Fabulous Technologies Pty Ltd (FAB, we, us or our) operates and maintains this website. These terms and conditions apply to your access and use of this website. By accessing and using this website you agree to these terms. If you do not agree to these terms you must not use this website.
We may change these terms at any time by publishing the changed terms on this website but such changes will not operate retrospectively.
The contents of this website are for general information purposes only and may change from time to time. Images are for illustrative purposes only.
We will use reasonable efforts to ensure that the contents of this website are accurate, complete and up to date but we do not promise that they are. We reserve the right to correct errors and make changes to this website at any time and from time to time.
Unless otherwise indicated, copyright in this website and its contents belongs to us.
You may: (a) publish a hyperlink to this website; (b) make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and (c) print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
Unless permitted by law or provided otherwise in these terms, you must not, without our prior written consent: (a) otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; (b) cause any part of this website or its contents to be framed or included in another website; or (c) directly or indirectly commercialise this website or any of its contents.
3 Trade marks
‘FAB’, the FAB logo and any slogans used are trade marks owned by Fabulous Technologies Holding Pty Ltd. Other trade marks on this website are the property of our respective licensors. You must not use any trade mark on this website without the prior written consent of the relevant owner.
This website may link to websites at other addresses. Unless stated otherwise: (a) we do not control, approve, endorse or sponsor any such websites or their content; (b) we do not provide any warranty or take any responsibility for any aspect of those websites or their content; and (c) your use of or reliance on those websites or their content is at your own risk.
5 Access and use
You access and use this website at your own risk. The internet is not secure and material passing over the internet may be intercepted, altered or corrupted in storage or transit.
We do not promise that this website: (a) is free from errors; (b) will operate without interruption; or (c) is free from anything which may damage your computer or data. We may at any time in our sole discretion and without notice to you restrict, suspend or limit access to and use of this website.
The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These terms and conditions are subject to the ACL and do not exclude, restrict or modify them where it would be unlawful to do so.
Subject to the preceding paragraph and to the fullest extent permitted by law: (a) this website and its contents are provided on an ‘as is’ basis; (b) we exclude all implied conditions, warranties, guarantees and representations of any kind; and (c) we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents or your use of it.
You do not need to disclose your identity to access this website. We may log details about any computer used to access this site (such as the IP address, host and browser type), the date and time of access and details of webpages accessed and information downloaded. This information is used for our own statistical purposes and to improve this site.
8 Email addresses
Publication of our email addresses on this website must not be taken as our consent to receive commercial electronic messages.
9 Governing law
The law of Victoria, Australia, governs these terms and conditions.
We do not warrant that this website or its contents complies with the laws of any country other than Australia. If you access this website from outside Australia, you do so at your own risk.
2 Collection of information
2.1 Information you provide to us
We collect information from you when you sign up to use the FAB Platform, send us an enquiry or otherwise communicate with us. This information may include your name, email address, phone number, postal address, profile photo, payment preferences and vehicle preferences.
If you sign up to be a driver, we will also collect your date of birth, physical address, driver’s licence information, vehicle information and any other information required to perform background checks. We will also collect your banking information and tax information so that you can be paid.
2.2 Information we collect when you use the FAB Platform
We collect the following information when you use the FAB Platform.
(a) Location information. When you use our mobile application, we collect information about your location, including pick up locations, destinations and routes and distance travelled. We may also collect the precise location of your mobile device when the app is running in the foreground or background.
(b) Device information. We collect information about the devices you use to access the FAB Platform, including IP address, browser type, operating system, hardware model, network and carrier information, motion sensor data and device identifiers.
(c) Contacts information. If you allow our mobile application to access the address book on your device, you authorise us to access the names and contact information of your address book contacts.
(d) Communications information. Users and drivers may use the FAB Platform to communicate with one another. We collect communications data, including the date, time and content of calls and messages and the parties’ phone numbers.
(e) Usage information. We collect information on how you access, use, interact and transact with the FAB Platform, including the dates and times that you use the FAB Platform, what screens, pages and content you view, your settings and preferences and what actions you take.
2.3 Information we collect from third parties
We may collect the following information from third parties and may combine it with information you provide to us or that we collect through the FAB Platform.
(a) Third party services. If your account is linked to or accessed through a third party service such as a social media service (e.g. Facebook) or a payment provider (e.g. Alipay) or any service that uses our API (or whose API we use), we may collect information about you from that service.
(b) Background checks. If you sign up to be a driver, we may run background checks and receive information about your driving history and criminal record checks.
3 Use of information
We use the information we collect about you and your use of the FAB Platform to:
(a) provide, maintain and improve the FAB Platform and to personalise and enhance your user experience;
(b) facilitate communications, transactions and payments between users and drivers;
(c) communicate with you, including for support and marketing and promotional purposes;
(d) assess your eligibility and suitability to be a driver on the FAB Platform; and
(e) perform internal business operations, including to detect and prevent fraud, to troubleshoot and fix bugs, to conduct product analysis, testing, research and development and to monitor usage and service performance.
4 Disclosure of information
We may share and disclose your information:
(a) To enable your use of the FAB Platform. For example, where a user and driver have been matched, we will share the driver’s name, location, rating, vehicle details, profile photo and information and the user’s name, location, destination, rating, profile photo and information. We may also disclose your information to our third party service providers if necessary for us to provide the FAB Platform.
(b) For the purpose for which you disclosed it. For example, if you provide information for the purpose of a driver background check, we may disclose the information to third parties in order to conduct the background check.
(c) If you provide your implied or express consent. For example, if your account is liked to a third party service such a social media service, payment provider or any service that uses our API (or whose API we use), we may share your information with the third party service.
(d) If required by law. For example, we may disclose your information if we believe it is required by an applicable law, regulation or legal process or if we believe disclosure is necessary to protect the rights, property or safety of any person.
5 Access and correction
You can access and correct certain account information through the FAB Platform. We will otherwise comply with your reasonable requests regarding the access and correction of any of your personal information that we hold, as required by any applicable law.
6 Storage and security
We will take reasonable precautions to safeguard the information we collect and protect it from unauthorised disclosure or access. You agree that in order to provide the FAB Platform, we may need to store, transfer or route the information we collect to servers located outside of Australia.
7 Questions and complaints
If you have any questions relating to this policy, please contact: The Privacy Officer, Fabulous Technologies Pty Ltd, [email@example.com].
8 Policy changes
We may change this policy at any time by publishing the changed policy on our website and notify you through the FAB Platform or by email or other communication. By continuing to use the FAB Platform, you agree to this policy as amended from time to time.