Terms and Conditions

These Terms and Conditions govern your use of the EFTPOS terminals, accounts, reporting tools and related services supplied by UP 26 Pty Ltd (ABN 50 660 101 379) trading as Taxi Transact, of Marsden Park, New South Wales ("Taxi Transact", "we", "us"). By activating a terminal, opening an account, or processing a transaction through our systems, you agree to these terms.

Where you also hold a separate written agreement with us — for example a fleet or base agreement — that agreement prevails to the extent of any inconsistency.

Our services are offered to taxi drivers, and to the vehicle owners, taxi bases and fleet managers that support them, operating lawfully in Australia. To open an account you must:

• be at least 18 years of age and able to enter a binding contract;
• hold the driver authorisation, licences and vehicle authorisations required in your state or territory;
• provide identification sufficient for us to meet our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and
• provide an Australian bank account in the name of the account holder for settlement.

Each account is tied to a driver identifier and, where applicable, a vehicle or plate number. You are responsible for all activity conducted under your account and credentials, including activity by any person you allow to operate your vehicle or terminal.

You must notify us immediately at 02 7257 5404 if you believe your credentials or terminal have been lost, stolen or used without authorisation.

Terminals and related equipment supplied by us remain our property unless the documentation for your plan states otherwise. You must:

• use the terminal only for lawful transactions arising from your point-to-point transport work;
• keep it secure and in working order, and not modify, open or relocate it without our consent;
• return it in reasonable condition within 30 days of your account closing; and
• report faults promptly so a replacement can be arranged.

Charges may apply for loss, damage beyond fair wear and tear, or failure to return equipment, as set out in your plan documentation.

We process credit card authorisations, mobile authorisations, cash receipting, refunds and reprints on your behalf. An authorisation indicates that the card issuer approved the transaction at that moment; it is not a guarantee of final payment, and a transaction may later be reversed under card scheme rules.

You must not: split a single fare across multiple transactions to avoid limits; process a transaction that does not relate to a genuine fare or service you provided; process a transaction on your own card for the purpose of obtaining cash; or surcharge in excess of the amount permitted by law and the applicable scheme rules.

Settlement occurs on the cycle described in your plan documentation. Where account processing and balance withdrawal are available on your plan, they are subject to available balance and to any limits we apply.

We may hold, delay or reverse settlement of funds where we reasonably suspect fraud, a scheme rule breach, an error, or where required by law or by a card scheme, and will tell you as soon as we are permitted to do so.

Fees, commissions and any equipment charges are set out in your plan documentation and form part of these terms. We will give you at least 30 days' written notice before increasing a recurring fee, except where a change is required by a scheme or by law.

Refunds must be processed against the original authorisation through the terminal. Where a cardholder disputes a transaction, the card scheme's chargeback process applies, and you agree to provide the supporting records we reasonably request — dockets, shift reports and trip details — within the timeframe we specify.

You are responsible for the value of a chargeback and any associated scheme fee where the dispute is resolved against you.

• Comply with all applicable laws, including point-to-point transport, consumer and privacy laws.
• Comply with card scheme rules as they apply to you.
• Keep your contact, bank and identification details current.
• Not interfere with, reverse engineer, or attempt to gain unauthorised access to our systems.
• Cooperate with reasonable requests for information in connection with a dispute, audit or legal obligation.

We may suspend or restrict your access to a terminal, account feature or the services where we reasonably believe there is a risk of fraud or loss, where you have breached these terms, or where we are required to do so. Where practicable we will tell you first; where not, as soon as we can.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. To the extent permitted by law, our liability for any claim connected with the services is limited, at our option, to resupplying the service or paying the cost of having it resupplied, and we are not liable for indirect or consequential loss, or for loss of profit or anticipated earnings.

We are not liable for outages caused by telecommunications carriers, card schemes, acquiring banks or other third parties outside our reasonable control, though we will work to restore service as quickly as we can.

You may close your account by giving us 30 days' notice. We may terminate on 30 days' notice, or immediately where you have committed a serious or repeated breach, where required by law, or where a scheme or acquirer withdraws the ability to process your transactions. On termination you must return the terminal, and we will settle any remaining cleared balance less amounts you owe us.

We may change these terms. We will publish the updated version on this page with a new version number and date, and give you at least 30 days' notice of any change that is materially adverse to you, unless a shorter period is required by law or by a card scheme. Continuing to use the services after a change takes effect means you accept it.

These terms are governed by the laws of New South Wales, and you and we submit to the non-exclusive jurisdiction of the courts of that state. If any provision is unenforceable it is severed and the rest continues to apply. We may assign our rights under these terms; you may not without our written consent.

Questions: support@taxitransact.com.au or 02 7257 5404.