Terms and Conditions & Privacy Policy

 

Last updated: September 30, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: New Zealand

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Be Tesla Ltd, 22 Reid Road, South Dunedin, Dunedin, New Zealand.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Took, accessible from www.took.betesla.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Privacy Policy for Be Tesla

 

1. Respecting your privacy

Be Tesla and its related bodies corporate is committed to compliance with privacy laws which apply to its
businesses and which set out standards for the management of personal
information.

This policy outlines our personal information management practices for
all aspects of our business including from our
relationships with customers, drivers, operators, users of our services
and others who may contact us or about whom we may be provided with
personal information.

Specifically, this policy outlines:

• the kinds of personal information we collect and hold;

• how we collect and hold it;

• the purposes for which we collect, hold, use and disclose it;

• your right to access and seek correction of it;

• how you may complain about privacy matters;

There are some matters to which this policy does not apply. These are
referred to below (see clause 11 below).

2. What kinds of personal information do we collect and hold?

The personal information we collect and hold is what is reasonably
necessary for our business functions and activities. When we collect and
hold personal information, it is of the following kinds:

• your personal details such as your name (including account
username), addresses (including email addresses and website addresses),
telephone numbers, account login details and passwords, age and gender,
and certain personal details of your emergency contacts;

• the reference number you provide or which we allocate to you
when engaged in services which we provide or services procured or booked
using our services;

• the emergency contact information that you provide us;

• Contact information of your friends that you refer for our
services (refer-a-friend);

• When you use your account to book a cab ride
for someone else from your contact list using the Services, we will
collect and store such contact information and share the ride details
with that selected contact;

• what, how, when and where you have engaged in services which we
provide or services procured or booked using our services;

• details about your stated or likely preferences and your
experiences with services which we provide or services procured or
booked using our services;

• details about your membership in any loyalty programs;

• whether you have a connection with others whose personal
information we may collect or hold, for example family members;

• if you use social media or a mobile device to interact with us,
any information that you allow the social media site or device to share
with us; and

• depending on the nature of your dealings with us or the services
which we provide to you or which you may obtain or make available to
others using our services, other types of personal information. Examples
are:

where you are involved in providing transport-related services,
identification, taxation, government or

regulatory identifier (such as drivers licence details), and vehicle
and insurance details;

personal information relating to any complaints you make or are made
about you, including recording

of any calls in that regard; o
personal information collected and held via financial or payment
systems about the payment

mechanism or method that you might use (including credit card details)
and the payments you may make for our services or any services procured
or booked using our services; and

personal information which is accessible from your use of online sites
or applications in which we have

an interest or provide (such as messages for the purposes of issuing
and receiving one time passwords and other device verification) and
device-related or device-generated personal information. The latter
might include your device details, device IDs, your location, network
connections, network access and communication and session data.

Some of our services require us to collect sensitive information, for
example health-related information or information which may be contained
in images you make available to us, which may be appropriate if you are
involved in the provision or procurement of transport services using our
services, or to assist us in relation to any liability issues involving
you. This

information is only used to provide you with those services or to
manage such issues and other directly related activities and purposes.
You consent to our collection of this sensitive information and our use
and disclosure of such sensitive information for the purposes
contemplated by this privacy policy.

You generally have the option of not identifying yourself or of using a
pseudonym when dealing with us. But not where this is impractical (for
example when you transact online with us or you apply to provide
transport-related services) or where the law or a court order provides
otherwise.

3. How do we collect and hold personal information?

When we collect personal information about you, we do so by making a
record of it. We do this when:

• you register with us, for example when you create an account for
any of our products and services;

• you communicate with us online;

• you take part in our promotions, competitions, testimonials,
surveys and focus groups; and

• you deal with us in other ways involving a need for personal
information to be provided such as when you contact one of our call
centres, fill in a form, log into our website or application or make a
complaint. We may record all calls and so collect any personal
information provided during such calls.

We may also collect personal information about you by accessing data
from other sources and then analysing that data together with the
information we already hold about you in order to learn more about your
likely preferences and interests.

When you visit our electronic sites, such as websites or applications,
we may also collect information about you using technology which is not
apparent to you, for example using “cookies” and other
similar technologies. There is a lot of information available about how
cookies work and how to change your browser’s cookie preferences.
For example, see

https://www.staysmartonline.gov.au/alert-service/all-aboutcookies-and-your-privacy-sso-alert-priority-low
.

Most of the personal information we collect and hold about you is from
your direct dealings with us, for example information you tell us or
information we learn directly from your dealing with us or our partners,
e.g. through “cookies”.

We may sometimes collect your personal information other than from you
directly. For example,

• from other suppliers who, in common with us, have a relationship
with you or have information about you;

• from those to whom we have given access to our online sites
(such as through application programming interfaces);

• from those we regard as our business partners, our other
customers or our driver partners;

• from publicly available information and from third party ratings
and feedback.

Our contractors and service providers who perform services for us, such
as payment processing, fraud management, marketing, data analytics and
identity verification and background checks may also provide us
information about you.

Personal information we hold is generally stored in servers and other
computer systems. These may be operated by us or by our service
providers. In all cases, we have rigorous information security
requirements aimed at minimising risks of unauthorised access to, and
loss, misuse or wrongful alteration of, personal information.

4. Why do we collect, hold, use and disclose personal information?

When we collect, hold, use and disclose your personal information, we
do so primarily in connection with the provision, sale and promotion of
goods and services which we provide or are provided or procured using
our services and to improve on and enhance the range of those services
and offerings.

For example, we collect, hold, use and disclose your personal
information:

• in connection with transport-related services by:

o
providing customer’s and driver’s personal information
(including current location, photograph, ratings

and vehicle information) to each other in connection with the
arrangement of specific transport-related services and to facilitate
communications between drivers and customers;

o
using your location data to record and verify trip and payment
information if you provide or procure transport-related services using
our services or are logged onto our website or application; and

o
facilitating the search of any missing property which may have been
left behind by a customer in a

driver partner’s vehicle or assisting with any police or
regulatory enquiries;

• to process and facilitate your payment for goods and services,
including as required by law;

• for direct marketing (see clause 5 below);

• for verification of your identity;

• to develop insights about you or to personalise your offerings
or experience in using our services or services of our third party
business partners, including drivers or to assist our service providers
and third parties to conduct data analytics;

• for research and development or to improve goods and services,
for example in connection with safety and security and preventing fraud;

• where you are involved in providing transport-related services,
for criminal history and background checks (including verification of
health information) and other manual processing checks regarding the
verification of drivers and vehicles;

• to assist in dispute resolution, investigating complaints and in
enquiries and support;

• for incidental or other purposes related to the provision of
goods and services to you or the purposes referred to above. For
example, we may disclose your personal information within the Be Tesla Group
for 
Be Tesla Group’s internal operational purposes (including to help
us provide our goods and services, and monitor and improve our goods and
services), to service providers who assist us in our day-to-day business
operations and as part of buying or selling businesses; and

• as required or permitted by law, court order and any government,
law enforcement or other regulatory body.

We may collect, hold, use and disclose your personal information for
other purposes which are within reasonable expectations (these may
relate, for example to acting on your requests; our involvement in
relationships between customers, drivers and third party suppliers of
goods or services to you) or legal reasons (for example where permitted
by law).

In addition, we may anonymise, de-identify or aggregate your personal
information in circumstances where it is appropriate to do so. We may
share this anonymised, de-identified or aggregated data with third
parties to assist them in conducting analytics and marketing of products
and services to you that are likely to be relevant to your interests and
preferences. It is not practicable to outline the details of all third
parties to whom your personal information is disclosed, however, in
addition to those contemplated above, we may disclose your personal
information to:

• members of the Be Tesla Group, which may include, for example,
disclosure to and use of information by ANI Technologies Private Ltd
(registered and located in India) for the purposes of information and
identification verification;

• our service providers and their contractors and parties who we
regard as business partners of us or the 
Be Tesla Group, including payment
processors, fraud and security providers, those providing technology
services and support, loyalty schemes and services, contact centre
services, analytics or business services, marketing, promotions and
advertising services, financial services, insurance services or
professional or legal services;

• your family members or emergency contacts in the event of an
incident or emergency;

• comply with our and the Be Tesla Group’s legal, compliance,
regulatory and operational purposes; and

• third parties to whom you offer to provide goods or services or
from whom you procure goods or services (including any preliminary
requests or communications regarding such goods and services) using our
services. For example, this would include sharing information between
drivers and customers of transport-related services arranged or
facilitated using our services.

5. Direct marketing

We may also collect, use and disclose your personal information to
supply, advertise and promote goods and services which may be of
interest to you, including through email, SMS, post, phone and also
targeted and online marketing and advertising. This includes the
products and services of our suppliers and other third parties who offer
products and services that may be of interest to you.

We may disclose your personal information to these third parties and
their and our marketing, promotions and advertising service providers
for this purpose and you consent to receiving these types of direct
marketing and commercial electronic messages. You may opt out of our
direct marketing to you (and our direct marketing materials will tell
you how to do this).

6. How can you enquire about, access and correct your personal
information?

We will provide you with access to any of your personal information we
hold (except in limited circumstances permitted by law). If you wish to
access your personal information or have an enquiry about your privacy,
please contact us at

[email protected]
. You can address your queries to Privacy Policy Manager. Before we provide
you with access to your personal information we may require some proof
of identity. We may charge a reasonable fee for giving access to your

personal information if your request requires substantial effort on our
part. If you need to correct your personal information, please contact
us using one of the above means of contact.

7. How can you complain about our management of personal information?

If you wish to complain about a breach of the privacy rules that bind
us, you may contact us using one of the means of contact specified in
clause 6 above. We may ask you to put your complaint in writing and to
provide details about it. We may discuss your complaint with our
personnel and our service providers and others as appropriate. We will
investigate the matter and attempt to resolve it in a timely way. We
will inform you in writing about the outcome of the investigation. If we
do not resolve your complaint to your satisfaction and no other
complaint resolution procedures are agreed or required by law, we will
inform you that your complaint may be referred to the Office of the
Australian Information Commissioner for further investigation and will
provide you with the Office of the Australian Information
Commissioner’s contact details.

8. Security

The security of your personal information is important to us. We take
reasonable steps to prevent the personal information we hold about you
from misuse, interference or loss, and from unauthorised access,
modification or disclosure. This includes the use of technologies and
processes such as access control procedures, network firewalls,
encryption and physical security to protect the privacy of your personal
information. However, to the maximum extent permitted by law, we exclude
and limit our liability to you in respect of any breach of security or
misuse, interference or loss, and from unauthorised access, modification
or disclosure of your personal information.

9. Our disclosure of your personal information overseas

It is our policy to require all of our overseas use or disclosure of
personal information to be done in a way which requires observance of
privacy and security standards, both during transit and at rest at any
overseas storage location. We may allow your personal information to be
used or disclosed to our personnel, 
Be Tesla Group companies and third party
service providers who are in countries outside of Australia.

We do this:

• where we have made a business decision to store or process data
with a trusted service provider (and their contractors) or business
partner. Examples are those who store and process our email and mobile
application data, provide payment processing services or contact centre
services, or conduct verification activities. These services commonly
involve diverse geographic locations which change from time to time for
reasons which include data protection and processing efficiency. Where
these services are used by us, it is not practical for us to notify you
of which country your personal information may be located in (however
note that it includes, without limitation, Singapore, the Philippines,
Indonesia, the United States of America and India);

• for disclosures between Be Tesla Group companies who provide various
support services to us (including, without limitation, legal, tax,
finance, HR and IT support including document verification support). Our
main business location is in Bangalore, India, but some of the 
Be Tesla Group
companies may be based in other countries from time to time;

• when our business which collected your personal information is
in a different country to your location, for example where you are
registered for our service Australia, but use our service in a different
country; and

• where you are involved with liability or other issues concerning
goods or services which we provide or are provided or procured using our
services. In such cases we may disclose your personal information to any
overseas supplier of such goods or services in the course of managing
those issues.

Where we disclose any of your personal information outside of Australia
to any third party (including an 
Be Tesla Group company), we take reasonable
steps to ensure that such third party protects your personal information
and complies with our privacy obligations under the APPs.

10. Updates

This privacy policy is current at the date below. We may change it
periodically at our sole discretion. If we propose to change this
policy, we will inform you of the change by such means as it appears to
us appropriate in the circumstances. Your continued use of our services
will be deemed acceptance of the changes made.

11. Other privacy terms and limits of this policy

This is a policy. There may be additional privacy notices and terms
relevant to you depending on the nature of your dealings with us and on
our particular businesses. In particular, there are additional privacy
terms in our terms

concerning our online sites and applications and account registration
processes. We have separate charters concerning our employees –
this policy does not apply to the personal information of our employees
in their capacity as such. This policy also does not apply to
information which may be collected from an individual by a driver of a
vehicle which is not provided by us. This policy does not include that
of any third parties whose promotions we may facilitate or whose online
locations may be accessible via links from our online locations.

12. More information

More information about privacy law and privacy principles is available
from the Privacy Commissioner. The Privacy Commissioner may be contacted
at 
www.oaic.gov.au (or by email at [email protected]).

EFFECTIVE FROM 1 OCTOBER 2021     

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