The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to and use our website http://hello-ride.com and Hello-Ride App (the “ Platform”), including any content, functionality and services offered on or through the Platform, by Hello-Ride Ptv Ltd (ACN: 647 168 705), having its registered address at PO Box 1295 Waverly Gardens, Mulgrave 3170 Victoria, Australia.
Please read the Terms of Use carefully before you start to use our Services. By using our Services, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found https://hello-ride.com/privacy-policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform. By accepting these Terms, you also allow Company to send you promotional material or alerts via email, SMS or other means from time to time.
By using our Services, you agree that you are over the age of Twenty-one (21) years who can form legally binding contracts under applicable law, and who properly create a valid account. By using our Services, you agree that we reserve the right to suspend your account or stop providing our Services to at our discretion.
Key Terms
“Account” shall mean the account created by the User on the Platform for providing the Transportation Services (the “Services”) on behalf of the Company.
“Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party/ government authorities for undertaking the Ride under Applicable Law.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Australia.
“Application” shall mean the mobile application ''AUS & RIDE” updated by Company from time to time.
“Convenience Fee”/ “Access Fee” shall mean the fee payable by the User to Company for the Service i.e., for availing the technology services offered by Company, door to door service, wi-fi access, User support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
“Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a User.
“User/ You” means a person who has a Driver Account on the Application.
“Fare” shall mean such amount in AUD, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver Partner. The Fare shall be exclusive of all applicable taxes on the Fare, if any.
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Company.
“Company” or “us” or “we ” or “our” shall mean Hello-Ride Ptv Ltd (ACN: 647 168 705), having its registered address at PO Box 1295 Waverly Gardens, Mulgrave 3170 Victoria, Australia, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“Ride” shall mean the travel in the Vehicle for the User facilitated by You.
“Service(s)” means the facilitation of transportation service by Company through the Application.
“Platform” shall mean the website http://hello-ride.com and Hello-Ride App operated by Company or any other software that enables the use of the Platform or such other URL as may be specifically provided by Company.
“Substitute Vehicle” shall mean another vehicle arranged for transporting the Users to his/her destination, in the event of a Vehicle breakdown.
“Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
“T&Cs” / “Terms of Use”/ “ Terms” shall mean these User terms and conditions.
“Vehicle” shall mean a motor vehicle used for the Services.
1. Use of Our Services
The Services constitute a technology platform that enables users of Company’s mobile applications or websites provided as part of the Services to arrange and schedule transportation services with you under agreement with Company or certain of Company’s affiliates (“ Driver Partner”). Unless otherwise agreed by Company in a separate written agreement, the Services are made available solely for your personal, non-commercial use.
The Platform permits you to provide the Services to Users. The Service allows You to receive a request from Users of the Application. You have sole and complete discretion to accept or reject each request for Service. If You accept a request, Company notifies the User and provides Your information like name, Vehicle license number, and such other details as Company may determine to the User.
Company shall procure reasonable efforts to bring You into contact with a User, subject to the availability of User in or around Your location.
2. Account Registration
To access Our services, you will need to validly register for an account and to become a User with verified phone &email. As indicated above, by doing so, you represent and warrant that you are over the age of Twenty-one (21) and are capable of entering into legally binding agreements in the relevant jurisdiction(s).
To create a user account, you must create a password-protected account (the “Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Company Account password and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform Company of any suspected unauthorized use. Company is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, you may, however, be liable or responsible to Company or third parties due to unauthorized use of Your Account.
3. License
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
4. Rights and Obligations ofDriver Partner
In order to access the Services, you may be required to provide Registration Data, as part of the registration process, for his continued use. You agree that registration information provided shall be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.
You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by Companyunless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).
You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach.
You agree that will not use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions.
You agree that will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site.
You agree that will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Company or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates payment structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.
You agree that will not recruit, solicit, or contact in any form Users for employment or any other use not specifically intended by the Platform .
You agree that will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
You agree that will not violate any Company policies that govern or relate to Your use of the Platform and interactions with You and third parties.
You agree that will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Company and which relate to Users.
You agree that will not register for more than one (1) Account or registering for a Company Account on behalf of an individual other than Yourself or transferring or purporting to transfer your Company Account to any other person.
5. Ratings
Driver Partner acknowledge and agree that after receiving Services, a User will be prompted by the App to rate the Services, and Driver Partner will be prompted to rate the User. This can also include comments and other feedback, which, along with the rating. However, there is no obligation on Driver Partner or the User to provide ratings or comments nor is there any consequence for not providing a rating.
6. Requirements and Documentation
Driver Partner is subject to certain background, driving record and other checks from time to time. Driver Partner acknowledge and agree that at all times you shall hold and maintain a valid driver’s license and all other required licenses, permits, work entitlements, approvals and authority to provide Services. Driver Partner acknowledge and agree that you have a citizenship, residency or visa status that allows you the right to work in Australia. Driver Partner acknowledge and agree that the vehicle must meet the requirements to provide the Services, be properly registered, licensed and generally suitable to operate as a passenger transportation vehicle, kept in a clean and sanitary condition, and maintained in good operating condition consistent with industry safety and maintenance standards for a vehicle of its kind. Driver Partner must provide written copies of all licenses, permits, work entitlements, approvals, authority, registrations and certifications (including renewals) prior to and during your provision of any Services. Driver Partner acknowledge and agree that Company reserves the right, at any time in its sole discretion to restrict Driver Partner from using the Driver App and Driver ID, if it fails to meet the requirements in this Agreement.
7. Fare Calculation, Incentive and Payment to Driver Partner
Driver Partner will charge a fare to Users for each instance of completed Services to a User that are obtained via the Company Services ("Fare"). Company will calculate the Fare that Driver Partner will charge Users (“Fare Calculation”). Company determines the Fare Calculation as a base fare amount plus distance. Driver Partner can also charge the User for any applicable road, bridge, ferry, tunnel and airport charges and any other fees (including inner-city congestion, environmental or miscellaneous charges as reasonably determined by the Company Services) ("Tolls"), taxes and/or fees incurred during the provision of Services. Company reserves the right to change the Fare Calculation at any time in Company's discretion. Company will provide you with notice in the event that any such change would result in a change in the recommended Fare. Driver Partner appoint Company as your limited payment collection agent solely to accept the Fare, applicable Tolls, and, depending on the region and/or if requested by you, applicable taxes and fees from the User on your behalf via the Company Services’ payment processing functionality, and agree that the User’s payment to Company shall be considered the same as payment made directly by the User to Driver Partner. If a User cancels their request for Services prior to arrival of Driver Partner, Company may charge that User a cancellation fee on behalf of Driver Partner, and a Service Fee will be payable to Company.
From time to time, Company may make an incentive payment(s) to Driver Partner as consideration for satisfaction of certain conditions as determined by Company in its discretion (“Conditions”). These Conditions may be communicated to you, including via text message and email. You acknowledge and agree that any incentive payment(s) is made to you at Company’s sole discretion, subject to the Conditions.
Company agrees to remit, or cause to be remitted, to Driver Partner on at least a weekly basis, (a) the Fare less the applicable Service Fee and other fees charged by Company; (b) the Tolls (excluding applicable airport charges, which Company may pay to the airport on your behalf); (c) any incentive payments; and (d) depending on the region, certain taxes and ancillary fees (where applicable).
8. Service Fee
In consideration of Company’s provision of the Company Services to Driver Partner, Driver Partner agree to pay Company a service fee on a per Services transaction basis, which is calculated as a percentage of the Fare Calculation ("Service Fee"). Company will provide Driver Partner with notice via email or via the Driver App, of the Service Fee that applies to each Service provided by Driver Partner.
9. Must be Fully Vaccinated All Hello-Ride Drivers
The health and safety of the community is our top priority.
In Victoria, there are more than 6.5 million reasons to get vaccinated against COVID-19.
We want to make sure our drivers know the best ways to help protect themselves and others when driving on our platform. Hello-Ride is encouraging all drivers to get into the driver’s seat to a better future and get vaccinated against COVID-19.
Why should you get vaccinated?
Getting vaccinated has many benefits:
• You’ll be helping to protect yourself against the severe effects of COVID-19.
• You’ll be protecting your passengers especially those who can’t be vaccinated due to medical conditions, and you are also slowing the spread of the virus and finally;
• You’ll be helping to keep hospitalization rates at a level our health system can cope with.
The vaccine is safe, free and by getting vaccinated, we’re going to get back on the road sooner and safer.
https://cpv.vic.gov.au/vehicle-owners/coronavirus-covid-19/covid-19-vaccine-program
10.Cameras and Recording
Hello-Ride drivers can install camera approved by CPVV, dash cams, or other recording devices to record riders while driving for the safety of both the driver and their passengers.
Hello-Ride drivers must do the following;
• To install a forward-facing camera.
• The security cameras installed in a rideshare vehicle must comply with Hello-Ride security camera specifications, which set out minimum standards for operation, data security and quality of images.
• The privacy of passengers and drivers is paramount. Images of passengers are not to be viewed or kept.
• Audio recordings of passengers is not permitted unless they have provided their consent or they are a party to the conversations. This includes recordings from all devices including mobile phones.
• Drivers should familiarize themselves with the Camera Surveillance Units Standards 2020 to ensure they meet the requirements. Drivers must also ensure their CSU complies with these standards. Drivers must ensure that recording of passengers in their vehicles are not shared with anyone other than by request of the Police.
11.Drug and Alcohol policy
Hello-Ride maintains a strict zero-tolerance on drugs and alcohol policy for drivers.
Hello-Ride is committed to a safe, healthy and productive workplace.
Our Community Guidelines include a strict zero-tolerance policy for the use of drugs or alcohol for all our drivers. Drivers found to be under the influence of drugs or alcohol will be permanently deactivated, and we reserve the right to deactivate partners for receiving several unconfirmed complaints of drug or alcohol use.
Additionally, use of a controlled substance, prescribed by a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that the prescribed substance or drug will not adversely affect the driver’s ability to safely operate a motor vehicle.
No smoking as it potentially affects the right and enjoyment of your passengers. It is a health hazards.
In the case of losing your license from drink driving or any other issues Hello-Ride drivers must inform us immediately so we assess the situation.
12.Personal space and privacy
Hello-Ride values the personal space and privacy of both drivers and riders.
It is okay to chat with your passengers, but don’t comment on their appearance or ask whether they are single. Personal space and privacy should be respected. The following list provides examples of inappropriate conduct, but is not exhaustive.
• Do not ask personal questions (for example, about relationship status).
• Do not comment on appearance (for example, derogatory or “complimentary” comments).
• Do not make explicit comments or gestures (for example, slurs, or graphic or suggestive messages).
• Do not flirt (for example, nonverbal, suggestive flirting, or being too physically close).
• Do not display indecent material (for example, provocative objects or pictures).
13.Share the road
Safe roads require Hello-Ride drivers to practice safe behavior, which includes looking out for all travelers, regardless of how they get around.
14.Firearms ban
Our goal is to ensure that rider has a safe and reliable ride. Hello-Ride Drivers are strictly prohibited from carrying firearms while using this platform, to the extent permitted by applicable law. Any driver who violates this policy may lose access to Hello-Ride.
15.Street hails and off-platform pickups
To enhance the safety of each experience and in compliance with local laws (where applicable), all trips on the Hello-Ride must be arranged through our app. Drivers are prohibited from conducting street hails and off-platform pickups while acting in their capacity as drivers on the Hello-Ride Marketplace Platform.
16.Follow all laws
Everyone is responsible for knowing and obeying all applicable laws, including airport rules and regulations when at the airport, and the rules of the road—including complying with traffic laws, signs, and signals— at all times when using the road.
All relevant licenses, permits and any other legal documents required of Hello-Ride drivers must be kept up to date. For example, all Hello-Ride drivers required by law to maintain a valid driver’s license, insurance, and vehicle registration.
17.Public emergencies
Hello-Ride may take additional measures to try to preserve the safety of our platform during public emergencies, including but not limited to natural disasters, public health emergencies, and public crisis situations.
For example, if we receive notice from a public health authority that someone using our platform may present a potential for public harm, we may temporarily block the individual’s access until it is reasonably safe to allow the individual to resume this Platform. Similarly, we may prevent that’s individual in an entire city or region from using part or all of the Hello-Ride Marketplace Platform or impose other requirements to comply with guidance from authorities during a time of public health emergency, natural disaster, or other public crisis situation, or when the continued availability of the Hello-Ride Marketplace Platform might present a danger.
18. Ratings:
Hello-Ride Drivers give and receive ratings, as well as give feedback on how the trip or delivery went. This feedback system improves accountability and helps create a respectful, safe, and transparent environment for everyone. Drivers can see their current rating in the app while riders can see their rating displayed under their name by opening the app and touching the menu.
Drivers that don’t meet the minimum average rating for their city may lose access to all or part of the Hello-Ride platform. If your rating is approaching this limit, we will let you know and may share information that may help you improve your rating.
If you’re a driver and you lose access to your Hello-Ride account for low star ratings, you may have the opportunity to get back on the road if you meet eligibility requirements and provide proof that you’ve successfully taken a quality improvement course offered by third-party experts.
19.Trip confirmations
If Hello-Ride drivers don’t want to accept trip requests, they can just go offline or log off.
If you consistently decline consecutive trip requests in a row, our technology may assume you do not want to accept more trips or have forgotten to log out, and you may be temporarily logged out. However, you are free to log back in whenever you wish to begin confirming availability for trips again.
20.Notified and reporting
The regulations set out responsibilities for Hello-Ride drivers in relation to notifying us of certain incidents.
Drivers has a duty to notify us of any incident related to the provision of a commercial passenger vehicle services resulting in:
• The death of any person.
• The serious injury of any person.
• Attendance by police.
• Attendance by a health professional.
https://cpv.vic.gov.au/drivers/accredited-driver-responsibilities/notifiable-incidents
21.Non-Discrimination Policy
Hello-Ride seeks to ignite the opportunity by setting the world in motion and must strive to provide safe, reliable, and high-quality service options to everyone. Hello-Ride and its affiliates therefore prohibit discrimination against users based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any user refusing to provide or accept services based on any of these characteristics.
Any driver found to have violated this prohibition will lose access to the Hello-Ride platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible under this policy.
22.Safety and Security:
We want to make sure that riders and drivers have access to tools that will help them stay safe when they use our service. To help you get the help you need in an emergency situation, you can call 000 through the Hello-Ride app and, where available, we will share your location and other trip details with the 000-call taker. Trip details that we will share are your estimated current location at the time your 000 call was placed, the car’s make, model, color and license plate, your name and phone number, your pickup and drop-off locations and your driver’s name.
The location that we will share with the 000-call taker is your latitude and longitude, as determined by your device’s operating system at the time that you placed the call. Your device’s location information may not be accurate, particularly in dense urban environments.
23.Maintain your driver accreditation:
When a driver’s accreditation is granted, it’s ongoing and doesn’t have an expiry date. Driver accreditation will only ‘expire’ if it’s cancelled by us or surrendered by the driver.
This means the old Application to renew your driver accreditation form (renewal) that you may be used to receiving will no longer be issued.
Instead, to maintain your driver accreditation you will need to:
• Pay the annual fee invoice that Hello-Ride send you each year
• Complete (and pass) the periodical medical self-assessment that Hello-Ride requests from you every three years (or annually if certain medical conditions are present). Some drivers are also required to provide relevant medical specialist report/s.
24.QR-Code:
Record keeping is an important tool for helping Victoria to stay safe and stay open. The QR code is connected to the Victoria Government’s contact tracing system and will help us have the efficient and effective response to outbreaks.
Hello-Ride Drivers in states or territories which require mandatory QR code installation, use and check-in must ensure that the QR codes for their vehicles are installed and is:
· In a convenient location
· If laminated, has been sanitized.
Drivers can assist passengers to check-in by turning on internal lighting and remaining stationary until they have scanned the Service Victoria QR code. Scanning the QR code in the dark or in a moving vehicle can be difficult.
https://www.coronavirus.vic.gov.au/about-free-service-victoria-qr-code-app
25.YouTube Channel:
To help you stay safe and compliant on the road, our YouTube Channel provides high-level information about local regulatory requirements that may apply to drivers. You should must watch our videos.
https://www.youtube.com/channel/UCFigekVL4jQcbl0gnOkHHGQ
26. Fatigue
We want to ensure the safety of Hello-Ride drivers and our riders.
Taking regular breaks from driving decreases the risk of fatigue and keeps you safe on the road. Drivers may transport passengers in their vehicles for up to 12 hours. After 12 hours, drivers must be offline for 8 consecutive hours before driving again.
Driving time is from the time you confirm the trip request and start driving to the pickup, to when you complete the trip.
This means that if you are online and stationary, for example waiting for a request, driving around the city without a passenger, or sitting in an airport queue, then this time is not included into the 12 hours of driving time.
27.Vehicle maintains – Redbook inspection
Providing a safe environment for drivers and customers is Hello-Ride’s top priority. Unsafe vehicles are a cause of road-related accidents and a failure on the part of drivers to ensure that vehicles have been properly maintained according to the manufacturers’ standards, puts not only the driver’s safety at risk but that of our customers and the public.
Every Hello-Ride driver must be able to pass a Redbook vehicle
inspection. A vehicle inspection is a comprehensive and report detailing
the current state of your vehicle.
Vehicle inspections are required annually. You must have your vehicle
inspected at least once every 12 months.
Please make sure your vehicle meets Hello-Ride requirements, which
include:
· there’s no obvious damage to the vehicle that could be considered
dangerous.
Indicators, tail lights and brake lights MUST operate correctly and the
lenses are not cracked or broken.
· headlights work on both high and low beam and lenses are not cracked or
broken
windscreen washers and wipers operate satisfactorily.
· the vehicle registration and certificate of fitness are current (as well as the road user charges label if you have a diesel or heavy vehicle).
· the engine fluid levels (water and oil) are correct.
· Tires are inflated with close-to-equal pressure and have a legal tread depth with no uneven wear
https://www.vicroads.vic.gov.au/safety-and-road-rules/vehicle-safety
28 Taxes
Driver Partner acknowledges and agree that Driver Partner is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to provision of Services as required by applicable law; and (b) provide Company with all relevant tax information requested of you by Company and their affiliates (including a valid Australian Business Number (ABN) and/or Goods and Services Tax (GST) registration number under which Driver Partner provide Services, if obtaining such a valid ABN and/or GST registration number is required of you by applicable law). Driver Partner further acknowledge and agree that Driver Partner is responsible for taxes on their earnings arising from provision of Services, including without limitation, income tax and GST. Notwithstanding anything to the contrary in this Agreement, Company may in its reasonable discretion based on applicable tax and regulatory considerations, or as required under the law, collect and remit taxes resulting from Driver Partner provision of Services and/or provide any of the relevant tax and other information provided by Driver Partner pursuant to the foregoing requirements in this clause 8 directly to the applicable governmental tax authorities on behalf of Driver Partner or otherwise.
29 Devices
Driver Partner is responsible for the acquisition, cost and maintenance of mobile device/s and any associated wireless data plans used to access the Driver App. Company or their affiliates is not responsible or liable for any fees, costs, or overage charges associated with any data plan.
30 Third Party Websites
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Company is not responsible for these third-party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its Driver Partner. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
31. Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. The Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.
Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
Except as provided below, Company and its affiliates and licensors retain all right, title and interest in and to the Services, excluding your User Content. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Company’s intellectual property in whole or in party, except as expressly permitted in these Terms or with the prior written consent of Company. You agree to use the Services only in accordance with these Terms. You agree not to disassemble, decompile or reverse-engineer any software or other component of the application.
32. Force Majeure
We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under these Terms shall be suspended for so long as the Force Majeure Event continues.
33. Indemnification
By accepting these Terms and using the Service, You agree that You shall defend, indemnify and hold Company, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Driver Partner \or (c) Your use or misuse of the Application or Service.
34. Liability
The information/ recommendations provided by You on or through the Site, the Application and Companywebsite or contact numbers are for general information purposes only and does not constitute advice. Company will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
Company shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
Company does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
Company shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Company. Company will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under Applicable Law.
35. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Western Australia, without giving effect to any choice of law or conflict of law provisions. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The language of the arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the ICC, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Nothing herein limits or excludes (nor is intended to limit or exclude) any statutory rights that you may have under applicable law, including the Australian Consumer Law, that cannot be lawfully limited or excluded.
36.. Modification or Changes to the Terms of Use
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, or any other aspect of the relationship between Company and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform. Amendments are effective no sooner than thirty (30) days after we post them on the Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless stated otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Platform.
37. General Terms
These Terms constitute the legal agreement between You and Company and govern Your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services You wish to avail of (but excluding any offering which Company may provide to you under a separate written agreement), and completely replace any prior agreements between You and Company in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.