The use of the Wilba-On-Demand App and the Services is governed by the terms and conditions set out below, as updated by Wilba Transport Services Pty Ltd (Wilba) from time to time. By downloading the Wilba-On-Demand App and/or using the Services, a User is taken to have accepted the terms and conditions in their entirety and a contractual relationship is formed between the User and Wilba. A User is responsible for their 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 OR THE SERVICES.
If a User does not agree to these terms and conditions they must not use the Services or the Wilba-On-Demand App. These terms and conditions supersede any prior arrangement between the User and Wilba. Wilba 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 Wilba’s website and continued use of the Wilba-On-Demand App or the Services by the User is taken as acceptance of the amendments.
Users will require their own internet connection to use the application and will be responsible for any associated costs of data use. Users are responsible for enabling notifications from the Wilba-On-Demand App to ensure Users receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from Wilba and the Wilba-On-Demand App from time to time. Users may choose not to enable notifications however by doing so, the User acknowledges that their use of the Wilba-On-Demand App may impact their use of the Services. In addition, supplemental terms may apply to certain services, such as the use of WiFi on the Vehicles – these will be made available by Wilba on their website or at the time of use.
In these terms and conditions, the following terms and definitions apply unless otherwise stated:
“App” means the Wilba customer application available for download from the Google Play and Apple iTunes stores.
“Associated Parties” include the Operator’s related entities, its contractors and subcontractors.
“Booking” means a confirmed agreement for the Operator 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 Operator website: www.wilba.com.au/conditionsofcarriage
“Service Region” means the geographical zone the service is available in Bourke NSW.
“Services” means the provision of shuttle services by or on behalf of Operator within a dedicated Region and available to be booked by the User.
“Operator” refers to Wilba the Empowerbus.
“User” means any individual that downloads the Wilba-On-Demand App and/or uses the Services.
“Vehicle” means a vehicle used by Operator to provide the Services.
Account requirements:
To access the Services, Users will need to create an account in the Wilba-On-Demand App or by calling 02 9071 0139.
The creation of an account will require the provision of Personal Information. Wilba will treat all Personal Information provided by the User in accordance with our Privacy Policy. www.wilba.com.au/privacypolicy
By becoming a User, individuals warrant that they have 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 their account.
Wilba does not warrant that the Wilba-On-Demand App or the Services will be accurate, reliable, secure, accessible or free from errors or defects. It is the responsibility of the User to investigate whether use of the services will meet their requirements.
When is a Booking made?
A Booking is made on confirmation from Wilba and notification of the estimated pick up time is provided. Until a User has received this notification, no Booking will be accepted by Wilba.
Wilba reserves the right to refuse carriage to Users who do not have evidence of their Booking in the form of an App confirmation on their mobile phone which can be displayed to the driver on pickup.
Users must nominate at the time of Booking if booking a trip for additional passengers to that User. A User acknowledges that a failure to notify Wilba at the time of arranging the Booking may entitle Wilba to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.
The Services currently do not provide for allocated seating and it is therefore the responsibility of the User to select a seat when they board the Vehicle. The safety of the User, including the use of seatbelts, is the responsibility of the User in all circumstances.
You can cancel your trip through the Wilba-On-Demand App or by calling (02) 9071 0139.
If a User repeatedly cancels trips without notifying Operator 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.
When using the Services, the User agrees to abide by all relevant regulations and policies, including but not limited to those set out on Wilba’s website. www.wilba.com.au/conditionsofcarriage
Wilba’s Conditions of Carriage can be found on Wilba’s website and set out Wilba’s policies including those in relation to passenger behaviour.
A failure to abide by any of the above may result in Wilba prohibiting a User from using the Services and/or suspending their account.
Use of the Wilba-On-Demand App or Wilba’s website may require individuals to disclose personal information when creating their User profile. The Wilba-On-Demand App will also collect information about the Users use of the Services, including trips booked and payments made. Any Personal Information received by Wilba will be treated in accordance with our privacy policy. www.wilba.com.au/privacypolicy
The information and data from these Services may be used to generate anonymized and aggregated statistical and analytical data and be used for the Associated Parties’ internal research and product development purposes and to conduct statistical analysis and identify trends and insights. In addition, the Associated Parties’ may supply the aggregated statistical and analytical data to third parties following Wilba’s written consent. Personal Information (information or an opinion about passengers), collected from Users, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by Wilba will be disclosed to Liftango and Transport for NSW.
Wilba may also use passenger contact details to conduct surveys relating to the provision of the Service provided by Wilba.
By using the Services provided by Wilba, Users consent to the collection, use and disclosure of their Personal Information in the manner outlined above. The consents and rights above will survive the expiry of these terms and conditions.
All Intellectual Property associated with the Services is owned by Wilba, its Associated Parties or Transport for NSW unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive license to use the Wilba-On-Demand App for the purposes outlined above and no other purpose. Wilba and Transport for NSW give no warranties, and will not in any circumstances be liable for, the infringement of third-party Intellectual Property rights in relation to the Use of the Wilba-On-Demand App.
Any material (other than Personal Information) uploaded by the User will become the property of Wilba. This includes feedback comments, ratings of Wilba 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 Wilba.
All Intellectual Property associated with the Services is owned by Wilba, its Associated Parties or Transport for NSW unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive license to use the Wilba-On-Demand App for the purposes outlined above and no other purpose. Wilba and Transport for NSW give no warranties, and will not in any circumstances be liable for, the infringement of third-party Intellectual Property rights in relation to the Use of the Wilba-On-Demand App.
Any material (other than Personal Information) uploaded by the User will become the property of Wilba. This includes feedback comments, ratings of Wilba 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 Wilba.
Wilba will, at all times, use best endeavours to deliver the Services in line with these terms and conditions, the Conditions of Carriage and the Customer Charter.
To the extent permitted by law, Wilba 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 Wilba or a Third Party) caused by or contributed to by the User’s use of the Wilba-On-Demand App or the Services.
Without limiting this section, Wilba 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.
Subject to the below, in no event will Wilba’s liability to a User exceed AUD $1,000 in relation to any incident or claim.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
You agree to indemnify Wilba, and Associated Parties, as well as their Directors, Officers, Employees and Agents from any and all claims, liabilities, losses and expenses arising from or in connection with:
There is also the ability for comments and feedback to be left through the Wilba-On-Demand – see the FAQs on the Wilba’s website for further information. A series of poor ratings may result in the Operator prohibiting a User from using the Services and/or suspending their account.
Wilba values feedback, questions and concerns from Users in relation to the Wilba-On-Demand App and the Services and will endeavor to respond to all genuine enquiries as soon as possible.
All feedback and enquiries should be lodged at first instance using the service call center support line:
Relationship between the Parties
In relation to the performance of Services, Wilba will provide the Services as an independent contractor and nothing in these terms and conditions will be construed so as to constitute Operator 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.
The use of the Wilba-On-Demand App and the Services will be governed and construed in accordance with the laws of NSW Australia and the User submits to the non-exclusive jurisdiction of the courts of that State.
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.
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.
If you have any questions regarding any legal aspect of this document, please send us an email to info@wilba.com.au or by calling (02) 9071 0139.
