TOWY Terms and Conditions
1. Welcome to TOWY
1.1 Overview
By using our mobile app (the “App”), website (towy.au), and any associated platforms (collectively, the “Services”), you agree to abide by these Terms and Conditions (the “Agreement”). This Agreement is made between you (“User”) and TOWY, a registered name of Elite 24/7 Towing Pty Ltd, ABN 70 670 793 129, ACN 670 793 129, trading as TOWY.
1.2 Age Requirement
Our Services are intended for users aged 18 and older. If you are under 18, you may only use our Services with parental or guardian involvement.
1.3 Agreement Acceptance
By accessing or using our Services, you confirm that you have read, understood, and accepted these Terms. You also confirm that you are at least 18 years old and have the authority to enter into this Agreement.
1.4 Additional Policies
These Terms incorporate any additional terms linked within our Services, including our Platform Terms. By using our Services, you agree to adhere to all such terms.
2. Key Definitions
- Agreement: This document, including all its schedules and any future amendments.
- Business Day: Any day that is not a Saturday, Sunday, or public holiday in Victoria, Australia.
- Customer: A User registered to seek transportation services via our Platform.
- Driver: A User registered to provide transportation services via our Platform.
- Services: Detailed in Section 3.
- Confidential Information: Terms of this Agreement and any proprietary information from TOWY.
3. Our Services
3.1 Service Provision
TOWY offers a platform allowing Users to:
- Arrange vehicle transport services between Customers and Drivers.
- Communicate regarding service requests.
- Process payments for transportation services.
3.2 User Responsibilities
You must ensure your use of our Services complies with all relevant laws and regulations and must not engage in unlawful or harmful activities.
3.3 Conduct Guidelines
You agree not to:
- Engage in harassment or predatory behavior.
- Share your account details.
- Disrupt or harm the experience for others.
- Misrepresent your identity or engage in fraudulent activity.
- Collect personal information from others without consent.
4. User Accounts
4.1 Account Creation
To access our Services, you must register for an account as either a Customer or a Driver. You agree to provide accurate information during registration.
4.2 Confidentiality
You are responsible for maintaining the confidentiality of your account credentials and activities under your account.
4.3 Verification
TOWY reserves the right to verify your identity and qualifications. You must provide requested documentation promptly.
5. Location and Photo Data
We may collect your location information and request access to your camera for identity verification. Your information may enhance your experience on our platform.
6. Commercial Communication
By using our Services, you consent to receive commercial electronic messages from TOWY related to your account. You can opt out of these communications at any time by contacting us.
7. Changes to the Agreement
TOWY reserves the right to modify these Terms. Any changes will be communicated through the app or via email.
8. User Content
8.1 Granting Rights
When you share any material (collectively, “User Content”) with TOWY, you grant TOWY a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and sublicensable right to use, modify, publish, display, and distribute such content.
8.2 Warranties About Your Content
By submitting User Content, you affirm that:
- You hold all intellectual property rights to that content.
- TOWY’s use of your User Content will not infringe on any third-party rights.
- Your User Content is accurate, complete, and free from harmful materials.
8.3 TOWY’s Rights
TOWY may review or edit User Content at any time but is not obligated to do so. You must comply with any requests to remove or modify User Content within one (1) day.
9. Network Access and Devices
You are responsible for obtaining necessary network access to use our Services and for any costs incurred.
10. Payment
10.1 Using our Services may result in charges for the services you receive.
10.2 Charges include applicable taxes and are final and non-refundable unless required by law.
10.3 All charges are due immediately. Payments will be processed using your designated payment method.
11. Cancellations & Refunds
11.1 You may cancel your service request before the Driver arrives, potentially incurring a cancellation fee.
11.2 A cancellation fee of $19.95 may apply for cancellations after a quote is provided.
11.3 A minimum call-out fee of $139 applies if you cancel once the Driver is on scene.
11.4 If the Driver is more than one hour late, you may request a $30 discount or cancel without a charge.
11.5 These provisions do not limit your rights under Australian Consumer Law.
12. Ratings and Reviews
Users may leave public reviews and ratings without prior approval. Users cannot remove reviews but may report them for potential removal.
13. User Disputes
Users are responsible for addressing inquiries, complaints, and disputes with other users. TOWY is not liable for such disputes.
14. User Obligations and Warranties
Users warrant that they:
- Have the authority to enter into this Agreement.
- Will follow TOWY’s directions.
- Hold necessary licenses and permissions to provide services.
15. Intellectual Property
15.1 TOWY holds ownership of all materials featured in our Services.
15.2 TOWY IP is protected by copyright and trademark laws.
15.3 You are granted a limited license to use TOWY IP per these Terms.
16. Termination
TOWY reserves the right to terminate these Terms or access to the Services at any time without notice.
17. Privacy
You consent to receiving emails from TOWY about our Services unless you opt out.
18. Unauthorized Access and Malicious Materials
You must not attempt unauthorized access to our Services. TOWY is not liable for any losses from harmful programs.
19. Limitation of Liability
To the maximum extent permitted by law, TOWY is not liable for any loss or damage arising from:
- Reliance on information obtained through our Services.
- Unavailability of Services.
20. Disclaimer of Warranty
TOWY provides the Services “as is” and does not guarantee their accuracy or reliability.
21. Release and Indemnity
You agree to indemnify TOWY against any claims arising from your use of the Services or breach of these Terms.
22. Amendments and Corrections
TOWY may amend these Terms at any time. Changes are effective upon publication.
23. General Provisions
23.1 Waiver: Delays by TOWY do not waive any rights.
23.2 Force Majeure: TOWY is not liable for delays due to circumstances beyond its control.
23.3 Severability: If any provision is invalid, the remaining provisions remain effective.
23.4 Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of Victorian courts.
