Terms & Conditions of Usage

Acknowledgement and Acceptance

The use of the Website, App and Services is governed by the terms and conditions set out below, as updated by Reynolds Fogarty 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 Reynolds Fogarty. 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 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 Reynolds Fogarty and Reynolds Fogarty may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above.

Amendments to these terms and conditions will be published on the Reynolds Fogarty website and your continued use of the Website, App or the Services is taken as acceptance of the amendments.

You will require your own internet connection to use the application and will be responsible for any associated costs of data use. 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 Reynolds Fogarty and 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 “Move Moree” customer applications available for download from the Google Play and Apple iTunes stores.
  • “Associated Parties” include Reynolds Fogarty related entities, its contractors and subcontractors.
  • “Booking” means a confirmed agreement for Move Moree to pick up the user at a nominated time and location and transport them to an agreed location.
  • “Conditions of Carriage” means the conditions of carriage applicable to users when using the Services, available on the Reynolds Fogarty website.
  • “Services” means the provision of on- demand transport services by or on behalf of Reynolds Fogarty.
  • “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.
  • “Move Moree” refers to Reynolds Fogarty the operator of the Services
  • “User” means any individual that downloads the Website, App and/or uses the Services.
  • “Vehicle” means a vehicle used by Reynolds Fogarty to provide the Services.
  • “Website” means the web pages accessible via http://www.moreebus.com.au
  • “You” means the individual that is entering in the contractual relationship for these terms and conditions.

Description of the Services

Account Requirements

To access the Services, you will need to create an account in the App or on the Reynolds Fogarty website (http://www.moreebus.com.au). To create an App account, you must not be under 16 years of age. The creation of an account will require the provision of Personal Information and payment methods. Keolis Downer will treat all Personal Information provided by you in accordance with our Privacy Policy found on our website. Bookings can also be made over the phone by calling

  • 1300 679 287 during business hours.

By becoming a user, you warrant the right, authority, and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to your account.

Reynolds Fogarty does not warrant that the Website, App and/or the Services will be accurate, reliable, secure, accessible or free from errors or defects. It is your responsibility to investigate whether use of the services will meet your requirements.

Bookings

When a booking is made.

A Booking is made on confirmation from “Move Moree (either through the App, by email, SMS or over the phone) and notification of the estimated pick up time is provided. Until you have received this notification, no Booking will be accepted by Reynolds Fogarty. For Bookings made over the phone, it your responsibility to ensure you receive an email or SMS confirmation of the Booking, or confirmation of the Booking through the App.

Reynolds Fogarty reserves the right to refuse carriage if you do not have evidence of your Booking in the form of either (i) a printed paper confirmation or (ii) an App confirmation on your mobile phone which can be displayed to the driver on pickup.

Multiple Bookings

You must nominate at the time of Booking if there are additional passengers for the trip. You acknowledge that a failure to notify Reynolds Fogarty at the time of arranging the Booking may entitle Reynolds Fogarty 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. If offered in the Pilot Region, a wheelchair accessible service needs to be notified at the time of Booking. Assistance animals are welcome on board the Service but must be notified at the time of booking to ensure space.

Seat Allocation

The Services 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.

Changes to Bookings

You may cancel a Booked Service without incurring any costs under the following conditions:

  • Within the first minute after booking;
  • When the Vehicle is forecast to arrive more than 5 minutes later or earlier than the proposed pickup time;

No fees will apply when a user is absent and the Vehicle is forecast to arrive more than 5 minutes later or earlier than proposed pickup time.

For cancellations outside these windows, Reynolds Fogarty reserves the right to charge a cancellation fee up to or including 100% of the maximum fixed fare of the Service. If a User repeatedly cancels trips without notifying Keolis Downer 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.

Fares and Charges

Fares for the Services are displayed on the Reynolds Fogarty website and consist of a set fee per trip.

In NSW, fares are determined by TfNSW. Fares may be changed from time to time and at any time. Current pricing will be available on the Reynolds Fogarty website and in the App prior to a Service commencing. Unless otherwise stated, fares are inclusive of all taxes.

Payments will be processed in accordance with the method of payment at the time of your Booking. A failure to pay for the Services when they become due and payable will entitle Reynolds Fogarty to cancel the Booking and/or refuse carriage. Receipts will be issued to your email on payment of the Fare.

Where available, if you or an additional passenger books a concession fair, 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 Reynolds Fogarty reserve the right to either (a) charge a full fare or (b) refuse carriage at Reynolds Fogarty discretion.
Accepted concession entitlements for NSW can be found on the TfNSW website: https://transportnsw.info/tickets-opal/ticket-eligibility-concessions.

Reynolds Fogarty reserve the right to charge additional cleaning and repair fees to cover the cost of any significant damage, soiling or graffiti caused directly by you or an additional passenger (excluding fair wear and tear).

Conditions of Carriage

When using the Services, you agree to abide by all relevant regulations and policies, including but not limited to those set out in the Passenger Transport Regulations 2014 (NSW), and as applicable, TfNSW’s travel courtesy and etiquette guidelines
A failure to abide by any of the above may result in Reynolds Fogarty prohibiting a User from using the Services and/or suspending their account.

Privacy & Personal Information

Use of the application or the Keoride website may require individuals to disclose personal information when creating their user profile. The application will also collect information about the Users use of the Services, including trips booked and payments made. Any Personal Information received by Reynolds Fogarty will be treated in accordance with our privacy policy, located on our website. 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, and Reynolds Fogarty insurers and external legal advisors, in the event of a claim or accident.

Personal information (information or an opinion about passengers), collected from passengers, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by Keolis Downer may be disclosed to Transport for New South Wales (TfNSW) and the 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. Such 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 Keolis Downer.

By using these services provided by Reynolds Fogarty, passengers consent to the collection, use and disclosure of their Personal Information in the manner outlined above.

Ownership of Intellectual Property

All IP associated with the Services is owned by Reynolds Fogarty, its Associated Parties, TfNSW unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive licence to use the App for the purposes outlined above and no other purpose. Reynolds Fogarty 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 the User will become the property of Reynolds Fogarty. This includes feedback comments, ratings of Reynolds Fogarty 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 application, the User consents to the use of these in promotional material or other publications by Reynolds Fogarty.

Limitation of Liability

Reynolds Fogarty will, at all times, use best endeavours to deliver the Services in line with these terms and conditions.

To the extent permitted by law, Reynolds Fogarty 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 Reynolds Fogarty or a third party) caused by or contributed to by the user’s use of the Website, App and/or the Services.

Without limiting this section, Reynolds Fogarty will not be liable for any costs incurred by a user 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 Reynolds Fogarty is responsible for any direct loss, Reynolds Fogarty obligations are limited to either (i) re-performance of the services; or (ii) refund of the fare. In no event will Reynolds Fogarty liability to a user exceed AUD$1,000 in relation to any incident or claim.

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 Reynolds Fogarty, TfNSW, Via Transportation INC and associated parties, as well as their directors, officers, employees and agents from any and all claims, liabilities, losses and expenses arising directly or indirectly from or in connection with:

  • Your use of the Website, App and/or the Services;
  • Your breach or violation of any of these terms;
  • Reynolds Fogarty 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

Users will be able to rate Reynolds Fogarty drivers and the Service for each trip through the App, the website and by phone.

Recurrent antisocial, disrespectful or otherwise inappropriate behaviour may result in Reynolds Fogarty prohibiting a User from using the Services and/or suspending their account.

Dispute Resolution

Reynolds Fogarty 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. Alternatively, using the Transport for NSW Infoline (for NSW users).

Reynolds Fogarty can be contacted directly through the following avenues:

  • Phone: 1300 679 286
  • Email: ondemand@MOREEBUS.COM.AU
  • Address: 5-7 Greenbah Road Moree NSW 2400

Reynolds Fogarty will send notices to Users both by email and through the App. It is Users responsibility to ensure the email linked to their Account is both valid and regularly monitored.

Users can unsubscribe from notices at any time through the Reynolds Fogarty website. A User acknowledges that unsubscribing from notices may affect a User’s ability to use the Website, App and/or the Services and under no circumstances with Reynolds Fogarty be liable for a failure of the App or the Services due to the same.

General Provisions

Relationship between Parties

In relation to the performance of Services Reynolds Fogarty will provide the Services as an independent contractor and nothing in these Terms and Conditions will be construed so as to constitute Reynolds Fogarty as an employee of the User 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 where the Services are performed, and the User submits to the non-exclusive jurisdiction of the courts of that State.

Assignment

The User may not assign its rights under these terms and conditions without prior written consent of Reynolds Fogarty.

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.