Terms of Service

X Tow operates an on-demand towing marketplace in Australia that connects people who need a tow (“Customers”) with independent tow operators (“Operators”). X Tow provides the platform technology for requesting, quoting, matching, tracking, and paying for towing jobs. Unless we expressly say otherwise, Operators are independent businesses or contractors and are not employees, agents, or partners of X Tow.

X Tow does not itself provide towing, roadside recovery, or vehicle storage services. The towing contract for a completed job is between the Customer and the Operator who accepts and performs that job, facilitated through the Services.

You must be at least 18 years old and able to form a binding contract under Australian law to use the Services. You agree to provide accurate, current account information and to keep your login credentials secure. You are responsible for activity that occurs under your account.

We may refuse registration, suspend access, or close an account where we reasonably believe these Terms have been breached, fraud or misuse is occurring, or we are required to do so by law.

When you request a tow as a Customer, you agree to:

• provide accurate pickup and drop-off details, vehicle information (including make, model, colour, and rego), and any access or safety constraints that may affect the job;
• ensure you have authority to request a tow for the vehicle and to authorise payment for the job;
• be available at the pickup location (or arrange a suitable contact) and cooperate reasonably with the Operator;
• not use the Services for unlawful purposes, including moving a vehicle without lawful authority; and
• treat Operators and X Tow staff with respect and not engage in abuse, threats, or harassment.

Quotes, ETAs, and availability shown in the Services are estimates based on information available at the time and may change due to traffic, weather, access issues, vehicle condition, or Operator availability.

If you join or use the Services as an Operator, you represent and warrant that you:

• hold all licences, permits, insurance, and accreditations required to provide towing services in the jurisdictions where you operate;
• will keep those credentials current and provide evidence to X Tow on request;
• will perform accepted jobs with due care and skill, in accordance with applicable laws and industry standards;
• will provide accurate quotes, availability, and job status updates through the Services; and
• will not misuse Customer information obtained through the Services, including for unsolicited marketing outside the platform without a lawful basis.

Operators set or confirm pricing for jobs as presented through the Services (subject to any platform rules we publish). Acceptance of a job creates an obligation to perform it unless cancelled in accordance with these Terms or platform policies.

Prices for towing jobs are shown in Australian dollars (AUD) and may include GST where applicable. When you accept a quote or complete a job through the Services, you authorise X Tow (and our payment processor) to charge the payment method you provide for the agreed amount, plus any disclosed platform, booking, or cancellation fees.

X Tow may charge Customers and/or Operators platform fees for use of the Services. Fee amounts and any applicable taxes will be disclosed in the app, on a quote, or in Operator terms before you are charged. Payment processing is handled by our payment processor; card details are subject to that processor’s security practices.

If a payment fails, is reversed, or is charged back, you remain responsible for amounts owed. We may suspend access to the Services until outstanding amounts are resolved. Refunds, if any, are assessed case by case according to the circumstances of the job, applicable Australian Consumer Law rights, and our refund practices at the time.

Customers may cancel a request before an Operator is assigned, or after assignment subject to any cancellation rules shown in the app at the time of booking. Late cancellations, no-shows, or cancellations after an Operator is en route may attract a cancellation fee to cover reasonable costs already incurred.

Operators should only accept jobs they can complete. Repeated cancellations, failures to arrive, or incomplete jobs without a valid reason may result in reduced visibility on the platform, suspension, or removal from the network.

X Tow may cancel a job where we reasonably believe there is a safety risk, suspected fraud, a breach of these Terms, or a service outage that prevents proper fulfilment.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other laws that cannot be excluded. Where our liability can be limited for a failure to comply with a consumer guarantee relating to services, our liability is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.

To the maximum extent permitted by law:

• the Services are provided on an “as is” and “as available” basis, and we do not warrant that they will be uninterrupted, error-free, or available in every location;
• X Tow is not liable for the acts, omissions, quality of work, delays, damage, or losses caused by Operators, except to the extent required by non-excludable law or caused by our own negligence or wilful misconduct;
• we are not liable for indirect, incidental, special, or consequential loss, or loss of profits, revenue, data, or goodwill, arising from your use of the Services; and
• our aggregate liability arising out of or in connection with the Services or these Terms is limited to the greater of AUD $100 and the total fees you paid to X Tow for the Services in the three months before the claim arose.

You are responsible for arranging any insurance you need for your vehicle or business. Operators remain responsible for their own insurance and compliance obligations.

You must not reverse engineer, scrape, interfere with, or misuse the Services; attempt to bypass security or payment systems; or use the Services to compete unlawfully with X Tow. All platform software, branding, and content (other than content you submit) remain the property of X Tow or its licensors. You receive a limited, non-exclusive, non-transferable licence to use the Services in accordance with these Terms.

If you have a concern about a job, payment, or the Services, contact us first at support@xtow.com.au or (03) 8899 6462 so we can try to resolve it. We will consider complaints in good faith and within a reasonable time.

If a dispute cannot be resolved informally, either party may pursue mediation or other dispute resolution processes available in Victoria before commencing court proceedings, except where urgent injunctive or similar relief is reasonably required. This does not prevent you from exercising any non-excludable rights under Australian Consumer Law, including complaints to regulators where applicable.

These Terms are governed by the laws of Victoria, Australia. Subject to the dispute resolution section above and any non-excludable rights you have, the courts of Victoria (and courts entitled to hear appeals from them) have non-exclusive jurisdiction over disputes arising out of or in connection with these Terms or the Services.

We may update these Terms from time to time. The “Last updated” date at the top of this page will change when we do. Where changes are material, we will take reasonable steps to notify you (for example through the app or by email). Continued use of the Services after an update constitutes acceptance of the revised Terms, to the extent permitted by law. If you do not agree, you should stop using the Services.

For questions about these Terms, contact:

• Email: support@xtow.com.au
• Phone: (03) 8899 6462