Drive With Us

SNAP RIDE PTY LTD - TERMS AND CONDITIONS

    By creating an Account, using our platform or our services or by submitting an order for our services on our platform you:

    1. acknowledge that once a booking is made, the booking is final subject to our refunds clause in these terms and you must pay the trip fee;
    2. if you cancel a trip in accordance with our Refunds clause, you may be required to pay a cancellation fee, This includes if you, as a
      Rider, have invited more guests to share your trip than can be lawfully accommodated by the Driver’s vehicle;
    3. acknowledge that we assume no responsibility or Liability for Your Data;
    4. as a Rider, agree that we may disclose your personal information to the police for the purposes of you recovering your Lost Property;
    5. acknowledge that we will not be liable for the inaccuracy of any amount charged in respect of tolls;
    6. agree if you are a Rider and your conduct, or the conduct of any third party you invite to take a trip with you, necessitates, in a Driver’s reasonable opinion, the repair or cleaning of a Driver’s vehicle (other than in the normal course), we will deduct from your account such reasonable amount as reasonably determined by the Driver (including any third-party payment processing fees) as is necessary to cover the Damage Repair Costs, up to an amount of $100.00. Should the Damage Repair Costs exceed $100.00, the Driver may seek to recover such additional amount from you in accordance with the relevant laws;
    7. agree that if a Rider has made a Booking, has not commenced the trip, and has cancelled the Booking prior to the Rider being notified of the Driver’s arrival at the Riders location outlined in the Booking, the Rider will be charged a Rider Cancellation Fee of $10.00, You a Driver agree that we will only pass half of the Rider Cancellation Fee onto you the Driver minus any Service Fee (including any third-party payment processing fees) and the remaining half will be retained by the Platform as an administration fee;
    8. (a Driver) agree that if you cancel a trip after a Booking has been made, you will be charged a cancellation fee of $10.00 which will be deducted from the Trips Fees we pay you the Driver on behalf of Riders;
    9. agree that if a Rider has made a Booking and if a Driver arrives at the Rider’s location outlined in the Booking and the Rider is not at the pick-up location after 5 minutes of the Rider being notified of the Driver’s arrival and following reasonable attempts (which we inc our sole discretion will assess) by a Driver to contact a Rider for the Rider to fulfil the Booking, the Booking may be considered a Completed Booking by the Driver and the Rider will not be entitled to a refund of the Trip Fee;
    10. agree that we may amend these Terms or the Fee amount payable under these Terms (including any cancellation fee amount) at any time, by providing written notice to you or by advising you by notification on our Platform;
    11. (a Rider) agree that a Driver may refuse you access to the vehicle if you or anyone that you have invited to share the trip with you is intoxicated or is behaving aggressively, or if any animal that you wish to bring on the trip is behaving aggressively. In these circumstances the trip will be considered a Completed Booking and you will not be eligible for a refund;
    12. subject to our obligations under the Australian Consumer Law, acknowledge that we will not be liable for consequential loss, our
      aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying Our Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid to us in respect of the supply of Our Services to which the Liability relates, or where there are no Service Fees paid, $50 and we have excluded our liability in certain circumstances, particularly as set out in clause REF _Ref103955681 \r \h 21;
    13. agree that we may (in our sole discretion) terminate your Account and/or these Terms and ban you from using our Platform if you
      engage in conduct we do not accept or which we determine (in our sole discretion) is in breach of clause REF _Ref98235114 \r\h \* MERGEFORMAT 5:

    SNAP RIDE PTY LTD - TERMS AND CONDITIONS

    1. Terms
      1. These terms and conditions (Terms) are entered into between Snap Ride Pty Ltd ABN 89 651 866 376 (we, us or our) and you, together the Parties and each a Party.
      2.  In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Rider or Driver; or (2) the individual accessing or using our website available at www.snapride.app and/or our mobile application available on the Apple App Store and Google Play Store (together the Platform).
      3. These Terms supplement and incorporate our privacy policy posted on the Platform.
      4. If you are agreeing to these Terms on behalf of a company, your employer, an organisation, government or other legal entity (Entity), then “you” means the Entity and you are binding that Entity to these Terms. If you are accepting these Terms on behalf of an Entity, you as an individual represent and warrant that you are authorised by the Entity to do so.
    2. Acceptance
      You accept these Terms by clicking “I accept” in the Account registration section of the Platform or using the Platform or Our Services.
    3. Amendment
      1. We may amend these Terms at any time, by providing written notice to you or by advising you by notification on our Platform.
      2. By clicking “I accept” or continuing to use the Platform after the notice or 5 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you should cease using our Platform and terminate your Account as set out in clause 23 of these Terms.
    4. Our Platform
      1. Through our website and/or our mobile application we provide a Platform that enables persons wishing to acquire ride-share transportation services (Riders) and persons wishing to offer rideshare transportation services (Drivers) to connect and transact. The Platform is a marketplace where Riders and Drivers can find each other, and advertise, buy and sell services online. 
      2. We provide the Platform to users (including hosting and maintaining the Platform), assist Riders and Drivers to form contracts for the supply of services and process payments between Riders and Drivers (together Our Services). 
      3. If you use our Platform and Our Services, you understand and agree that we only make available the Platform and Our Services. We are not party to any agreement entered into between a Rider and a Driver and we have no control over the conduct of Drivers, Riders or any other users of the Platform. 
      4. By accessing and/or using our Platform or Our Services you: 
        1. warrant to us that you have reviewed these Terms and agree to use our Platform and accept Our Services in accordance with these Terms;
        2. warrant to us that you have read our privacy policy (available on our Platform); and
        3. warrant to us that you are at least 18 years old.
      5. We are not a common carrier and we do not provide transportation services or function as a transportation carrier for people or goods.
    5. Conduct we do not accept
      1. When you use our Platform and use Our Services, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything which is prohibited by any laws applicable to our Platform or Our Services, which we would consider inappropriate or dangerous or which might bring us or our Platform or Our Services into disrepute. This includes:
        1. for Drivers, not keeping their vehicle in a clean and tidy condition;
        2. shouting or swearing at a Rider or Driver, as the case may be;
        3. for Riders, closing any of the doors of a Driver’s vehicle with unnecessary force;
        4. for Riders, failing to leave the Driver’s vehicle in the state in which you found it when entering the vehicle. As a Rider, you agree that you will be liable for all reasonable costs of repair and/or replacement should you breach this clause 5(a)4);
        5. entering false information in your Account details;
        6. using our Platform to engage in unlawful conduct (including if you are a Driver to break any road rule or legislative requirement);
        7. using our Platform if you have a communicable disease that could be passed to users of our Platform through your use of services offered under the Platform;
        8. using our Platform to engage in offensive, , discriminatory, intimidatory, abusive or inappropriate conduct, harassment or assault;
        9. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent or seeking to download personal images available on our Platform) or any other legal rights;
        10. using our Platform to defame, harass, threaten, menace or offend any person;
        11. interfering with any user of our Platform;
        12. engaging in fraudulent, deceptive or misleading conduct in respect of your identity or any other matter relevant to the provision of any services or your obligations under these Terms;
        13. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
        14. using our Platform to send unsolicited electronic messages;
        15. if you are a Driver, refusing to make an Offer based on a Rider’s delivery address, ethnicity, race, disability, gender or other ground which constitutes discriminatory behaviour;
        16. touching a Driver or Rider, as the case may be, or a third-party while on a trip, without that party’s explicit consent;
        17. engaging in conduct of a sexual nature or conduct which is flirtatious with a party who is unknown to you;
        18. engaging in conversation with a Rider or Driver, as the case may be, who is unknown to you and which may cause offence to that party, including remarks in respect of that party’s physical appearance or enquiries relating to that party’s personal circumstances, religious beliefs or political opinions;
        19. displaying images or videos to other parties in a vehicle which are pornographic or which contain content which is violent or of a sexual nature;
        20. sharing images or videos on the Platform which are pornographic or which contain content which is violent or of a sexual nature;
        21. make a Review which is false or misleading;
        22. facilitating or assisting a third party to do any of the above acts; or
        23. downloading any information or images available on our Platform unless such information or image is specifically identified as a downloadable item on our Platform.
      2. We may (in our sole discretion) terminate your Account and/or these Terms and ban you from using our Platform if you engage in conduct we do not accept or which we determine (in our sole discretion) is in breach of this clause 5. We may give you a warning prior to moving to terminate your Account.
    6. Your Obligations
      1. If you are a Rider, you agree that:
        1. you are liable for the conduct of any
          1. third party that you invite to share the trip with you or any animal that you take on a trip; and;
          2. any third party for whom you make a Booking Request and who undertakes a trip without you,
            and any loss or damage that results from this conduct.
        2. you will wear a seatbelt at all times whilst on a trip. We will accept no liability for any Liability which arises as a result of your failure to comply with this obligation;
        3. you must be fully vaccinated against COVID-19, save in circumstances where you cannot comply with this obligation:
          1. for medical reasons;
          2. due to age, disability or pregnancy; or 
          3. on another ground recognised at law as providing you with an exemption in this regard;
        4. a Driver may cancel the Booking if you have invited more guests to share your trip than can be lawfully accommodated by the Driver’s vehicle. In this case, the Booking will be considered a Completed Booking and the Trip Fee is not refundable;
        5. you will not have in your possession any gun or knife while on a trip;
        6. you will not make a Booking Request if you are feeling unwell, including if you have symptoms such as a fever, sore throat, or cough or any other symptom that may be indicative of a contagious disease or ailment;
        7. you will comply with all applicable COVID-19 laws and regulations, including those relating to the wearing of masks;
        8. you will notify us of any incident and/or breach of these Terms by another Party which you reasonably believe:
          1. endangers the health and wellbeing of you, a Party or third-party; or
          2. will bring us, Our Services or the Platform into disrepute;
        9. if you suspect that a Driver is driving under the influence of alcohol or a drug, you will terminate the trip and report the incident to us immediately via the Platform. If you feel unsafe for any reason, you may terminate the trip and must report the incident to us immediately via the Platform. Our Platform offers support through various means, including making available an “SOS” button to facilitate the dialling of an emergency helpline (ooo); and
        10. a Driver may refuse you access to the vehicle if you or anyone that you have invited to share the trip with you is intoxicated or is behaving aggressively, or if any animal that you wish to bring on the trip is misbehaving. In these circumstances the trip will be considered a Completed Booking and you will not be eligible for a refund.
      2. If you are Driver, you agree that:
        1. you will not permit anyone other than the Rider and the Rider’s guests to be in the vehicle during the trip;
        2. you will not have in your possession any weapon, including a gun or knife, ammunition, and/or hazardous or toxic material while on a trip;
        3. you may refuse a Rider access to the vehicle if that Rider or anyone that they have invited to share the trip with them is intoxicated or is behaving aggressively, or if any animal that they wish to bring on the trip is misbehaving. In these circumstances the trip will be considered a Completed Booking. You will be required to provide proof of the behaviour outlined in this clause to our satisfaction, failing which you agree that you will not be eligible to receive payment of the Trip Fee in respect of that particular Completed Booking;
        4. you will wear a seatbelt at all times whilst on a trip. We will accept no liability for any Liability which arises as a result of your failure to comply with this obligation;
        5. you will comply with all laws in respect of managing your fatigue. You must not drive if fatigued or if your ability to drive in accordance with all relevant laws is compromised;
        6. you will comply with all of our reasonable requirements as set out in the onboarding material that we provide to you and our policies and procedures as amended from time to time and notified to you;
        7. you will not make an Offer if you are feeling unwell, including if you have symptoms such as a fever, sore throat, or cough or any other symptom that may be indicative of a contagious disease or ailment;
        8. you must be fully vaccinated against COVID-19, save in circumstances where you cannot comply with this obligation:
          1. for medical reasons;
          2. due to age, disability or pregnancy; or 
          3. on another ground recognised at law as providing you with an exemption in this regard;
        9. in the event of an emergency incident, including your vehicle breaking down, a Rider assaulting you or a Rider’s animal attacking you, you will follow the emergency plan provided by us to you and you will report the incident to us (and if appropriate, emergency services) as soon as practicably possible;
        10. under no circumstances will you or your vehicle be insured by us, and you must carry all necessary and relevant insurances as required by law;
        11. you will be in a fit state to drive a vehicle, including not being under the influence of any alcohol or drug;
        12. you will, at all times while the vehicle is in motion, keep a proper lookout;
        13. you will ensure that your vehicle is roadworthy and clean at all times and you will undertake a daily inspection in this regard, displays no commercial branding or advertising of any nature whatsoever and that there are no visible imperfections on the interior or exterior of the vehicle, including dents, marks, scratches or tears in the upholstery;
        14. you will clearly display the logo sticker provided by us to you in your vehicle, such that it is visible to all Riders;
        15. you are responsible for cleaning your vehicle before and after each trip. As far as reasonably practicable, all cleaning products used by you must indicate that the relevant product is effective against the COVID-19 virus;
        16. you will keep a log (Log) of each cleaning undertaken in respect of your vehicle, including of the date and time of each clean, the nature of the cleaning that was undertaken and photographs of the vehicle before and after each clean;
        17. in respect of the Logs:
          1. you will keep a record of each Log from the date of creation of the relevant Log for a period of one year, and each record will be saved on the cloud or on Spot Audit;
          2. each week you will provide us with a copy of the Logs for that week;
          3. on demand, you will provide us with a copy of such Logs as we may request; and
          4. we may inspect and audit your Logs at any time.
        18. you will make hand sanitiser with an alcohol content of at least 60% available in your vehicle to all Riders;
        19. you will comply with all applicable COVID-19 laws and regulations, including those relating to the wearing of masks;
        20. you will not accept a booking request to provide your services to a Rider that is not a Booking Request as contemplated under these Terms. Without derogating from our rights under these Terms, we accept no liability should you transport a third party in your vehicle where such transportation is not pursuant to these Terms;
        21. you will comply with all by-laws, regulations, policies and procedures appliable to a pick-up or drop-off location, as the case may be, and in particular you will comply with any applicable aviation and aviation authority laws, policies, rules and/or regulations and all relevant airport terms and conditions which are applicable when you collect and/or drop-off a Rider at an airport;
        22. we may audit your compliance with these Terms, including by requesting your Logs, photographs of your vehicle and photographs of the display of your logo sticker at any time. Any relevant authority may, in accordance with all applicable laws, audit your compliance with all applicable laws. You agree to supply such information on demand;
        23. you are responsible for your conduct while driving, including all traffic offences committed by you. You agree to notify us immediately if your driver’s licence is revoked or suspended;
        24. you will notify us of any incident and/or breach of these Terms by another Party which you reasonably believe:
          1. endangers the health and wellbeing of you, a Party or third-party; or
          2. will bring us or the Platform into disrepute;
        25. you will only make a wheelchair accessible vehicle available when offering your services under these Terms, and you will only transport Riders who require such a vehicle, if you hold all relevant authorities, certificates and licenses applicable to the operation of such a vehicle;
        26. you will only transport minor children if you have all the necessary equipment required by law to do so and if they are accompanied by an adult; and
        27. you will comply with our Zero Tolerance Policy available at www.snapride.app
    7. Account Registration
      1. You are required to create an account (Account) in order to use our Platform and access Our Services and must be at least 18 years old. A Rider wanting to buy transportation services must create a Rider Account. A Driver wanting to provide services must create a Driver Account. You may only have 1 Account as a Driver and 1 Account as a Rider on the Platform.
      2. If applicable, through your Account we may also allow you to set up accounts for your Personnel to access and use the Platform (Authorised User Accounts). You are liable for the conduct of your Authorised Users as if it was your own. If the Authorised Users are Drivers:
        1. you agree to provide us with such documentation and information in respect of that Driver as set out on the Platform or as requested by us, including a copy of a photograph of the Driver as specified by us and the Driver’s car registration number, within 3 days of you registering that Driver as an Authorised User and creating an Authorised User Account. You agree that it is your responsibility to ascertain what documentation is required as anticipated herein, prior to creating an Authorised User Account. If you do not provide us with information we reasonably request and/or require as set out herein, we may refuse to create the relevant Authorised User Account; and
        2. we may accept or decline to register an Authorised User as a Driver, in accordance with this clause 7. The Authorised User will be subject to these Terms, and you will be at all times responsible for the Authorised User’s compliance with these Terms.
      3. To create a Rider Account, you will be required to enter your name, gender, phone number, email address, contact address, credit card details and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
      4. You may also register for a Rider Account using your Google, Apple or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information such as your name, gender, age and contact details.
      5. To create a Driver Account, you must hold a valid driver’s license in all relevant States and/or Territories. You will be required to enter your name, gender, phone number, contact address, payment details, licence details, car registration number, car make, car seating capacity, car age, ABN, ACN (if applicable), GST registration, email address and you may also be asked to choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. 
      6. When you create a Driver Account, we will review your request for a Driver Account and conduct a verification check (see clause 12) before approving the request. We may request additional information. You agree to provide us with such documentation and information as we may request. You must provide us with a copy of a photograph of you as specified by us and your car registration number, within 3 days of you creating a Driver Account. You agree that it is your responsibility to ascertain what documentation is required as anticipated herein, prior to creating a Driver Account. You agree to provide us with information that is accurate, complete and correct. If you do not provide us with information we reasonably request or in a form that is acceptable to us, we may refuse to create a Driver Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with a Driver Account and/or cannot satisfy our verification check (clause 12), we may refuse to provide you with a Driver Account, in our sole discretion. Subject to the foregoing, after we notify you that we approve your request to register a Driver Account, you will be entitled to use our Platform as a Driver.
      7. Once you have registered an Account either as a Rider or Driver, your Account information will be used to create a profile which you may then curate and you will be given access to Our Services.
      8. You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our privacy policy. You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
      9. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including (without limitation):
        1. if you have a Rider Account, purchases made by a third party using your account details; and
        2. if you have a Driver Account, sales any third party organises or provides through your Driver Account.
          You agree to immediately notify us of any unauthorised use of your Account.
      10. Your Account is personal and you must not transfer it to others, except with our written permission.
      11. We are not responsible for the management or administration of your Account or your Authorised Users.
      12. Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Once you cancel your Account, we will send you an email to confirm cancellation before we remove your Account from the Platform.
    8. How does our Platform work?
      1. Once a Rider Account is created, a Rider may request us to connect them with a Driver on our Platform by sending a request through the Platform of the transportation services they require (Booking Request). The Rider must complete all sections of the Booking Request indicated as mandatory on our Platform. A Booking Request must be within the service area listed on our Platform. A Booking Request is an offer from the Rider to buy the services described in the request.
      2. Through our Platform, we will connect authorised Drivers to Booking Requests.
      3. If a Driver wishes to provide services to a Rider in accordance with a Booking Request, the Driver will make an offer to the Rider through the Platform detailing the nature of the services to be provided (being the trip route) and the cost for the services (Offer). By making an Offer, the Driver confirms and warrants that:
        1. you are legally entitled to and capable of supplying the services described in the Offer;
        2. your vehicle complies with and meets the relevant standards, legal requirements, certifications and policies set by the department of transport in your state and the transport department in the state/s where you will be driving the vehicle; and
        3. that the total fee for the trip route will be the Trip Fee less any fees and charges payable to us or tolls.
      4. We use a third party to provide to us an estimate of the cost of the tolls along the trip route. The Rider confirms and agrees that:
        1. the amount included in the Trip Fee in respect of tolls is based on the information provided to us by a third party, and may not be accurate. We make no warranty or representation as to the accuracy of such toll amount;
        2. we will not be liable for the inaccuracy of any amount charged in respect of tolls; and
        3. tolls will be included in the Trip Fee and the Rider is responsible for payment of all tolls and like charges for the trip route. Riders may not make cash payments in respect of tolls.
          Nothing in this clause limit your rights under the Australian Consumer Law.
      5. Certain aviation authorities charge us certain fees in respect of a trip to or from an airport (Airport Charges). The Rider is responsible for the payment all Airport Charges payable in respect of the Trip which will be included in the Trip Fee. If the Driver is obliged to pay Airport Charges on reaching or leaving the airport, the Driver must provide us with the receipt in respect of these Airport Charges paid by the Driver and not reimbursed through the Trip Fee as set out on the Platform within 5 days of the Airport Charges being incurred and subject to our reasonable verification of the Airport Charges being paid, and we will reimburse the Driver for such Airport Charges after deduction of our Service Fee and within 14 days of us receiving the Trip Fee. 
      6. Please note that if trip times are indicated on our Platform in the Offer, any time frames displayed on our Platform are estimates only and neither the Driver nor us make any timing guarantee in an Offer.
      7. Once an Offer is made, the Rider can then accept or reject the Offer (Booking). If the Rider accepts an Offer through the Platform, it becomes a Booking and the relevant fees set out in the Offer, including tolls, Airport Charges, surcharges and other charges set out in these Terms (Trip Fee) are non-refundable subject to clause 11 of these Terms. 
      8. A Booking becomes a Completed Booking at the time that the Driver has completed the trip route listed in the Offer and delivered the Rider to the delivery address nominated in the Offer via our Platform. Once the trip, the subject of a Booking has commenced, it must not be varied, however, the Rider can make another Booking Request.
      9. We may (in our sole discretion) make access to and use of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services and threshold of reviews.
      10. A Driver will only be permitted to make Offers for 12 hours, after their initial login to the Platform, in a 22-hour period. This period of time may be amended by us in accordance with these Terms.
    9.  Communication
      1. We may contact you via the Platform using in-Account notifications, push notifications or via off-Platform communication channels, such as chat, text message, phone or email.
      2. Riders and Drivers must not use the contact details to organise the provision of the services off the Platform or to communicate with each other for a purpose other than the purpose provided by the Platform.
    10. Payment
      1. To register as a Rider or Driver on our Platform, you are required to include your payment method in your Account. We provide a payment method on the Platform (Stripe). This payment method may be subject to additional terms and conditions imposed by the applicable third-party payment processor. By making payment through a third-party payment processor, you accept the applicable terms and conditions.
      2. In consideration for providing the Platform, we will charge you, the Driver, the service fees as set out on the Platform, which will include the third-party fees charged to us in respect of the determination by a third party of the costs of tolls along a trip route in respect of each Booking and tolls (Service Fee). To the extent permitted by law, our Service Fee is non-refundable and will be included in the Trip Fee.
      3. It is free for Riders to make Booking Requests.
      4. If you are a Rider and your conduct, or the conduct of any third party you invite to take a trip with you, necessitates, in a Driver’s reasonable opinion, the repair or cleaning of a Driver’s vehicle (other than in the normal course) (Damage Repair Costs), we will deduct from your account such reasonable amount as reasonably determined by the Driver (including any third-party payment processing fees) as is necessary to cover the Damage Repair Costs, up to an amount of $100.00. We will advise you (the Rider) via the Platform within 24 hours of your Trip and prior to us making any payment deduction if Damage Repair Costs apply to your Trip and the amount of the charge. You hereby authorise us to deduct such amount as anticipated herein.  Should the Damage Repair Costs exceed $100.00, the Driver may seek to recover such additional amount from you in accordance with the relevant laws. The Damage Repair Costs will be held by Stripe for a period of 7 days (subject to the Damage Repair Costs being disputed) and will then be paid to the Driver, less any third-party payment processing fees. If you dispute either the basis upon which the Damage Repair Costs are charged or the amount of the Damage Repair Costs, you may dispute the Damage Repair Costs with Stripe or us within 3 days of the Damage Repair Costs being deducted from your account. Notwithstanding anything to the contrary herein, the Damage Repair Costs will be held by Stripe as a pending payment in accordance with any terms applicable to Stripe or your bank or credit provider, pending determination of the dispute. You agree that our or Stripe’s, as the case may be, determination of the dispute will be final and binding.
      5. If you are a Driver and it is determined by us, at our sole discretion, that you have acted dishonestly, negligently or unlawfully in respect of the Damage Repair Costs, we may take such action against you as we see fit, including terminating these Terms, suspending your Account or instituting criminal and/or civil proceedings against you. 
      6. As a Rider, when you accept an Offer and make a Booking, you agree to pay us (as a payment collection agent for the Driver), the relevant fees set out in the Offer (Trip Fee). Your payment method in your Rider Account will be debited the Trip Fee and the payment processed at the time you make the Booking (for the avoidance of doubt, this is before the Booking becomes a Completed Booking). Subject to our refund policy in clause 11 of these Terms, payment of the Trip Fee is non-refundable.
      7. Upon receipt of the Trip Fee from the Rider, we will hold the Trip Fee on behalf of the Driver until such time as they are paid to the Driver in accordance with these Terms, refunded to the Rider (if the Rider is entitled to a refund in accordance with clause 11 of these Terms) or paid to us as our Service Fee. 
      8. If you are a Driver, you appoint us as your limited payment collection agent solely for the purpose of accepting the Trip Fee from the relevant Rider. You agree that we will not be required to pay you any amount until we have received the Trip Fee from the relevant Rider, that we will deduct our Service Fee from any Trip Fee we receive and that we may grant refunds to Riders in accordance with these Terms. Upon a Completed Booking, we will pay the Trip Fee on behalf of the Rider to the Driver after deduction of our Service Fee and within 14 days of us receiving the Trip Fee.
      9. We may from time-to-time issue promotional discount codes for the Platform. We will advise Drivers and Riders of promotional discount codes before they apply via the Platform. To claim the discount as a Rider, you must enter the promotional discount code at the time of submitting your Booking Request through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued. Promotional discount codes are: (1) not transferable; (2) not redeemable for cash; (3) may only be used while they are valid; and (4) must not be used in conjunction with any other promotional offers. As a Driver, you acknowledge and agree that a discount as provided for in this clause will result in a lower Trip Fee being charged to the Rider and being paid to you, and that you will not refuse to make an Offer to a Rider due to that Rider making use of a promotional discount code advertised on our Platform. We may, at our sole discretion, reduce our Service Fee in the event that a Rider makes use of a promotional discount code, in which case we will advise you (a Driver) via the Platform.  
      10. We may from time to time offer certain incentives to Drivers as set out on the Platform or as notified in writing to the Drivers. The offering of such incentives by us is at our absolute discretion. These incentives may be subject to additional terms and conditions and to claim the incentive as a Driver, you must comply with the incentive terms as advertised.
      11. We may from time to time make other offers to you in relation to the Platform from time to time, as set out on the Platform. These offers are made by us at our sole discretion and may be amended on, or removed from, the Platform, at our sole discretion. These offers may be subject to additional terms and conditions and to claim the offer as a Driver or Rider, you must comply with the offer terms as advertised.
      12. Subject to clause 11, in the absence of fraud or mistake, all payments made are final. If you make a payment by a payment method, you warrant that the information you provide to us is true and complete, that you are authorised to use the payment method to make the payment, that your payment will be honoured by the provider, and that you will maintain sufficient funds in your account to cover the payment.
      13. If any payment has not been made in accordance with this clause, we may (at our absolute discretion) (1) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.
        Tips
      14. Where you are a Driver, you may receive monetary tips from Riders through the Platform (Tips). All Tips will be paid to you when we pay you the relevant Trip Fee, less such other amounts as are owing to us by you and less any relevant third-party payment processing fees. We make no representations regarding the availability of Driver Tips as Tips are in the sole discretion of Riders.
    11. Refunds and Cancellation Policy
      1. If you use our Platform, you agree to deal with the cancellation, variation or refund of any services ordered on this Platform in accordance with this clause 11. 
      2. The cancellation, variation or refund of any services ordered on this Platform is a matter between the relevant Rider and Driver, unless clause 11(c) applies.
      3. If:
          1. a Driver arrives at the Rider’s location outlined in the Booking and the Rider is not at the pick-up location after 5 minutes of the Rider being notified of the Driver’s arrival and following reasonable attempts (which we in our sole discretion will assess) by a Driver to contact a Rider for the Rider to fulfil the Booking, the Booking may be considered a Completed Booking by the Driver and the Rider will not be entitled to a refund of the Trip Fee;  
          2. after 5 minutes of the time indicated on the Platform that the Driver is to arrive at the pick-up location and following reasonable attempts (which we in our sole discretion will assess) by a Rider to contact a Driver for the Driver to fulfil the Booking, the Booking is cancelled by the Rider, or if a Rider ends a trip pursuant to clause 6(a)9), or if a Driver is unable to complete the trip because the vehicle breaks down, we will return the Trip Fee to the Rider if it has been paid; 
          3. a Rider has made a Booking, has not commenced the trip, and has cancelled the Booking, the Rider will be charged a rider cancellation fee of $10.00 (Rider Cancellation Fee); or
          4. a Driver cancels a trip after a Booking has been made, the Driver will be charged a cancellation fee of $10.00 (Driver Cancellation Fee) which will be deducted from the Trips Fees we pay you on behalf of the Riders.
      4. If clause 11(c)3) applies, we will pass half of the Rider Cancellation Fee onto the Driver minus any Service Fee (including any third-party payment processing fees).
      5. Notwithstanding anything to the contrary contained in clause 11(c), we reserve the right, at out sole discretion, to waive the payment of any of the fees set out in clause 11(c).
      6. For disputes between Riders and Drivers, the Parties may resolve the dispute in accordance with applicable laws of the relevant jurisdiction. 
      7. More information in respect of this clause 11 may be found on our website at www.snapride.app 
      8. Nothing in this clause limit your rights under the Australian Consumer Law.
    12. Identify verification
      1. If we conduct identity verification or background checks on any Driver, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Driver or guarantee that a Driver will not engage in misconduct in the future. Any verification of Drivers on the Platform is not an endorsement or recommendation that the Driver is trustworthy or suitable.
      2. As a Driver, we will require that you verify your identity using a third-party verification service (Third Party ID Service) before you are able to be listed as a Driver. As a Driver, you acknowledge and agree that:
        1. we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and
        2. Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.
      3. As a Rider, you acknowledge and agree that:
        1. the Identity Check may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and
        2. you should not rely on the Identity Checks and you should make your own inquiries as to the Platform
    13. Driver license, insurance and vehicle requirements and Driver Conduct
      1. License and insurance: As a Driver, we may request that you provide evidence of any licence or insurance you are required to hold by law. Where we do so, we are not confirming that the licence or insurance you have is sufficient or suitable for the services you choose to provide to Riders. If we do not ask you to provide evidence of licence or insurance this does not indicate that we believe you do not require the licence or insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the licences and insurances you require and we make no warranty to you or Riders in this respect.
      2. Vehicle: As a Driver, your vehicle must satisfy the legal requirements and certifications of the transport department in the state/s where you will be driving the vehicle. If we accept you as Driver this does not indicate that we have checked your vehicle. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the suitability of your vehicle to provide the services and we make no warranty to you or Riders in this respect. We reserve the right to prescribe which vehicles may be used by Drivers for purposes of providing their services under these Terms.
      3. Driver Conduct: As a Driver, you must comply with all applicable laws in relation to the transportation of people, and in particular the transportation of people with disabilities and minor children, including in so far as these relate to the transportation of assistance animals and specialised equipment. You may enquire of a Rider whether an animal is an assistance animal and whether they are trained to meet appropriate levels of hygiene and behaviour, and you may ask a Rider to provide proof in this regard.
    14. Reviews
      1. Drivers may review their experience with Riders on the Platform, and Riders may review their experience with Drivers on the Platform, including the services provided by Drivers (each a Review).
      2. Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
      3. If you wish to make a Review, you agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
      4. You can write a Review about a Driver if you have had an experience with that Driver, which means that (1) you have engaged the Driver through the Platform; or (2) you can otherwise document your interaction with the Driver in relation to the Platform, including via correspondence (collectively referred to as a Rider Experience).
      5. You can write a Review about a Rider if you have had an experience with that Rider, which means that (1) you have been engaged by the Rider through the Platform; or (2) you can otherwise document your interaction with the Rider in relation to the Platform, including via correspondence (collectively referred to as a Driver Experience).
      6. You may not write a review about a Rider or a Driver who is yourself, an immediate family member, a friend, someone you employee or work for or someone whom you are a direct competitor to. 
      7. You may not write a review about a Rider or Driver if you have been offered an incentive by Rider or Driver to write a Review. Incentives include the Rider or Driver offering you a gift, reward, discount or advantage for writing a Review about the Rider or Driver on the Platform. 
      8. Your Rider Experience or Driver Experience must have occurred in the 1 month prior to you writing a Review. 
      9. You may only write about your own Rider Experience or Driver Experience. You are not permitted to write a Review about somebody else’s Rider Experience or Driver Experience, such as that of a family member or friend.
      10. You are encouraged to be specific and factual in your Reviews. 
      11. You may not write a Review if that Review is prohibited by any laws applicable to our Platform or Our Services and your Review must comply with our Content rules in clause 15 of these Terms.
      12. Each Review will contribute to your rating (Rating). Your Rating will be measured against a certain threshold as determined by us in our sole discretion.
    15. Content
      1. We may allow you (and your Personnel or Authorised Users) to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Our Content and together with User Content, Content).
      2. Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in the Content. Your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
      3. You (and your Personnel or Authorised Users) must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content designated as paid, exclusive or non-shareable content to any third party; or (3) breach any Intellectual Property Rights connected with the Content, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
      4. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download, access and view any Content solely for your personal use, in accordance with these Terms.  All other uses are prohibited without our prior written consent.
      5. You (and your Personnel or Authorised Users) grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
      6. You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
      7. Despite anything to the contrary, to the maximum extent permitted by law, you (and your Personnel or Authorised Users) agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach. 
      8. The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
      9. This clause will survive the termination or expiry of these Terms.
    16. Intellectual Property
      1. All Intellectual Property developed, adapted, modified or created by us or our Personnel in connection with the Platform, the Content, the Terms and Our Services, will at all times vest, or remain vested, in us.
      2. Subject to your compliance with these Terms, we grant you (and if applicable, your Personnel or Authorised Users) a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and Our Services solely for your personal use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
      3. You (and your Personnel or Authorised Users) must not, without our prior written consent:
        1. copy or use, in whole or in part, any of our Intellectual Property; 
        2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party; or
        3. breach any Intellectual Property Rights connected with our Platform, Our Services or the Content, including (without limitation) altering or modifying any of our Intellectual Property; causing any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property.
      4. This clause will survive expiry or termination of these Terms.
    17. Warranties and Indemnities
      1. By accessing and/or using our Platform or Our Services you (and, if applicable, your Personnel or Authorised Users) represent, warrant and agree that:
        1. you will not use our Platform or our Services, including the Content, in any way that competes with our business;
        2. there are no legal restrictions preventing you from entering into these Terms; 
        3. you will at all times comply with these Terms; 
        4. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  
        5. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether Our Services or the Platform or the Content is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
        6. we do not make any representations or warranties in relation to the services offered by Drivers through our Platform;
        7. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform; 
        8. where you are a Driver, you are responsible for complying with all laws, rules and regulations which apply to providing your services in an Offer and you are appropriately licensed and your vehicle appropriately registered and maintained, and you have the required skills, knowledge and training, to provide the services in your Offers; 
        9. where you are a Driver, you must decline a Booking Request if you believe the Rider making the Booking Request  is under 18 years old and when picking up a Rider, if you believe the Rider is under 18 years old, you may request they provide a driver’s license or ID card for confirmation and if a Rider is under 18 years of age, you must not start the trip, the subject of the Booking, or allow the Rider to ride; and
        10. where you are a Driver, you are solely responsible for determining which Bookings to accept, the type, timing, manner and means, methods or processes of providing your services (subject to you complying with the Offer details listed on our Platform). You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your services.
        11. where you are a Driver, on registering an Account and at all times during the currency of these Terms, you warrant that you and/or your Authorised Users are authorised in accordance with all applicable laws as an On-Demand Booking Service, or the equivalent, as applicable, in accordance with the applicable laws in your state or territory, and that you will at all relevant times hold all necessary authorities, licenses and/or permissions in respect thereof; 
        12. you have made your Authorised Users aware of these Terms and your Authorised Users agree to be bound by these Terms; and
        13. you and your Personnel/Authorised Users will at all times comply, and be compliant with, all applicable laws, including, but not limited to:
          1. the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW);
          2. the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW);
          3. the Commercial Passenger Vehicle Industry Act 2017 (Vic);
          4. the Commercial Passenger Vehicle Industry Regulations 2018I (Vic);
          5. the Transport Operations (Passenger Transport) Act 1994 (Qld);
          6. the Transport Operations (Passenger Transport) Regulation 2018 (Qld);
          7. the Transport Operations (Passenger Transport) Standard 2010 (Qld);
          8. the Commercial Passenger (Road) Transport Act 1991 (NT);
          9. the Commercial Passenger (Miscellaneous) Regulations 1992 (NT);
          10. the Ridesharing Regulations 2017 (NT)
          11. the Vehicle and Traffic Act 1999 (Tas);
          12. the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 (Tas);
          13. the Passenger Transport Services Act 2011 (Tas);
          14. the Transport (Road Passenger Services) Act 2018 (WA);
          15. the Transport (Road Passenger Services) Regulation 2019 (WA);
          16. the Passenger Transport Act 1994 (SA);
          17. the Passenger Transport Regulations 2009 (SA);
          18. the Road Transport (Public Passenger Services) Act 2001 (ACT); and
          19. the Road Transport (Public Passenger Services) Regulation 2002 (ACT)
      2. You agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
        1. as a Driver, any breach of clause 17(a)11) and 17(a)13); 
        2. you or any of your Personnel or Authorised Users infringing the rights of any third party (including Intellectual Property Rights); and/or
        3. any breach by your Authorised Users of these Terms.
      3. This clause will survive expiry or termination of these Terms.
    18. Australian Consumer Law
      1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights). 
      2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  
      3. As a Rider, the services provided by a Driver may also confer on you certain rights under the ACL.
      4. This clause will survive the termination or expiry of these Terms.
    19. No warranties given
      1. To the maximum extent permitted by law and subject to our obligations under the Australian Consumer Law, we do not make any representations or warranties in relation to the Platform, Our Services or the Content unless expressly included in these Terms including (without limitation):
        1. whether the Platform is or will be available or fit or suitable for your particular purposes;
        2. that our Platform is complete, accurate, reliable, up-to-date and suitable for any particular purpose; 
        3. that access to our Platform will be uninterrupted, error-free or free from viruses; or
        4. that our Platform will be secure.
      2. To the maximum extent permitted by law and subject to our obligations under the Australian Consumer Law, we do not make any representations or warranties in relation to the services offered by Drivers through our Platform as we provide a marketplace only and have no control over the conduct of Drivers, Riders or any other users of the Platform.
      3. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and Our Services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis. You use and act on our Platform and Our Services at your own risk.
    20. Data and Data Recovery
      1. You represent, warrant and agree that:
        1. we are not responsible for the integrity or existence of any data on the Platform, network or any device controlled by you or your Personnel; and
        2. we assume no responsibility or Liability for Your Data. You are solely responsible for Your Data and the consequences of using, disclosing, storing or transmitting it. It is your responsibility to backup Your Data.
    21. Exclusions to liability
      1. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
        1. your or your Personnel’s acts or omissions;  
        2. your failure to comply with these Terms;
        3. the use or results of any Third-Party ID Service or Identity Check;
        4. any use or application of our Platform or Our Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;  
        5. any aspect of the Rider and Driver interaction including the services offered by the Driver, the description of the services requested or offered, any services provided, the performance of services by the Driver;
        6. any works, services, goods, materials or items which do not form part of Our Services (as expressed in these Terms), or which have not been provided by us;  
        7. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by, including but not limited to, any issue with a Rider’s payment method including in relation to the third party payment provider rejecting payment;
        8. Our Services being unavailable, or any delay in us providing Our Services to you, for whatever reason; and/or
        9. any event outside of our reasonable control.
      2. You acknowledge and agree that you are responsible for all users under your control (whether direct or indirect) using Our Services, including your Personnel and your Authorised Users.
      3. This clause will survive the termination or expiry of these Terms.
    22. Limitations on liability
      1. Despite anything to the contrary, to the maximum extent permitted by law:
        1. neither Party will be liable for Consequential Loss;
        2. a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or if applicable, any of your Personnel or Authorised Users); and
        3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying Our Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid to us in respect of the supply of Our Services to which the Liability relates, or where there are no Service Fees paid, $50.
      2. This clause will survive the termination or expiry of these Terms.
    23. Termination
      1. Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) or by approaching us at our designated contact details in your Account page section of your Account settings.
      2. We may terminate these Terms at any time by giving 5 days’ written notice to you, or, in the event that we no longer hold the relevant authorities, permissions or licenses to operate the Platform, we may terminate these Terms with immediate effect (Termination for Convenience). We will communicate any Termination for Convenience to you via post, email, on the Platform or using such other methods of communication as we see fit, including via social or public media.
      3. Termination for Cause: We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
        1. you (or any of your Personnel or Authorised Users) breach any provision of these Terms and that breach has not been remedied within 1 business day of being notified by us;
        2. you (or any of your Personnel or Authorised Users) breach our rules in clauses 5 and 6;
        3. at our discretion, we deem it necessary to do so having regard to the safety of other users of our Platform;
        4. your Rating falls below a certain threshold as determined by us in our sole discretion. We may, in our sole discretion, remove the suspension if you undertake certain remedial action as advised by us; 
        5. there is any reason outside our control which has the effect of compromising our ability to provide the Platform or Our Services; 
        6. you (or any of your Personnel or Authorised Users) are unable to pay your debts as they fall due; or
        7. you breach our Zero Tolerance Policy.
      4. Upon expiry or termination of these Terms:
        1. we will remove your access to the Platform;
        2. we will immediately cease providing Our Services to you;
        3. any payments made by you to us are not refundable to you;
        4. where you are a Rider, for existing Bookings that are not a Completed Booking:
          1. if you have not started the trip, we will cancel the Booking and we will refund any Trip Fee paid (minus any applicable Service Fees, cancellation charges and/or third-party payment processing fees);
          2. if you have started the trip, we will not cancel the Booking and you must pay the Trip Fee;
        5. where you are a Driver, for existing Bookings that are not a Completed Booking:
          1. if you have not started the trip, we will cancel the Booking and you will lose any Trip Fee for the Booking;
          2. if you have started the trip, we will not cancel the Booking, the Trip Fee will be payable by the Rider and we will pay you in accordance with clause 10;
        6. where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.
      5. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
      6. This clause will survive the termination or expiry of these Terms.
    24. Complaint Management
      1. In relation to a dispute, complaint, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Rider and us, or a Driver and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. 
      2. You must inform us of any Dispute within 5 days of the cause of the complaint or Dispute arising.
      3. The Parties will use their best endeavours to meet as provided for in clause 24(a) within 10 days of being notified of the Dispute.
      4. If the Parties cannot agree how to resolve the Dispute at the initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the law society or equivalent regulatory body in the relevant state or territory to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.  
      5.  The Parties will use their best endeavours to resolve the Dispute within 1 month the one Party notifying the other of the Dispute. 
      6. This clause will survive termination or expiry of these Terms.
    25. Lost and Found Property and Condition of Lost and Found Property
      1. We recommend that you (a Rider) take care to manage your belongings in any Trip.
      2. A Driver must report any items left in the vehicle by a Rider once a Booking is a Completed Booking (Lost Property) within 2 hours of becoming aware of the Lost Property.
      3. A Rider may notify us of their Lost Property by providing such details as may be requested on the Platform.
      4. Without any obligation or commitment by us, we will take such steps as are reasonably practicable (as determined by us) in the circumstances to return the Lost Property to the Rider with the support of our customer service team and the Driver. As a Rider, in the event that the Lost Property is not returned to your possession for any reason, you agree that we or a Driver may place the Lost Property in the custody and control of the nearest police station with a brief description of you and the circumstances under which the Lost Property was lost and found by the Driver. 
      5. Despite anything to the contrary contained in these Terms, we will accept no responsibility for, or liability in respect of, your Lost Property whatsoever.
    26. Collection Notice
      1. We collect personal information about you in order to enable you to access and use our Platform, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our privacy policy.
      2. We may disclose that information to third party service providers who help us deliver our services (including our delivery partners and employees, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 
      3. Our privacy policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 
      4. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our privacy policy.
    27. Notice regarding Apple
      1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
      2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 
      3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
      4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
      5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 
      6. You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service. 
      7. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
      8. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
    28. Third party usage rules
      1. If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
      2. We may use Google Maps/Earth mapping services, including, but not limited to, Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
      3. The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third-party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
    29. General
      1. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
      2. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
      3. Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
      4. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
      5. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
      6. Photographs: If you provide us with photographs via your Account, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on our Platform and social media.
      7. Governing law: These Terms governed by the laws of the jurisdiction in which the cause of action arose.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the relevant jurisdiction and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  
      8. Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
      9. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
      10. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
    30. Definitions

      Authorised User, if applicable, means a user permitted to access and use Our Services under your Account.

      Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

      Content, Our Content and User Content has the meaning given in clause 15.

      Identity Check and Third Party ID Service has the meaning given in clause 12.

      Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

      Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property. 

      Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

      Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

      On-Demand Booking Service means a provider who takes or communicates passenger requests for an on-demand trip and connects, or facilitates the connection of, the passenger with a vehicle and driver; or a driver who makes arrangements directly with the passenger for an on-demand trip.

      Our means Snap Ride Pty Ltd ABN 89 651 866 376.

      Our Services has the meaning given in clause 4.

      Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.

      Platform has the meaning given in clause 4.

      Review, Rider Experience and Driver Experience have the meaning given in clause 14.

      Service Fee has the meaning given in clause 10.

      Statutory Rights has the meaning given in clause 18.

      Terms means these terms.

      Trip Fee has the meaning given in clause 8.

      You has the meaning given in clause 1(a).

      Your Data means the information, materials, logos, documents and other Intellectual Property or data inputted by you, your Personnel into the Platform or stored by or generated by your use of Our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with these Terms. Your Data does not include any data or information that is generated as a result of your usage of Our Services that is a back-end or internal output or an output otherwise generally not available to users of Our Services.

    31. Contact us

      For any questions or notices, please contact us at:

      Snap Ride Pty Ltd ABN 89 651 866 376

      Email:  support@snapride.net.au

      Last update: 14 July 2022

      © LegalVision ILP Pty Ltd

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