Newcastle Transport

Find out more about changes to bus services in Wallsend

Terms and Conditions

Terms and Conditions

newcastletransport.info is a public transport information and trip planning Website for Newcastle Transport (NT) operated by Keolis Downer (KD) (Website). The Website is made available to assist you plan your trip on public transport in and around Newcastle, NSW and its surrounds.

Your use of the Website is subject to these Terms and Conditions (KD Terms). The KD Terms are governed by the laws of New South Wales. KD may update the KD Terms without notice by providing the latest version of the KD Terms on this Website. By using the Website, you are expressly consenting to the KD Terms in effect at the time of use.

A reference to the Website in the KD Terms is a reference to all of the content featured or displayed on the Website, including but not limited to text, pricing, graphics, photographs, images, moving images, sound, illustrations, data, files, other information and software.

 

Accuracy, completeness, timeliness and suitability of Website

KD makes available the content and functionality on the Website to assist you to plan your public transport trips in and around Newcastle. The Trip Planner and Travel Alert information on this Website is owned, operated and managed by Transport for NSW (TfNSW) via transportnsw.info. KD does not warrant or guarantee that the content and functionality on the Website will be complete or suitable for your specific purposes, error free, current at all times, or that the Website will always be available for use. 

A range of factors may affect the accuracy, completeness, suitability, timeliness and availability of the information on the Website including but not limited to breakdowns, congestion, weather conditions, infrastructure development, maintenance (e.g. roadworks and track work), . scheduled and unscheduled downtime.

 

Your responsibilities

You may find that actual trip conditions and times differ from the trip content displayed on the Website. KD will make available travel alerts via the TfNSW Trip Planner based on information TfNSW receives about the transport network and its operations from time to time.

You should check the Website for any changes and for any travel alerts. 

KD and TfNSW advise that you allow yourself sufficient additional time when planning your trip to ensure that you are not significantly inconvenienced by any delays or transport issues. You are responsible for planning your trips with these considerations in mind.

 

Disclaimer and indemnity

KD makes no representations and provides no warranty, guarantee or assurance about the accuracy, completeness, timeliness and suitability of the information contained on the Website or any sites linked to or within the Website.

Some of the sites and content linked to the Website are not controlled by KD. KD is not responsible for, and does not endorse any of those websites and their content. Those websites and content are provided for convenience only, and are subject to their own terms and conditions, separate to the KD Terms.

The internet is not a secure medium. Information from, and communications to and from, the Website may be viewed, intercepted or altered (including in transit). Content accessed over the internet may contain computer viruses or other malicious software. Users accept these risks and are responsible for adequately protecting their devices.

In no circumstances will KD and the State of New South Wales (including TfNSW) and its personnel accept any liability to you or any other person for any loss, damage, costs and expenses that you or anyone else may suffer or incur from reliance on the Website.

You agree to indemnify KD & the State of New South Wales (including TfNSW) and its personnel against any loss, damage, costs and expenses it suffers or incur from your use of the Website.

 

Intellectual property and use of website generally

The copyright and any other intellectual property contained in or associated with the Website will at all times remain the property of KD (and TfNSW for Trip Planning and Travel Alert information). You may only use the Website for your own personal use in planning a trip, or as permitted by law, unless you have a separate written agreement with KD to perform other activities in relation to the Website or its content generally. The Website is not licensed under the Creative Commons Licence and is subject to the laws of Copyright. You must not copy or use all or any part of the Website for any commercial purpose. 

KD may make changes to the Website and its content at any time without notice to you. This includes suspending or terminating your access to the Website (or any part of it) without notice to you.  If KD decides to suspend or terminate your use of the Website and/or its content, KD is not required to provide reasons for the suspension or termination to you.

 

Feedback

We welcome your comments on the Website including any suggestions for improvements and any complaints or concerns. KD may use your comments to improve the Website and the operations of Newcastle Transport. So that KD and TfNSW can deal effectively with your comments, we ask that you complete the online feedback form to submit your comments. Please include your contact details if you would like us to respond to you. KD and TfNSW will treat any personal information you provide according to NT’s Privacy Statement.  

On Demand Terms and Conditions

Acknowledgement and Acceptance
The use of the Website, App and Services is governed by the terms and conditions set out
below, as updated by Keolis Downer Hunter 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 Keolis Downer Hunter.
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. If you are under 16 years of age, you represent and agree that you possess the
legal consent of your parent or guardian to access and use the Service. These terms and
conditions supersede any prior arrangement between you and Keolis Downer Hunter. Keolis
Downer Hunter 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 Newcastle Transport On
Demand 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 or phone connection to use the application and will be
responsible for any associated costs of 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 Keolis Downer Hunter 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 Newcastle Transport (NT) On Demand customer applications available for download from the Google Play and Apple iTunes stores.
  • “Associated Parties” include Keolis Downer Hunter related entities, VIA the provider of the Booking and Driving solution, its contractors and subcontractors.
  • “Booking” means a confirmed agreement for NT On Demand 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 NT On Demand website.
  • “Trial Region” means one of the geographical zones the App Services are available in, being Charlestown – Dudley – Eleebana – Warners Bay. More details about the zones can be found on the Newcastle Transport website (http://www.newcastletransport.info).
  • "Services” means the provision of on-demand transport services by or on behalf of Keolis Downer Hunter within a dedicated Trial Region and available to be booked by the user. Each reservation a user makes on the Service is a “Booking,” and each ride taken through a Booking is a “Ride.”
  • “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.
  • “NT On Demand” refers to Keolis Downer Hunter the operator of the Services in the Pilot Regions under contract with TfNSW
  • “User” means any individual that downloads the Website, App and/or uses the Services.
  • “Vehicle” means a vehicle operated by Keolis Downer Hunter to provide the Services.
  • “Website” means the web pages accessible via www.newcastletransport.info.
  • "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 call the Newcastle
Transport On Demand hotline. To create an account, you must not be under 18 years of
age. The creation of an account will require the provision of Personal Information and
payment methods. Keolis Downer Hunter 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 using the number listed on the Newcastle Transport On Demand web page
during business hours.
Children under the age of 16 must have consent from their parent or guardian to use the
Service.
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the
Service.
You represent and warrant that the information you provide to the Company upon use of the
Service and at all other times will be true, accurate, current, and complete.
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 their account.
You must have a booking to board a vehicle. NT On Demand vehicles will not, under any
circumstances, pick up passengers hailing vehicles or waiting at ranks.
Keolis Downer Hunter 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 their requirements.

Your Log-In Credentials. To use the Service, you may need to log-in by providing a
username, password, and cellular phone number. Your account is personal to you, and you
may not share your account information with, or allow access to your account by, any third
party. As you will be responsible for all activity that occurs under your access credentials
(including, without limitation, the behaviour of any other people that travel in your party), you
agree to use reasonable efforts to prevent unauthorized access to or use of the Service and
to preserve the confidentiality of your username and password, and any device that you use
to access the Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you
have any reason to believe that your account information has been compromised or that
your account has been accessed by a third party, you agree to immediately notify the
Company by e-mail to newway@newcastletransport.info. You will be solely responsible for the losses incurred by the Company and others due to any unauthorized use of your account.

Bookings
When is a Booking made?
A Booking is made on confirmation from NT On Demand (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 Keolis Downer Hunter. For
Bookings made over the phone, it your responsibility to (a) ensure you receive confirmation
of the Booking, (b) to print this out as evidence of a Booking and to use as a ticket for the
Service and (c) be present at the agreed time and location to board the vehicle.
Keolis Downer 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 Passengers
You must nominate at the time of Booking if there are additional passengers for the trip. You
acknowledge that a failure to notify Keolis Downer at the time of arranging the Booking may
entitle Keolis Downer Hunter 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
Trial Region, a wheelchair accessible service should be notified at the time of Booking.
Assistance animals are welcome on board the Service at the discretion of the driver and
must be notified at the time of booking to ensure space.
Seat Allocation
The Services currently 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 your ride is pre-scheduled, more than 1 hour before your earliest pickup time;
  • After the latest pickup time when:

No fees will apply where a user is absent and the Vehicle arrives after the last pick-up time.
For cancellations outside these windows, Keolis Downer Hunter reserves the right to charge
a cancellation fee. If a User repeatedly cancels trips without notifying Keolis Downer Hunter
in advance, the User may be excluded from the service for some time or indefinitely.
 
Communications
NT On Demand may communicate with you by phone, email, text message or posting notice
on the Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer
service-related purposes.

Electronic Notices. By using the Service or providing Personal Information to us, you agree
that we may communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Service. If we learn of a security system’s
breach, we may attempt to notify you electronically by posting a notice on the Service or
sending an email to you. You may have a legal right to receive this notice in writing. To
receive free written notice of a security breach (or to withdraw your consent from receiving
electronic notice), please write to us at newway@newcastletransport.info.
SMS Text Messages. We may send you an SMS text message to the phone number you
provide upon registering with the Service (i) when you register with the Service, (ii) when you
make a Reservation, (iii) when your vehicle is approaching the designated pick-up location,
(iv) when your vehicle is at the designated pick-up location, and (v) when you reset your
password with the Service. Text message and data rates, as determined by your wireless
carrier, may apply. By registering with the Service, you consent to receive these SMS text
messages.
Fares and Charges
Fares for the Services are displayed on the NT On Demand website and consist of a set fee
per trip.
Fares are determined by TfNSW and may be changed from time to time – current pricing will
be available on the NT On Demand website and in the App prior to a Service commencing.
Unless otherwise stated, fares are inclusive of all taxes.
Payment method online through the App or the website is credit card, cash payment is only
available while booking via phone for the NT On Demand service.
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
Keolis Downer 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 Keolis Downer Hunter reserve the right to either (a) charge a full fare
or (b) refuse carriage at Keolis Downers Hunter discretion. Accepted concession
entitlements can be found on the TfNSW website: https://transportnsw.info/tickets-opal/ticket-eligibility-concessions
Keolis Downer Hunter 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 TfNSW’s travel courtesy and etiquette guidelines.
A failure to abide by any of the above may result in Keolis Downer Hunter prohibiting a User
from using the Services and/or suspending their account.
Privacy and Personal Information
Use of the application or the NT On Demand 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.

Personal Information received by Keolis Downer Hunter 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 Keolis Downer Hunter insurers and external legal advisors, in the event of a
claim or accident.
Ownership of Intellectual Property
All IP associated with the Services is owned by VIA, Keolis Downer Hunter, its Associated
Parties or 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. VIA, Keolis Downer and 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 Keolis Downer Hunter. This includes feedback comments, ratings of Keolis
Downer Hunter 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 Keolis Downer Hunter.
 
Limitation of Liability
Keolis Downer Hunter will, at all times, use best endeavours to deliver the Services in line
with these terms and conditions,
To the extent permitted by law, Keolis Downer Hunter 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 Hunter 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, Keolis Downer Hunter 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 Keolis Downer Hunter is responsible for any direct loss, Keolis Downer
Hunter’s obligations are limited to either (i) reperformance of the services; or (ii) refund of the
fare. In no event will Keolis Downer Hunter 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 Keolis Downer Hunter, TfNSW, Via 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:
1. Your use of the Website, App and/or the Services;
2. Your breach or violation of any of these terms;
3. Keolis Downer Hunter’s use of information provided by you (provided this is in
accordance with our privacy policy); or
4. 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 Keolis Downer Hunter drivers and the Service for each trip through
the App, the website and by phone.
A series of poor ratings may result in Keolis Downer Hunter prohibiting a User from using the
Services and/or suspending their account.
 
Dispute Resolution
Keolis Downer Hunter 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.
All feedback and enquiries should be lodged at first instance using the Transport for NSW
Infoline:

 
Notices/Communications
Keolis Downer can be contacted directly through the following avenues:

Keolis Downer Hunter will send notices to Users both by email, text message and through
the App. It is the Users responsibility to ensure the contact information linked to their
Account is both valid and regularly monitored.
Users can unsubscribe from notices at any time through the App or the Keolis Downer
Hunter 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 Keolis
Downer Hunter be liable for a failure of the App or the Services due to the same.
 
General Provisions
Relationship between the Parties

In relation to the performance of Services, Keolis Downer Hunter will provide the Services as
an independent contractor and nothing in these Terms and Conditions will be construed so
as to constitute Keolis Downer Hunter 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 of New South Wales and the User submits to the non-exclusive jurisdiction of
the courts of that State.

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.

On Demand Privacy Statement

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 Hunter Pty Limited may be disclosed to Transport
for New South Wales.
 
TfNSW and the Operator may disclose such Personal Information to 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 Hunter Pty Limited.
 
By using these services provided by Keolis Downer Hunter Pty Limited, passengers consent
to the collection, use and disclosure of their Personal Information in the manner outlined
above.

Subscribe for the latest news about Newcastle Transport