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 eighteen (18) 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 availing the Transportation Services (the “Services”) provided by 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 “ Company” 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 an Account on the Application.
“Driver Partner” shall mean and include such individuals as may be evaluated, appointed and trained by an Driver Partner associated with us to provide the transportation services on its behalf and persons who are registered with Company and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
“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 by the User facilitated through the Site.
“Service(s)” means the facilitation of transportation service by Company through the Application.
“Platform” shall mean thePlatform and the website http://hello-ride.com operated by Company or any other software that enables the use of thePlatform or such other URL as may be specifically provided by Company.
“Substitute Vehicle” shall mean another vehicle arranged for transporting theUsers 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 (each, an “Application”) to arrange and schedule transportation services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Company or certain of Company’s affiliates (“Driver Partner”). Unless otherwise agreed by Company in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY DRIVER PARTNER WHO IS NOT EMPLOYED BY COMPANY OR ANY OF ITS AFFILIATES.
The Site permits you to avail the Services offered by Driver Partner. The Service allows You to send a request through Company to a Driver Partner. The Driver Partner has sole and complete discretion to accept or reject each request for Service. If the Driver Partner accepts a request, Company notifies You and provides information regarding the Driver Partner - including Driver Partner name, Vehicle license number, and such other details as Company may determine.
Company shall procure reasonable efforts to bring You into contact with a Driver Partner, subject to the availability of Driver Partner in or around Your location at the moment of Your request for such services.
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 eighteen (18) 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-sublicensable, 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, noncommercial use. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
4. Confirmation of Booking
Company shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You via the Platform, other applications or via phone if required. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by updating mobile App.You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Company of the incorrect details immediately.
5. Rights and Obligations of Users
In order to access the Services, the User 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) Company 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.
6. Payment
Company shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Company. The Convenience Fee or Access Fee shall be payable by you to Company and shall be informed to you before you begin your ride.
Driver Partner shall charge Fare to You for the Ride offered to You by the Driver Partner.
You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
You shall be required to pay such Cancellation Fee, which will form part of the receipt of the Total Ride Fee.
In addition to the Total Ride Fee, you may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
Company shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the Driver Partner for the Fare andAdditional Fee, and the Convenience Fee or Access Fee raised by Company shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.
All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the Driver Partner or Company, as the case may be.
• Credit Card/ Debit Card: Total Ride Fee shall beeffected using the services of an entity providing payment gateway/processor services (“PG”), authorized by Company. Such PG may either be Company or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Company and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposesof the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Company’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of Company’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
Any payment related issue, except when such issue is due to an error or fault in the Platform, shall be resolved between You and the Payment Processor.
7. Cancellation Policy
You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver Partner at any point of time subject to a Cancellation Fee of $9
Company shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the Driver Partner for the Cancellation Fee, and Company for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.
The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
Rider cancellation police and waiting Period,
In this document, waiting period means,
Before your driver’s arrival at the pick-up point,
· If you cancel the trip within 5 minutes of your drive accepting your tip request, you will not be charged a cancellation fee.
· if you cancel the trip more than 5 minutes of our driver accepting your trip request, you will be charged a cancellation fee unless we detect that your driver has not made sufficient progress toward the pick-up point.
· If your driver cancels the trip before arriving at the pick-up point, you will not be charged a cancellation fee.
After your driver’s arrival at the pick-up point.
· if you cancel the trip, you will be charged a cancellation fee.
· if your driver cancels the trip after the expiry of the waiting period, you will be charged a cancellation fee. Please contact your driver to let them know if you are not able to make it to pick-up point within the waiting period.
8. Cleaning and Repair fees
Should your use of the third-party provider vehicle result in the need for necessary cleaning or repair for damage caused, a "Cleaning and Repair' fee will be applied and entire amount will be reimbursed to driver. Hello-Ride will first verify the cleaning or repair request with the third-party provider before proceeding with your fee. The third-party provider will provide photos of the damage as well any receipts for cleaning required or damage repairs. Details of cleaning fee will be provided to you. Payment for this fee will be deducted from your nominated payment method assigned to your Account. This fee is non-refundable. Should you have any objections or want to dispute this fee, you can submit an appeal.
9. Refund Policy
We follow “No Refund Policy” once You have availed the ride. Refund may be at the discretion of the Company only in case of exceptional situations.
If any amount paid by You is fully or partially refundable for any reason, such amounts will be credited to Your Account (so it can be applied against any subsequent Ride(s)) or refunded to You as applicable.
10. 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.
11. 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.
12. 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.
13. 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.
14. Liability
The information, recommendations and/or Services provided to 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 You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Company’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
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.
You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Company will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.
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.
15. 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.
16. 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.
17. 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.
Created by AUS & RIDE PTY LTD
Created Date 15.01.2022
Reviewed Date 27.01.2022