These Terms of Service govern your use of Aqas applications, our website located at https://aqas.com, and any related services provided by Aqas.
When you create an Aqas account or use Aqas, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Aqas.
If you access or download Aqas from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, Aqas, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you, the Account holder, and Aqas. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
These Terms of Service were last updated on 1 August 2024.
In these terms of service, unless the context otherwise indicates or requires:
These Terms govern the supply by Aqas Pty Ltd to you of delivery and transportaton arrangement and related services (the Service).
Your use of the Service constitutes your agreement that you and any other passengers for whom make arrangements are bound by these Terms. If you do not agree, you may not use the Service. Aqas may amend or terminate these Terms or the Service at any time and for any reason.
Aqas is not a carrier, and does not provide delivery or transportation services. All services are provided by independent contractors (Carriers), who are not agents of or employed by Aqas.
The Service is a technology platform that enables users of Aqas's App, through mobile devices or on its website, to arrange services with Carriers, and includes related services such as use of the website, payment facilitation, associated content and other products Aqas makes available to users.
Aqas is not responsible nor liable for the acts and/or omissions of any Carrier service provider and/or any Carrier services provided to you.
By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Service and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons who are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Service. You further confirm that all the information which you provide to Aqas shall be true and accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are located while using the Service.
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. Aqas is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. Aqas reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
If you are a Carrier you further represent, warrant/undertake that you possess a valid Carrier's license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a Carrier, must inform Aqas immediately if you stop holding aforementioned licenses, approvals, qualifications, certificates.
By using Aqas and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
When a Customer accepts a delivery offer from a Carrier, this constitutes Carrier's intention and offer to enter into a contract with a Customer, where a Carrier will provide a Customer with the service in exchange for the quoted price.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Aqas to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Services, and Aqas will not be held accountable in relation to any transactions between the Customers and the Couriers where tax related misconduct has occurred.
A refund is a partial amount of a fee from an accepted delivery that is cancelled or returned, which the Customer will receive back, the amount will be refunded within 7 days after the order was cancelled or returned. Refunds will apply to the Customers only. Refunds are up to the amount received as payment to Aqas, minus the payment processing and service fees.
The Carrier receives a portion of the refund when they were in-transit to a delivery and it was cancelled by the Customer. The customer receives the refund, minus the Carriers benefit in this scenario.
Carriers will receive 75% of the offered delivery fee 3 days after a delivery completes into their Aqas balance. The payment is delayed until all pending support cases related to the delivery by the Customer are closed.
Aqas balance is able to be withdraw at anytime to an active PayPal account with the associated email address. 3% withdraw fees apply.
With respect to your use of Aqas and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:
For new Aqas users:
The Order can be placed by the Sender using the functionality of the Service in the App. Registration of the Order and carrier transportation is carried out by the Carrier and the Sender on the terms and conditions agreed between them such as transportation price, pick-up (Point "A") and drop-off (Point "B") addresses, type of freight, transportation and delivery methods and procedures, and other conditions determined by the Sender and the Carrier additionally.
The Sender, while placing the Order on the Service, determines the pick-up and drop-off addresses (Points "A" and "B"), type of freight, transportation and delivery methods, procedures, criterias and cost limits. Several Carriers may respond to the Order, and offer their own price for the Order. The Sender chooses the Carrier based on the conditions they offer, price, Carrier's ratings, transportation methods. After a Carrier's delivery offer is accepted for an Order by the Sender, it is considered that the Carrier and the Sender have agreed on all essential terms and conditions of delivery transportation services between each other.
When filling out information about the pick-up and drop-off addresses (including the correct name of the settlement, street (avenue, highway, etc), house number (including building, structure, construction etc), entrance, apartment, floor, intercom code) or when choosing the addresses from the available selection in the Application, the Sender is obligated to check the correctness of the previously specified information.
The Sender is responsible for the completeness, sufficiency and correctness of the information entered when placing the Order. The Sender accepts the risks of the consequences of incorrect indication of the information necessary for the execution of the Order, including those leading to the impossibility of the proper execution of the Order.
The Sender undertakes to ensure unobstructed delivery transportation to the Point "B" for the Carrier, as well as to ensure their presence or the presence of a third party, designated and capable of accepting the freight, at the specified drop-off address (Point "B").
The Carrier does not accept any Order where doing so would place them in breach of rights to work, or in breach of a VISA condition. Where Aqas is aware that you have conducted delivery one or more Orders in breach of a condition on your right to work, Aqas may take any action reasonably necessary to ensure that you do not continue. Aqas may restrict or deactivate your access to the Service.
The Carrier has responsibility to:
The Carrier agrees:
At the time of receiving the delivery, the Carrier undertakes to check the contents for compliance with the registered Order in the Application.
When receiving the freight from the Sender, the Carrier should:
Users of the Service guarantee not to use the Service for ordering or transportation purposes of:
Senders for delivery and ride-share agree:
If you have a Carrier who you feel is acting or has acted inappropriately, including but not limited to:
Aqas neither offers nor arranges insurance for any damage, loss or delay to any Article. The Sender acknowledges that the prices charged for the Services have been agreed taking into account that Aqas does not offer or arrange such insurance. Any insurance required by the Sender for any Article is to be arranged by the Sender independently of these terms.
You must, at your cost, take out and maintain:
You must provide Aqas with evidence of your insurance arrangements on request.
For your motor vehicle insurance, you acknowledge and agree that: (i) motor vehicle insurance policies must name you as the policyholder or individually rated driver; and (ii) certain private motor vehicle insurance policies (including some insurance policies held with vehicle rental or leasing providers) may not provide cover arising from your provision of Delivery Services. It is your responsibility to resolve queries regarding insurance scope and coverage with your insurer.
For your workers' compensation insurance, you acknowledge and agree that: (i) you are self-employed and you are not an employee or deemed worker of Aqas and/or Aqas for the purposes of applicable Law; and (ii) accordingly, Aqas is not required to maintain or provide you with workers' compensation insurance or any other occupational injury insurance.
If you appoint a delegate, it is your sole responsibility to ensure that the delegate also has the appropriate insurance.
It is your sole responsibility to inform your insurer of the use of your motor vehicle while providing Delivery Services and to meet other notification requirements under your insurance policy.
A carrier agrees:
Use of the Service will result in charges for delivery/transportation that is arranged between the Sender and Carrier based on the delivery offer (Charges). Aqas will facilitate the payment of the applicable Charges to the Sender. Charges will be inclusive of applicable taxes. Based on the outcome of the delivery, charges to the Sender can be refunded by the Carrier, or at Aqas's discretion up to the payment amount received from the sender, minus any fees.
Charges are due at the time the Service is used. Payment will be facilitated by Aqas, after which Aqas will send you a receipt by email. The request for transportation from a Carrier can be cancelled at any time prior to the Carrier's arrival, in which case there will be a cancellation fee charged.
Other charges, such as for waiting time or failing to use the transportation after the Carrier has arrived, may be notified in the App. You agree that Aqas may charge all such Charges to your Account without need to notify you or obtain your consent.
Aqas may, as required by Law (including, for example, if you fail to provide Aqas with a valid and accurate Business Number before Aqas makes a payment to you), withhold, deduct or collect and remit any Taxes resulting from your provision of Delivery Services or which Aqas is otherwise required to withhold, deduct or collect in relation to you or any payments due to you under this Agreement and provide any information Aqas collects directly to Tax or other governmental authorities, if required. If Aqas withholds, deducts or collects any such Taxes you will not be entitled to receive any additional amount from Aqas on account of such Taxes.
Repair or Cleaning Fees - the Carrier shall be responsible for the cost of repair for damage to, or necessary cleaning of, Carrier vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Carrier reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Aqas in Aqas's reasonable discretion, Aqas reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Carrier using your payment method designated in your Account. Such amounts will be transferred by Aqas to the applicable Carrier and are non-refundable.
Tolls - Passenger fare will include tolls if the trip goes through a toll road.
State Levies - Passenger fares will also include a state levy fee per trip if a trip occurs in a state where Commercial Passenger Vehicle levies are mandatory.
Tax Requests - You must provide Aqsa with any information reasonably requested in order to comply with any obligations imposed on Aqas under any applicable Law relating to Tax.
Aqas is permitted to cancel the Carrier Delivery Fee (or if the Delivery Fee has already been paid, require reimbursement of the Delivery Fee from the Carrier) for a particular Delivery Service if:
Aqas's decision to cancel or require reimbursement of the Delivery Fee under section ("Carrier Charges and Payment") must be exercised in a reasonable manner.
You must at all times meet Aqas's requirements before you provide Delivery Services on the Aqas App. These include requirements that you:
You must:
Ensure that if you appoint a delegate:
The Transportation Method used by you must at all times during the term of this Agreement:
Aqas may check your compliance with this section at any time ("Carrier Licenses, Permits and Transportation Method"), and you must provide Aqas with documentation Aqas considers suitable to confirm this. If you breach this section at any time, Aqas may, without liability, stop sending you Requests. Aqas may, without liability, deactivate or restrict your access to the Aqas App.
You must not engage in any practice which would violate any national or international law regarding slavery or human trafficking. You must notify Aqas as soon as you become aware of any actual or suspected slavery or human trafficking in a supply chain that has a connection with this Agreement.
In relation to the Delivery Services, the Carrier is responsible for completing all Tax registration obligations, for calculating and remitting all Liabilities for Taxes related to your provision of Delivery Services as required by Law, and for providing Aqas with all relevant business and Tax information.
Aqas may, as required by Law (including, for example, if you fail to provide Aqas with a valid and accurate Business Number before Aqas makes a payment to you), withhold, deduct or collect and remit any Taxes resulting from your provision of Delivery Services or which Aqas is otherwise required to withhold, deduct or collect in relation to you or any payments due to you under this Agreement and provide any information Aqas collects directly to Tax or other governmental authorities, if required. If Aqas withholds, deducts or collects any such Taxes you will not be entitled to receive any additional amount from Aqas on account of such Taxes.
You must provide Aqas with any information reasonably requested by Aqas in order to comply with any obligations imposed on Aqas under any applicable Law relating to Tax.
Aqas will pay a Delivery Fee in sole consideration of any Delivery Services you complete under this Agreement, which is inclusive of Taxes. Aqas supplies to you a licence to use the Aqas App for no fee.
Except to the extent otherwise specified in this Agreement, any amounts payable by you under this Agreement are exclusive of Tax. If Tax is payable on any supply by Aqas made under this Agreement, for which the consideration is not expressly stated to include Tax, you agree to pay Aqas an additional amount equal to the Tax at the same time that the consideration for the supply, or the first part of the consideration for the supply (as the case may be), is to be provided. In this Agreement, Tax that is payable by Aqas includes Tax that is payable by the representative member of Aqas's Taxation group.
You shall maintain in confidence all information and data relating to Aqas, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Aqas (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Aqas, or any of its affiliated companies, or created in the course of this Agreement ("Confidential Information"). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without Aqas's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Aqas in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Aqas with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Aqas or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Aqas; becomes known to you, without restriction, from a source other than Aqas without breach of this Agreement by you and otherwise not in violation of Aqas's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Aqas to enable Aqas to seek a protective order or otherwise prevent or restrict such disclosure.
You retain your intellectual property ownership rights over content you submit to us for publication within Aqas and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use Aqas or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Aqas the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Aqas's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Aqas in its sole discretion, whether or not such material may be protected by law. Aqas may, but shall not be obligated to, review, monitor, or remove User Content, at Aqas's sole discretion and at any time and for any reason, without notice to you.
By creating an Account, you agree that the Services may send you text (SMS) or push notification messages as part of the normal business operation of your use of the Services. You may opt-out of receiving messages from Aqas at any time by following the directions and/or prompts within the SMS or disabling them in your app profile. You acknowledge that opting out of receiving messages may impact your use of the Services.
Aqas may, in Aqas's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Aqas establishes on a per promotional code basis ("Coupons"). You agree that Coupons: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Aqas; (iii) may be disabled by Aqas at any time for any reason without liability to Aqas; (iv) may only be used pursuant to the specific terms that Aqas establishes for such a Coupon; (v) are not valid for cash; and (vi) may expire prior to your use. Aqas reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Coupons by you or any other user in the event that Aqas reasonably determines or believes that the use or redemption of the Coupon was in error, fraudulent, illegal, or in violation of the applicable Coupon terms or these Terms.
You give us permission to download and install updates to Aqas on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Aqas from your device.
By agreeing to the Terms of Service and/or using the Service, you agree that you shall defend, indemnify and hold Aqas, its officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your use of the Service, Software and/or the Application, your dealing with the third party transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.
AQAS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. AQAS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
Without limiting the application of the consumer and any other applicable laws, all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. Aqas makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party services, including but not limited to the third party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to Aqas.
The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. Aqas is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Aqas and the materials in Aqas and on our website are provided on an 'as is' basis. To the extent permitted by law, Aqas makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Aqas or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Aqas, our website, or any other services provided by Aqas or the materials in Aqas, even if Aqas or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Any claims against Aqas by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. IN NO EVENT SHALL AQAS AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). AQAS AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF AQAS AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Aqas does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release Aqas from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, advertisers and/or sponsors. Aqas will not be a party to disputes, negotiations of disputes between you and such third party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release Aqas from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
The quality of the carrier transportation services scheduled through the use of the service is entirely the responsibility of the carrier transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that Aqas does not control. You acknowledge that different terms of service and privacy policies may apply to your use of such third party services and content. Aqas does not endorse such third party services and content and in no event shall Aqas be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Aqas does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Ratings and Reviews. You may rate and/or provide feedback to drivers and passengers regarding the services you have received and or/provided. Ratings and reviews can be viewed by any user and will remain viewable until the relevant account is removed or terminated. You must only provide true, fair and accurate information in your reviews. If Aqas considers that your review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the review and/or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any reviews.
Nothing in the Agreement will limit a party's liability for Loss arising out of:
You will indemnify us against any Loss incurred by us arising from:
To the maximum extent permitted by Law, you will be liable for and will indemnify us against all loss, Claims, damages, fines, expenses, demands or liabilities arising directly or indirectly from:
If by reason of a Force Majeure Event, a party is unable to carry out, or is delayed in performance any of its obligations under this Agreement those obligations will be suspended to the extent that the party impacted is prevented or delayed by such Force Majeure Event from performing those obligations and neither party will be liable to the other party for any additional costs or expenses incurred in connection with that Force Majeure Event.
A party affected by a Force Majeure Event must give the other party prompt notice of the Force Majeure Event which must contain full details of the Force Majeure Event and the extent to which it will be unable to perform its obligations under this Agreement and use all commercial endeavours to, as soon as possible, remove such Force Majeure Event and the effect of such Force Majeure Event on the performance of its obligations (including by finding ways to continue the performance of those obligations) under this Agreement
Nothing in this clause will require the affected party to settle strikes or other labour disputes on terms contrary to its reasonable wishes.
If the Force Majeure Event causes the delay or non-performance of the obligations to continue for more than thirty days, either party may immediately terminate the Agreement by giving written notice to the other party.
The intellectual property in the materials in Aqas and on our website are owned by or licensed to Aqas. You may download Aqas, to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Aqas at any time.
THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY AQAS, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. AQAS AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY AQAS AND/OR ITS LICENSORS. AQAS NAME, AQAS LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF AQAS OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
Aqas may give notice by means of a general notice on the Application, electronic mail to your email address in the records of Aqas, or by written communication sent by registered mail or pre-paid post to your address in the record of Aqas. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Aqas (such notice shall be deemed given when received by Aqas) by letter sent by courier or registered mail to Aqas using the contact details as provided in the Application.
The agreement as constituted by the Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Aqas but may be assigned without your consent by Aqas. Any purported assignment by you in violation of this section shall be void.
By voluntarily accepting this Agreement, you agree that in its entirety as provided by the applicable law, a lawsuit or arbitration proceedings related to this Agreement are carried out exclusively on a case- by-case basis, and no disputes arising from collective claims or representative actions on behalf of third parties shall be considered.
Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force over the issues or claims regarding any disputes with persons who are not the declared parties to such arbitration proceedings.
This means the following:
You are free to terminate your Aqas account at any time by contacting support@aqas.com or deleting your account in the app. Please refer to our Privacy Policy as well as the Terms herein, to understand how we treat information you provide to us after you have stopped using our Services.
Aqas is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms, Rules of the Application. Aqas has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service, Rules of the Application.
Aqas may temporarily restrict your access to the Aqas App if it or an Affiliate is investigating an alleged breach of terms. There may be circumstances in which Aqas is unable to provide you with information about the alleged breach whilst an investigation is ongoing (either by Aqas and/or a third party such as the police).
The materials appearing in Aqas or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Aqas does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Aqas or on our website, or otherwise relating to such materials or on any resources linked to Aqas and our website.
Aqas has not reviewed all of the sites linked to Aqas or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Aqas of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
To the extent that you are using or accessing Aqas on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Aqas only, not with Apple Inc. (Apple), and Apple is not responsible for Aqas and any materials available in Aqas.
Apple has no obligation to furnish you with any maintenance and support services with respect to Aqas.
If Aqas fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Aqas and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Aqas or your use of Aqas, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.
You agree to comply with any applicable third-party terms when using Aqas, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
We may suspend or terminate your Aqas account and right to use Aqas and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Agreement, your rights and the rights of Aqas within this Agreement shall be governed by and construed in accordance with the law of Australia.
All parties irrevocably agree that the Australian Centre for International Commercial Arbitration (ACICA Court) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
In this Agreement, unless the context otherwise requires: (a) headings and information boxes are for convenience only and do not affect interpretation; (b) reference to any document includes reference to that document as amended, novated, supplemented, or replaced from time to time; and (c) if an example is given of anything, such as by saying it includes something else, the example does not limit the scope of that thing.