Terms & Conditions

Effective Date: 11 May 2026

Business Name: BATA Holdings Pty Ltd

Contact Email: support@bataholdings.com

Business Address: Ulladulla NSW. Australia

1. Introduction

Welcome to the BATA Tow Truck App (“App”). These Terms and Conditions (“Terms”) govern your access to and use of the App, website, services, software, and related features provided by Bata Holdings Pty Ltd (“Company”, “we”, “our”, or “us”).

By downloading, accessing, registering for, or using the App, you agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not use the App.

2. Services Provided

The App provides a platform that connects:

Customers requiring towing or roadside assistance services;
Independent tow truck operators and towing businesses;
Service providers and contractors.

Services may include:

Emergency towing;
Accident towing;
Vehicle transport;
Roadside assistance;
Vehicle recovery;
GPS dispatching;
Real-time tracking;
Payment processing;
Communication services.

We reserve the right to modify, suspend, or discontinue any part of the App at any time without notice.

3. Eligibility

You must be at least 16 years old to use the App.

By using the App, you confirm that:

You have the legal authority to enter into binding agreements;
All information you provide is accurate and current;
You will comply with all applicable Australian laws and regulations.

4. User Accounts

Users will be required to create an account.

You are responsible for:

Maintaining confidentiality of your account credentials;
All activity conducted under your account;
Immediately notifying us of any unauthorised use.

We may suspend or terminate accounts for:

Fraudulent activity;
Abuse of the platform;
Breach of these Terms;
Illegal conduct;
Non-payment.

5. Customer Responsibilities

Customers agree:

To provide accurate vehicle and location information;
To ensure lawful ownership or authority over the vehicle;
Not to use the App for unlawful purposes;
To pay all agreed fees and charges.

Customers acknowledge that towing times may vary depending on:

Traffic;
Weather;
Road conditions;
Availability of operators;
Emergencies.

Estimated arrival times are estimates only.

6. Tow Operator Responsibilities

Tow operators using the App agree that they:

Hold all required authorities, licences and permits;
Maintain appropriate insurance;
Operate legally and safely;
Comply with transport, towing, workplace safety, and consumer laws;
Maintain vehicles in roadworthy condition.

Operators are independent contractors unless otherwise agreed in writing.

Nothing in these Terms creates an employment relationship.

7. Pricing and Payments

Pricing may include:

Base towing fees;
Distance charges;
Storage fees;
After-hours fees;
Recovery charges;
Cleaning fees;
Toll charges;
Cancellation fees.

Prices displayed in the App are the agreed service fee.

Payments are processed through third-party payment processors.

By providing payment details, you authorise us to charge applicable fees.

All payments are in Australian Dollars unless otherwise stated.

8. Cancellations and Refunds

Refund requests will be assessed on a case-by-case basis.

We reserve the right to refuse refunds where:

Services were properly delivered;
Incorrect information was provided by the customer;
Delays occurred outside reasonable control.

9. GPS Tracking and Location Data

The App may collect and process real-time location data to:

Match users with tow operators;
Provide navigation and tracking;
Improve service delivery;
Enhance safety;
Prevent fraud.

By using the App, you consent to the collection and use of location data.

You may disable location services in your device settings; however, certain App features may not function properly.

10. Privacy Policy

10.1 Information We Collect

We may collect:

Personal Information

Full name;
Phone number;
Email address;
Billing address;
Driver licence details;
Vehicle details;
Insurance information;
Profile photos;
Government-issued identification.

Technical Information

Device identifiers;
IP address;
Browser information;
Operating system;
App usage data;
Crash logs;
Uploaded photos
Cookies and analytics data.

Location Information

GPS location;
Real-time tracking data;
Trip history.

Payment Information

Payment details may be processed securely by third-party payment providers.

We do not store full credit card information unless specifically disclosed.

10.2 How We Use Information

We may use collected information to:

Provide services;
Verify identity;
Process payments;
Improve App performance;
Provide customer support;
Detect fraud;
Comply with legal obligations;
Send service updates and notifications;
Conduct analytics and business operations;
Market services where permitted by law.

10.3 Disclosure of Information

We may disclose information to:

Tow operators;
Service providers;
Payment processors;
IT providers;
Insurance companies;
Government authorities;
Legal advisors;
Law enforcement where legally required.

We may also disclose information:

To protect legal rights;
To prevent fraud or harm;
During a business sale, merger, or acquisition.

10.4 Data Storage and Security

We take reasonable steps to protect information using:

Encryption;
Secure servers;
Access controls;
Authentication measures;
Monitoring systems.

However, no system is completely secure.

Users acknowledge that internet-based services carry inherent security risks.

10.5 Data Retention

We may retain information:

As long as required for business purposes;
To comply with legal obligations;
To resolve disputes;
To enforce agreements.

Data may be retained after account closure where legally permitted.

10.6 Marketing Communications

Users may receive:

Promotional emails;
SMS notifications;
Service announcements;
Special offers.

Users may opt out of marketing communications at any time.

10.7 Cookies and Analytics

We may use:

Cookies;
Pixels;
Analytics tools;
Tracking technologies.

These technologies help us:

Improve performance;
Analyse usage;
Personalise content;
Measure advertising effectiveness.

10.8 Third-Party Services

The App may integrate with third-party services including:

Payment gateways;
Maps and GPS providers;
Cloud hosting providers;
Analytics providers;
Messaging systems.

We are not responsible for third-party privacy practices.

Users should review third-party policies separately.

10.9 Access and Correction Rights

Users may request access to or correction of personal information by contacting us.

We may require identity verification before processing requests.

10.10 Australian Privacy Law Compliance

We aim to comply with:

The Privacy Act 1988 (Cth);
Australian Privacy Principles (APPs);
Applicable state and territory laws.

11. Intellectual Property

All intellectual property rights relating to the App remain the property of the Company or its licensors.

Users must not:

Copy;
Modify;
Reverse engineer;
Distribute;
Sell;
License;
Exploit the App without written permission.

12. Acceptable Use

Users must not:

Use the App unlawfully;
Upload harmful code;
Interfere with App operations;
Harass or threaten others;
Submit false information;
Circumvent security measures.

We may investigate and report unlawful conduct.

13. Limitation of Liability

To the maximum extent permitted by law:

The App is provided “as is” and “as available”;
We do not guarantee uninterrupted or error-free service;
We are not liable for indirect, incidental, special, or consequential damages.

This includes loss relating to:

Vehicle damage;
Delays;
Lost profits;
Data loss;
Business interruption;
Third-party conduct.

Where liability cannot be excluded under Australian Consumer Law, liability is limited to the maximum extent permitted.

14. Indemnity

Users agree to indemnify and hold harmless the Company, directors, employees, contractors, and affiliates from claims arising from:

Breach of these Terms;
Misuse of the App;
Violation of laws;
Negligent or unlawful conduct.

15. Insurance Disclaimer

The Company does not guarantee that tow operators hold adequate insurance unless specifically verified.

Users are responsible for ensuring appropriate insurance coverage for their vehicles and property.

16. Roadside and Emergency Risk Disclaimer

Users acknowledge that roadside assistance and towing services involve inherent risks.

Users must:

Follow operator instructions;
Maintain safe distance from traffic;
Comply with emergency personnel directions.

17. Suspension and Termination

We may suspend or terminate access immediately if:

These Terms are breached;
Fraud or illegal activity is suspected;
User conduct risks harm or liability.

Termination does not affect accrued rights or obligations.

18. Force Majeure

We are not liable for delays or failures caused by events beyond reasonable control including:

Natural disasters;
Floods;
Fires;
Strikes;
Telecommunications outages;
Government actions;
Civil unrest.

19. Changes to Terms

We may update these Terms at any time.

Updated Terms become effective upon publication in the App or website.

Continued use of the App constitutes acceptance of revised Terms.

20. Contact Information

For questions regarding these Terms or privacy matters, contact:

BATA Holdings Pty Ltd
Email: support@bataholdings.com
Phone: 0407001281
Address: Ulladulla

21. App Store Compliance

If the App is downloaded through Apple App Store or Google Play:

Users must comply with applicable platform terms;
Apple and Google are not responsible for App services;
The Company remains solely responsible for the App.

22. Electronic Communications Consent

By using the App, users consent to receiving electronic communications