspond with the number on our system. In the event the Guest does not have the booking reference number, the driver is obliged not to accept him/her for transport and the passenger is in no way entitled to a refund of the fare.

4.     By purchasing the boarding pass, the Guest agrees with these Terms and Conditions and gives us the consent to personal data processing.

5.     The Guest is obliged to check whether the boarding pass was issued according to their order immediately upon obtaining the boarding pass. If the boarding pass does not correspond to the travel route requested, the Guest is entitled to refuse the boarding pass. If the Guest notifies the discrepancies in the details on the boarding pass later, we will proceed in accordance with cancellation conditions, and this will not be considered as a complaint.

6.     If the Guest does not present themselves for departure or miss the departure, they are not entitled to any refund of the fare.

7.     The Guest is not entitled to compensation if he/she was not transported on time.

1.     Guests may be excluded from transport if they:

a.     are under the influence of alcohol, drugs or other psychotropic substances;

b.     smoke, drink excessive amounts of alcohol or use drugs or other psychotropic substances on the bus;

c.      behave noisily, play noisy music, use audio-visual technology noisily or bothers other passengers by other inappropriate behaviour;

d.     damage the vehicle and equipment;

e.     does not comply with the transport rules, these Terms and Conditions or the instructions or orders of a person authorized by us;

f.       engage in harassing, discriminatory, violent, hateful, offensive, obscene or otherwise harmful behaviour, including without limitation, any physical acts of violence and/or verbal threats;

g.     don’t have a valid ticket;

h.     for any other reason that the driver or our personnel or representatives deem to be reasonably necessary to protect the safety of the other passengers, the driver and any other third party; or

i.       are carrying illegal, restricted, or harmful substances or goods, including without limitation, drugs, firearms and other weapons.

2.     The Guest who was excluded from transport is not entitled to any fare refund.

3.     The driver is responsible for the safety of the vehicle. Any Guest whose conduct is in breach of statutory regulations may be removed from the vehicle or prevented from boarding on the drivers’ authority.

4.     Persons under the influence of intoxicating liquor or drugs who are likely to become objectionable or unruly towards other persons inside or outside of the vehicle; or Guest’s who may become sick or abusive may be refused carriage.

5.     Any damage or excess cleaning caused by you will be solely the responsibility of the Guest. We reserve the right to charge you or withhold bond monies if any damage, repairs or excess cleaning is caused during or as a result of the service. Costs are to be paid as soon as amounts are determined on demand. Vehicles are thoroughly checked before and immediately after all services.

6.     Smoking is not permitted on any of our vehicles. It is against the law in Victoria to smoke on public transport. If you are found on the bus or at a later date to have been smoking, additional charges may be applicable.

7.     Alcohol is not to be consumed whilst on our vehicles.

8.     No food is allowed to be consumed within our vehicles.

9.     Guest’s are not permitted to place any part of their body outside the vehicle whilst the vehicle is moving.

10.  We shall not be held liable for any loss or damage of baggage or effects. In any event where we are found by any Court of Law as responsible or negligent the liability is limited. Further, we are not responsible for any damage to or loss of any property left upon the vehicle by a Guest whether or not within our knowledge. All articles of lost property recovered from the vehicle will be held at our head office for a maximum of three (3) months. Please email support@xemo.com.au in this regard.

Our rights and obligations

We reserve our rights, for changes in timetables and use of substitute buses. If the timetable is changed, the Guest is entitled to the compensation of the fare or its part (in the case of a partly used tickets), when it is not possible to use the boarding pass completely.

Force Majeure

We shall not be liable to any of our Guests for any delays or non-performance to the extent due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to acts of the bus operator, driver illness, regulatory compliance, acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accident, mechanical failure, road, traffic or weather conditions, labour difficulties, civil disturbance, strikes or any other causes or circumstances beyond our control. All arrival and departure times are approximate and cannot be guaranteed.

Termination

Under certain circumstances and without prior notice, we may immediately terminate your ability to access the Website or the App or portions thereof. Reasons for the termination shall include, but is not limited to the following:

(a)   Breach or violation of these terms and conditions or any other agreement you may have with us.

(b)   Request made by law enforcement or other government agencies.

(c)    Request by you.

(d)   Unexpected technical, security or legal issues or problems.

(e)   Any fraudulent or illegal activities.

You acknowledge and agree that all termination may be made by us in our sole discretion and that we will not be liable to you or any third-party for any termination of your access to the website or App. Any termination by us, shall be in addition to any and all other rights and remedies that we may have.

Limitation of Liability and Indemnity

We do not accept liability in contract or in tort (actionable wrong) of any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control or which are not preventable by reasonable diligence on our part including but not limited to war, civil disturbance, fire, floods unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action (whether or not involving our employees and even though such action may be settled by acceding to the demands of a labour group).

We do not accept any liability for any indirect, incidental, special, consequential, exemplary act, omission or default, whether negligent or otherwise, including, without limitation, any damages that result from:

(a)   any errors, mistakes, or inaccuracies in the contents on the website or the App;

(b)   personal injury or any damage to property of any kind whosoever arising from or relating to your use of the service, website or App;

(c)    your inability or your use of the website, App or service;

(d)   your interactions with other passengers, the driver, or any other persons required to be engaged as part of the service;

(e)   any cost of purchasing substitute goods, data, information or service;

(f)     any expenses or losses sustained as a result of being refused the service or being removed from the bus;

(g)   any bugs, viruses, trojan horses, or any other filed or data that may be harmful to computer or communication equipment or data that have been transmitted to or through the website;

Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement or any services provided in relation thereto (for any cause whatsoever and regardless of the action), will at all times be limited to the greater of (i) $50 AUD or (b) amounts you have paid to us for the service. If liability cannot be excluded, the liability will be limited to the value of the contract price. The foregoing limitations shall apply to the fullest extent permitted by law.

You shall indemnify and hold us, and all our subsidiaries, affiliates, officers, agents, employees and contractors, harmless from all claims, actions, proceedings, demands, damages, losses, costs and expenses, and any legal costs incurred in connection with any services offered by us, any materials submitted on the website or App, and interactions between you and any other user or any violation of these terms and conditions.

Disclaimer of Responsibility

We subcontract bus transportation offered through the services to independent bus operators. We make reasonable commercial efforts to ensure that the independent contractor provides the bus transportation in accordance with the Services and in a professional and timely manner. However, we do not have any direct control over the acts or omissions of the independent contractors. We also does not have any control over any Event. Accordingly, to the greatest extent permitted by law, you hereby agree and acknowledge that we expressly disclaim any and all responsibility and liability for any acts or omissions by any independent contractor or otherwise which may give rise to a claim by you, whether for personal injury, loss, damages, or otherwise and whether based on warranty, contract, tort (including negligence) or any other legal liability and that you shall hold us harmless in respect of such claim.

Security

Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website and App or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

Governing Law and Entire Agreement

These terms and conditions will be governed by and construed in accordance with the laws of Victoria, Australia and together with the Privacy Policy published on this website, constitutes the entire agreement between the parties. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. These terms and conditions shall not be modified unless amended by us by updating. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

Copyright, Trademarks and User Licenses

All contents on the website including text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof (the “Content”) is Copyright @ 2019 Xemo Pty Ltd. ., its suppliers and/or licensors unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for or expressly authorised in writing by us or our affiliates. You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by these terms

The trademarks listed below are our trademarks. All other trademarks displayed on the website are trademarks of their respective owners. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the website without the express written permission from us. Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to our website. However, such use requires the express written authorisation from us and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

When using the website you may provide us with information about yourself or other matters. By doing this you, subject to our Privacy Policy, grant us exclusive rights in all of this information and all information derived or generated from it, in all existing or future media. These rights include, but are not limited to, the right to display your information anywhere on our website and other media properties, to search the information, and, consistent with our Privacy Policy, to repackage and present or supply the information to a third party. By placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant us a perpetual royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material: * restricts or inhibits any other user from using or enjoying the Content on the website; * is unlawful, threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including and without limitation to any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws; * violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner; * contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it’s servers and the Content thereon; * contains any promotional material or advertising; * constitutes or contains false or misleading statements.

You expressly acknowledge and agree that we do not exert control over users of the website and are not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. We do not and cannot review all information posted to the website by users and are not responsible for such information. However, we reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.

Advertising, links to third party websites and e-commerce offers, hyperlinks and other pointers to internet websites are operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by us. By following a link to any such website, you do so entirely at your own risk.

Feedback

Any feedback, suggestions or comments relating any aspect of the website, App and/or our service, can be provided via support@xemo.com.au

Last updated: 24 Mar 2019