RideBoom (Rideboom Technologies Pty Ltd.) or “We” or “Us” or “Our”) is an international technology service platform. ACN – 612 871 888, Email – email@example.com.
The Company owns the RideBoom App which matches request of registered passengers to professional drivers.
For the avoidance of doubt, the Company (Rideboom Technologies Pty Ltd) neither owns vehicles nor does employ any drivers. RideBoom is not a transportation company.
RideBoom is a technology Company providing a platform which creates a bridge between RideBoom registered passengers and drivers.
means a person who has signed up and is registered with the RideBoom for the use of the Service.
means the person who is registered with the RideBoom as Driver for the purpose of providing transportation services to the Service Users using the RideBoom App
means a vehicle that is owned and commercially licensed for use by a Driver to provide the ride to the Service User.
means a Vehicle (as defined above) that has a regulated fare meter installed.
means a Vehicle (as defined above) that does not have a regulated fare meter installed.
means the use of the Application to secure collection, travel and set down at a given destination nominated by the Service User to a Driver and vehicle dispatched by the Application.
is the food and courier service where driver pick up the food delivery in bags from restaurants and other food outlets, small parcels and deliver to customer door.
is the vehicle fitted with wheelchair access and able to carry passengers who got wheel chair.
CHILDREN BELOW 18 YEARS OF AGE
A RideBoom Service User and Driver conditions specifies that children below the age of 18 years are strictly not eligible for applying for service registration nor can they be lawfully registered as a Driver. The registration is not directed towards children under 18, they are not allowed to register with us, or provide personal data. Persons of all age are eligible to use the services provided by our drivers.
We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a child under 18, we will delete that information immediately.
SPECIFIC TERMS AND CONDITIONS FOR DRIVERS
The Terms and Conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between the Driver and Rideboom Technologies Pty Ltd. (The “Company” or “RideBoom” or “We”, “Us”, “our” or “Our”).
In order to use the Service and the Application the Driver hereby agrees to the Agreement, Terms and Conditions and the General Condition of Contract contained herein.
By using or receiving the Service and downloading, installing and using the App the Driver, hereby, expressly acknowledges and agrees to be bound by the Agreement, Terms and Conditions and general conditions of the Contract , and any future amendments and additions to the Agreement as published and updated from time to time at RideBoom website (https://www.rideboom.com).
The Driver warrants that the information provided to RideBoom is accurate and complete. RideBoom is entitled at all times to verify the information that the Driver has provided, and to refuse the Service, and withdraw use of the Application without providing reasons.
The Driver may only access the Service using authorized means. It is the Driver’s responsibility to check to ensure that the Driver has downloaded the correct Application to match their device. RideBoom is not liable if the Driver does not have a compatible mobile device, or if the Driver has downloaded the wrong version of the Application for its mobile device.
RideBoom reserves the right to terminate the Service and the use of the Application, should the Driver be using the Service or Application with an incompatible or unauthorized device.
By using the RideBoom App, you (the Driver) further agree that:
You will only use the Service or download the Application for your sole and personal use and will not resell it to a third party;
You will not authorize others to use your account;
You will not assign, or otherwise transfer your account to any other person or legal or illegal entity;
You will not use an account that is subject to any rights of a person or entity other than you without appropriate authorization;
You will not use the Service or Application for unlawful purposes, including but not limited to, sending or storing any unlawful material or for fraudulent purposes;
You will not impair the proper operation of the software, delivery platform or the network;
You will refrain from doing anything which the Company reasonably believe to be disreputable or capable of damaging Company reputation;
You will not try to harm the Service or Application in any way whatsoever;
You will not modify, copy, or distribute the Application, or other RideBoom content, without written permission from RideBoom;
You will keep secure and confidential your account password, or any identification we provide to you which allows access to the Service and the Application;
You will provide us with whatever proof of identity we may reasonably request;
You will not download (other than page caching) or modify the website and/or the App, or any part of it, except with the express prior written consent of RideBoom;
You will not use the Website site and/or the App or any part of it for any resale or commercial use of the services on offer or its contents, except with the express written consent of RideBoom;
You do not have any rights to any collection and use of any product listings, descriptions or prices;
You will not use any data mining robots or other data gathering/extraction tools;
You will not attempt or assist anyone to attempt to reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, sub-license, make available to the public, create any derivative works, distribute, commercially exploit, transmit or otherwise use the Website and/or the App , or any part of them, in any way;
You will comply with all applicable laws of your home nation, the country, state and city in which you are present while using the Application or Service.
You will not collude with the Service User, other Drivers to defraud Company of its ride income by attempting to by-pass payment systems and dealing in cash transactions. The Driver’s direct clients and Taxi Service Users are exempted.
RideBoom may immediately terminate the Agreement or any Services with respect to the Driver, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason;
RideBoom reserves the right to modify the Agreement and its Terms and Conditions and its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application or in its website;
Driver is responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute the Service User’s consent to such changes;
RideBoom does not operate any vehicles, and is not a transportation carrier. It is the responsibility of the third party transportation providers, drivers or vehicle operators to provide the transportation services requested by the Service User using the RideBoom App. RideBoom takes no responsibility or liability for providing the transportation services. RideBoom offers information and methods to obtain such third party transportation services and facilitates payments;
You have read these Terms and Conditions and the General terms and Conditions carefully before downloading the application and/or using the Service;
You will compensate and defend the Company fully against any claims or legal proceedings brought against the Company by any other person as a result of Driver’s breach of these Terms.
DRIVER’S USE OF RIDEBOOM APP
You can only use RideBoom App if you are a commercial licensed driver or the owner of a licensed vehicle or allowed by RideBoom into its network of drivers permitted to use its dispatch and billing platform. Once allowed you are termed a “RideBoom Permitted Driver” or “RBPD”
Once a RBPD, when you are engaged by passengers using the RideBoom app and platform, you agree that you will at all times drive passengers securely, safely and efficiently to their nominated destinations and will conduct yourself with integrity, honesty, and civility.
Further you will observe and deal with Service Users in accordance with the pricing, Terms and Conditions, ethical and safety standards made known to you from time to time by RideBoom.
You covenant and agree to be bound by and will comply with such standards and will do all things to ensure that RideBoom’s reputation is held in high honor and respect.
We reserve the right to refuse your use of RideBoom in any form and at any time (at our sole discretion) where:
We have reason to believe that you hold criminal record.
You have not provided the required information and documents for registration with us;
You do not have a RB approved vehicle.
You have not been truthful and straightforward in your dealings with us or in the provision of information and evidence of compliance;
Your behavior and reported driving standards are likely to or have brought RideBoom into disrepute. If such is the case, we will immediately remove you from being an RBPD and from using the RideBoom system and all compensation to you will be suspended pending investigation by RideBoom’s internal investigators. During the internal investigation process, you will not be able to use the RideBoom App and any incentive payments stated in “Fees and Incentive Payments to Drivers” section, payable to you will also be suspended. If you are found guilty, we will terminate your services immediately at our discretion.
You promise and agree that all information and details provided by you to us (including, that provided on registration by you) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details, at any time, via the RideBoom application. However, in the event of changes to regulatory details and requirements, such as vehicle registration, criminal offences, or other serious matters that affect your standing as an RPBD, you need to contact RideBoom and re-submit appropriate documents and wait revalidation by RideBoom of your status as a compliant RBPD or otherwise.
Your use of the RideBoom App grants you no rights in relation to our Intellectual Property, which includes without limitation – copyright, trademarks, logos, graphics, photographs, animations, videos and text; or rights in, and to use for your own purpose, RideBoom software, associated applications and the RideBoom platform and website. The same applies to the Intellectual Property of our retail or advertising partners.
When and if you are verified by us as compliant with the RideBoom Code of Conduct, driver standards and statutory requirements and therefore accepted as an RBPD, we agree to grant you a revocable, non-transferable, personal right to use and receive the RideBoom services in accordance with these your expressed agreement Terms and Conditions conditional upon, covenants and warranties contained herein that:-
You will not use the RideBoom App for any unlawful purpose or in any way that:
interrupts, damages, impairs or renders RideBoom less efficient;
causes you to access or attempt to access the accounts of other users, or to break or attempt to break any security measure;
causes you to disseminate any content (whether electronic, written or by other means), which is defamatory, obscene, or may have the effect of seeming harassment, threat or abuse to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or otherwise;
causes you to advertise or promote third party, or your own products or services (other than your transport services in the normal course of the use of RideBoom);
Causes you to deliver substandard services to passengers that do not comply with the high standards, code of conduct or requirements of your agreement with RideBoom.
You promise, agree and warrant that and will provide truthful and factual evidence to RideBoom at the time of joining for using the RideBoom App that:
you have all the appropriate licenses, approvals and authority to provide services to passengers;
you own or have the legal right to operate a t vehicle when using RideBoom and that such a vehicle meets all relevant quality inspection and safety standards required of a vehicle for hire in the country of jurisdiction in which you operate;
you have valid and appropriate level of insurance cover for carriage of passengers of your vehicle and the services you will be providing under this agreement, including your duties and responsibilities as an RBPD covering all liabilities that may arise during the course of your providing the services;
You acknowledge, fully accept and agree that any contract for the provision of transport services is between you and the Service User, and not RideBoom; and that we simply provide a platform to introduce drivers and passengers and facilitate payments in most instances.
You affirm that you will comply with all applicable laws, and be responsible for the provision of your services to passengers. In this regard you will follow common sense and safety laws governing the use of mobile devices whilst driving. Payment of any fines levied by legal authorities due to non-compliance by you while using our services is your responsibility and RideBoom is not liable to pay any such fines or levies.
You will at all time refrain from doing anything which we, acting reasonably, believe to be disreputable or capable of damaging our reputation or bringing harm to passengers.
You acknowledge, fully accept and agree that we are not responsible for the behavior, actions or inactions of passengers or other drivers, whether they are RideBoom users or RBPDs, or not.
You acknowledge that we have limited control over the nature, and content, of information and electronic or radio chatter transmitted or received by you, or other users of RideBoom. Although we reserve the right to do so, we do not monitor such content in the usual course of business, and will not be liable for any such content. If you have a complaint about another user’s behavior in connection these matters, please contact us via the application or website so that we may address your complaint(s).
You acknowledge and accept that, in relation to the reporting information that we provide from time to time, we use all reasonable endeavors to ensure that such information is accurate and complete. However, we do not guarantee that it will always be accurate or correct; and therefore, you should use your own judgment when acting on the basis of information provided. Notwithstanding the foregoing, you agree that you will bring to our attention immediately in writing any apparent inconsistency, anomaly, or apparent conflict with the information provided stating clearly what the perceived issue is.
You confirm that you will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms and Conditions or other agreements, updates, notices and directives issued to you by RideBoom from time to time.
CODE OF CONDUCT FOR DRIVERS
DRIVER OBLIGATIONS AND BEHAVIOR IS STIPULATED IN THIS CODE OF CONDUCT
Driver shall obey all rules and regulations related to the Commercial vehicle license requirements at all times, regardless of any other mitigating circumstances, while using the RideBoom App.
RideBoom Service User’s safety, security and comfort are utmost priority while the Drivers ferry them using the RideBoom App. The Driver shall portray a sense of safety, security and comfort to RideBoom Service Users at all times. We will take any complaints from the Service Users very seriously in the event your action causes lack of safety, security or comfort of the Service User. We will immediately suspend your service and commence an inquiry to resolve the issue.
RideBoom third party service providers (Drivers) are expected to provide reliable timely Service at all times. If the Service User does not show up, then please notify RideBoom immediately. Driver may rate the passenger poorly.
At the time of receiving RideBoom jobs, the Drivers need to carefully read job details before accepting and ensure that the jobs that can be started within the requested timing.
Drivers should travel immediately to the Service User location on confirmation of job and provide services punctually to ensure timely and quality service.
RideBoom third party service providers (Drivers) are expected to provide quality services to the Service Users. Some positive actions the Driver may take includes, but not limited to:
Offering Service Users a choice of music and temperature controls in the Vehicle
For repeat Service Users offer water, newspapers and the like as per their choice
Assisting travelers with their luggage
Thanking Passenger for travelling with you
Assisting with wheelchair passenger.
RideBoom holds a strong non-discrimination policy. The Driver shall not refuse services based on a RideBoom Service User’s race, nationality, religious beliefs, origin, disability, marital status, sexual orientation, gender identity, age or any other characteristics that are protected by law.
RideBoom have zero tolerance for bullying, harassment, discrimination and inappropriate conduct while driving a RideBoom facilitated vehicle. You must treat the Service User with dignity and respect.
The RideBoom Drivers shall not do the following:
Dangerous driving such as not obeying speed limits
Using mobile devices for conversation or texting when driving
Refusing to enter the destination into a GPS device
Practicing their own religious faith while ferrying Service User
Engaging in foul language with Service User or any other persons
Eating while ferrying Service Users in the Vehicle
Inappropriate comments or conversations with Service Users, male or female or children
If the Driver notices any criminal or corrupt conduct by Service User he / she have an obligation to notify the law enforcement authorities immediately and advice RideBoom subsequently.
If the Service User misbehaves and causes damage to the Vehicle then the Driver is entitled to demand payments for rectification. The Service User will be liable to pay the Vehicle Driver / Owner, any charges that may arise due to misbehavior of the Service User during a ride. Some examples are vomiting in the Vehicle, causing internal and external damages to the Vehicle, or abusing the seats, graffiti painting and the like. If the Service User does not make these payments demanded by the Vehicle Driver, the Driver may bring this to the attention of RideBoom and RideBoom may be able to assist in recovering such rectification payments. However, the Driver shall not resort to violence to recover such payments.
Drivers shall ensure all certifications and licenses are current and are renewed in good time.
Driver is required to be familiar with area of operation. Good knowledge of local routes, are required. Use of Street directories, GPS systems and the like are required to be used by the driver to travel to destination in the shortest route and hence minimize fares chargeable to the Service Provider, unless directed otherwise by Service User.
Driver shall not collude with Service Users or other Drivers to defraud the Company of its rightful income. It is the responsibility of the Driver to ensure that the trip fares are generated in the RideBoom system by the use of the App by the Driver.
Driver must display his/her own Identity card and commercial passenger vehicle license in a conspicuous position clearly visible to all passengers sitting in all seating positions within the vehicle.
Driver shall be friendly, polite and courteous and helpful to passengers and provide all reasonable assistance in loading and unloading luggage and doors. No violent behavior will be tolerated with Service users or any RideBoom employees.
Driver shall be understanding and sensitive to Service User’s special needs, including the needs of people with disabilities. The laws prevailing in your jurisdiction shall be complied with in relation to services to disabled persons at all times. Service dogs shall be accommodated if requested by the RideBoom Service User.
Driver shall comply with all legislative requirements for the use of commercial vehicle license in the area of operation.
Driver shall carry a valid motor vehicle Insurance certification at all times and make it available to persons in the event of an accident. It is the responsibility of the Driver to resolve any accident related issues with the Service User or other vehicles. RideBoom has no obligation to resolve or be liable for any ensuing costs.
Drivers shall comply with any reasonable request made by a law enforcement authority while using RideBoom App to ferry RideBoom Service Users.
While using RideBoom App, only charge that applies to the Service User is that charge appears on the mobile device and paid via the RideBoom platform. In the event a tip is offered by the Service user, the driver may accept. However, the Driver shall not demand tips from the Service User.
Diver shall maintain the vehicle to the approved standards of cleanliness, safety and roadworthiness while operating as a commercial vehicle and using RideBoom App.
Driver must be clean, maintain a neat dress standard and shall be well groomed. A professional standard dress is encouraged.
Driver shall not use a communication device, including a mobile phone, to coordinate or control any other commercial passenger vehicle, including the use of a hands free device.
Drivers are not to use a communication device, including a mobile phone, for personal conversations when carrying passengers; this includes a hands free device.
Driver shall not use the RideBoom App while in the influence of drug or alcohol. Driver shall not transport alcohol in open containers in the Service Vehicle at any time.
Driver shall not smoke in the Service Vehicle at any time to ensure clean environment for the RideBoom Service Users.
Driver shall not use their vehicle to transport any illegal substances, arms or other prohibited items at any times.
Driver shall not hold or take any passengers’ cash as credit during the journey. All charges are to be decided at the end of the journey, and will be provided by the RideBoom App.
In the event of threats from the Service Users, the Driver may report the incident directly to the police or other security agencies and to RideBoom. We will take immediate actions to ensure the Service User account is suspended and we will conduct an internal inquiry.
If the RideBoom Service User leaves behind any articles in your vehicle, it is the responsibility of you and the Service User to ensure the article is handed back in satisfactory condition. RideBoom accepts no liability for any losses.
In case of emergencies, please inform law enforcement or emergency services providers directly and subsequently advise RideBoom.
BREACH OF CODE OF CONDUCT
RideBoom reserves the right to terminate / suspend your access to RideBoom App and platform in the event of breach of this Code of Conduct. We, at our own discretion, may conduct investigation into the breaches of this Code of Conduct, howsoever advised; whether by RideBoom Service User, other users, regulatory authorities or others. If we find breaches of this code of conduct, we may terminate your right to use RideBoom with immediate effect without providing any explanation to you or any other parties.
REPRESENTATIONS & WARRANTIES
By using the Application or Service, the Driver expressly represents and warrants that:
It is legally entitled to enter into this Agreement.
The Driver is at least 18 years old.
He / she the right, authority and capacity to enter into this Agreement and to abide by the Terms and Conditions of this Agreement.
Use of the Service and the Application is for sole, personal use.
The Driver may not authorize others to use the Driver’s status, and the Driver may not assign or otherwise transfers the Driver’s account to any other person or entity unless expressly approved by the Company.
When using the Application or Service, the Driver will comply with all applicable laws from the Driver’s home nation, the country, state and city in which the Driver is present while using the Application.
Driver carries all necessary Vehicle and Service insurances for a commercial vehicle service and will deal with Service User directly regarding any claims, disputes and the like. RideBoom is neither responsible nor liable for any insurance related claims.
Driver carries all necessary personal insurances, including Work cover insurance, liability insurances and the like. RideBoom is neither responsible nor liable due to any insurance related claims.
It will comply in all respects with the Code of Conduct of Drivers.
Suspension or modification of the WEBSite and/or App
RideBoom reserves the right, at its sole discretion to change, alter, suspend or indefinitely close the website and/or the App.
From time to time, RideBoom may also restrict access to some parts of the Website and/or the App, or the entire Site and/or App, to Drivers.
CHARGES AND PAYMENT
The RideBoom application and platform matches passengers with available and compliant drivers. It also affects the charging and payment of transactions between them for a fee for use of the platform and charge processing. Both Drivers and Service Users can avail themselves of RideBoom’s App services under the charges and payment terms and conditions set out herein. These shall apply mutatis mutandis to the role of the respective user status being either as a Driver or as a passenger.
While using RideBoom, when a ride has been allocated to you and you accept the job, you shall make best endeavors to fulfill the job on a timely and proficient manner. If there is another competing job made available by others, RideBoom job should always be executed first.
For Services provided by RB partner drivers, RideBoom Service Users will pay with pre-registered credit or debit cards through the RideBoom application. Driver payments are an agreed percentage of the Service User payments. The amount payable to the Driver will be agreed at the time of Driver registration, subject to changes that may be implemented by RideBoom from time to time.
For services provided by the RB Drivers, where the Service User directly pay the driver all payments either cash or cab charge. However, the RB Drivers has to pay the Service fee to RideBoom every time he picks up a job from RideBoom which is going to deduct from his/her weekly payment.
Each Hire Car ride charge will be calculated in accordance with information provided in the website and mobile application based on the city, time of the day and other factors. The total charge includes GST [Good and Service Tax]. For RB partner drivers the payments accruing from Service User rides will be recorded and tracked within the application and supporting platform.
RB partner drivers should ensure that every time they pick up a job from RideBoom wear a clean dress.
For Hire Cars, RideBoom will facilitate the payment and will make due reciprocal payments at the rates and under the Terms and Conditions set out in the application and website.
RideBoom payments to the RB partner drivers are inclusive of GST (or VAT). It is the responsibility of the Driver to pay the GST (or VAT) to the taxation authorities as appropriate.
The Company may change the amount chargeable to Drivers for their use of RideBoom services from time to time and will post such changes on the website which shall be binding on the Drivers.
RideBoom have the right to suspend the processing of any transaction, where we reasonably believe that the transaction may be fraudulent or, involve any criminal activity or, where we reasonably believe you to be in breach of the agreement and these Terms and Conditions.
FEES AND INCENTIVES FOR PARTNER DRIVERS
Partner Drivers agree that RideBoom is entitled to charge service fee for providing Service to partner drivers. In accordance with the fee structure set out under the Terms and Conditions of the application, website and as per agreement entered into upon signing up as a Driver.
If Partner Driver facilitate introduction of customers to the RideBoom system and they use your Driver code, then the RideBoom will pay you additional incentives when the customer uses RideBoom Cars, as stated within the agreement.
The incentive payments are structured in a way that they are payable only when the Drivers serve referred customer using the RideBoom system and RideBoom assigned Hire Cars. The incentive payments will continue to be paid to you (regardless of whether you drive or not), unless any one of the following conditions occur:
You are deceased and nomination has not been notified;
You sell your business to a new owner;
RideBoom terminate your services in the event you are criminally convicted in the court of law;
You declare bankrupt;
We are required by the law to terminate your services and withhold any payments due to you;
RideBoom ceases operations for whatever reasons.
If RideBoom has continued to make payments to you despite the conditions stated in subsection 4above had occurred and Driver has not advised RideBoom, then the RideBoom reserves the right to recover the payments made to the Driver by legal proceedings or the arbitration process.
PAYMENT TERMS AND CONDITIONS
Fees that the Company charges the Service User for the Service are due immediately and are non-refundable. However, due to administration requirements it may take up to 14 days before the RB partner driver will get amounts due to them credited in their nominated account, unless otherwise agreed.
If any disputes arise due to non-clarity in the trips, miscalculations of incentive payments and the like, the disputed amount refund may take up to 60 days after the dispute is resolved.
The Company, at its sole discretion, may make promotional offers with different features and different rates to Service Users. These promotional offers do not constitute a variation to the agreement and the Terms and Conditions.
The minimum fare for Hire Cars is AUD 25.00;
The minimum fare for Premium Taxi service is AUD 15.00.
PROVISION FOR SPECIAL NEEDS:
The aid partner drivers able to carry wheel chair scooter in their car. The RideBoom facilitated Drivers are obliged to provide services to Service Users. RideBoom Drivers do not provide foldable wheel chairs, but merely provide support to such Service Users that use their own foldable wheelchairs.
Once the Service User AID bookings have been confirmed by RideBoom system, it is the responsibility of the Driver to contact the Service User and confirm the delivery of such requests.
If any issues arise during the special needs services, such as damage to Vehicle, damage to Wheel chair and the like, RideBoom is neither responsible nor liable for any losses, expenses or any other disputes whatsoever. The Driver and Service User have to resolve the issue between themselves.
AIRPORT PICKUPS – TOLLS, PARKING FEES
Drivers need to communicate with rider to sort out the pickup spot from airport. RB will not pay any parking fee to the RB partner drivers that provide meet and greet, pickup services at the airport.
In the end of the trip Drivers who use toll way able to enter the toll amount manually.
SERVICE USER BOOKING CANCELLATION POLICY AND PAYMENTS TO DRIVERS
The Service User may cancel a booking any time they wish, and any cancellation fees recouped from the cancelled trips will be paid to the Driver.
The Driver shall not start the trip unless the Service User has commenced the journey in the Vehicle or informed by the Rider to start the trip.
The Driver shall end the trip at the time the Service User confirms the trip completion or as otherwise agreed between Driver and Service User.
Once Service User has taken a RideBoom provided journey, he / she won’t be able to cancel (since the service has already been provided) and the payment will be taken automatically and is non-refundable. If Service User has any complaint in relation to the service provided then that dispute must be taken up with the Driver directly. If the Driver and Service User are unable to resolve the dispute, please contact RideBoom and Company may try to resolve the dispute.
The RideBoom charges the Service User a “No Show” fee, if the Service User does not make use of the Service once a car has arrived. This “No Show” fee will be paid to the Driver as stated as stated section below.
In the event that the Driver’s communication device is non-functional, it is the responsibility of the Driver to use alternate communication channel to contact the Service User to ensure that the Service User is fully apprised of expected time of arrival.
BOOKING CANCELLATION BY DRIVER
The Driver should not cancel accepted bookings unless occurrences caused by circumstances beyond the control of the Driver. If the Driver cancels a booking the Driver is required to provide a reason for the cancellation. Booking cancellation would adversely affect the Driver rating.
In the event the Driver is unable to fulfill the booking, he needs to cancel the job and return the job to RideBoom system. RideBoom will endeavor to allocate alternate vehicle to the Service User.
The Service User is covered by the vehicle insurance provided by the Driver. This insurance covers various aspects of a commercial service risks and is the responsibility of the Driver to use the insurance in favor of the Service User if requirement arises. The Driver shall provide the Service User all insurance details.
RideBoom is neither responsible nor liable to the Driver or the Service User in the event of any incident that may occur when the Driver provides Service to the Service User using RideBoom system.
Driver is responsible for Driver’s own work cover, disability insurances, liability insurances and the like. RideBoom is neither responsible nor liable to cover any claims that may arise due to accident events. RideBoom does not employ any Drivers.
The Driver expressly agrees and warrants that the Driver is not an employee of RideBoom and further warrants that he / she will not pursue RideBoom for any such insurance claims.
GRANTING OF LICENSE AND RESTRICTIONS
Subject to the Driver’s compliance with the Agreement and Terms and Conditions the Company grants the Driver a limited, non-exclusive, non-transferable license to download, install and use the platform to obtain Service Users.
Driver has no right to sublicense the license rights so granted and agrees to run such copy of the Application for the Driver’s sole personal use.
INTELLECTUAL PROPERTY OWNERSHIP
The Company and its licensors, where applicable shall own all right, title and interest, including all related intellectual property rights, in and use of the Application, and the Service. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Driver, or any other party, relating to the Application or the Service shall also vest with the Company.
This Agreement is not a sale and does not convey to the Driver any rights of ownership in, or related to, the Application or the Service, or any intellectual property rights owned by the Company.
The Company name, the Company logo, and the product names associated with the Application or Service are trademarks of the Company and no right or license to ownership are granted or transferred to the Driver.
Your use of RideBoom App grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to RideBoom software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the RideBoom services in accordance with these Terms.
All the proprietary rights (tangible and intangible) related to the App shall vest with RIDEBOOM TECHNOLOGIES PTY LTD, ACN:612 871 888.
THIRD PARTY INTERACTIONS
During use of the Application, the Driver may enter into correspondence with, services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application. Any such activity, and any terms and conditions, conditions, warranties or representations associated with such activity are solely between the Driver and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between the Driver and any such third-party.
The Company does not endorse any sites on the internet that are linked through the Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
The Company provides the Application to the Drivers pursuant to the Terms and Conditions of this Agreement, and the Company disclaims any and all responsibilities or liabilities arising from such agreements between the Driver and the third party providers.
By entering into this Agreement and using the Application, the Driver agrees that the he / she shall defend, indemnify and hold harmless the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Service 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:
The Driver’s violation or breach of any term of this Agreement, or any applicable law or regulation, whether or not referenced herein;
The Driver’s violation of any rights of any third party, including providers of transportation services arranged via the Application, or
The Driver’s misuse of the Application or Service.
DISCLAIMER OF WARRANTIES
The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Application. The company does not represent or warrant that,
The use of the Service or Application will be secure, timely, uninterrupted or error-free,
The Service or Application will meet the Driver’s requirements or expectations,
Any stored data will be accurate or reliable,
The quality of any products, services, information, or other material purchased or obtained by the Driver through the Service will meet the Driver’s requirements or expectations.
INTERNET DELAYS AND EQUIPMENT PERFORMANCE
The Company’s Service and Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.
The Company takes no responsibility for any impacts the Application may have upon the Driver’s equipment, hardware’ mobile devices and the like.
The company is not responsible for any delays, failures, or other damage, direct or indirect, resulting from such problems.
LIMITATION OF LIABILITY
In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind(including personal injury, loss of data, loss of revenue and profits), use or other economic disadvantages . The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by the Driver, including by not being limited to loss, damage or injury arising out of, or in any way connected with the Service or Application, including, but not limited, to the use or inability to use the Service or Application, any reliance placed by the Driver on the completeness, accuracy or existence of the Service including any advertised benefits, or as a result of any relationship or transaction between the Driver and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Service or Application, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
RideBoom will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer and/or mobile equipment, computer programs, data or other proprietary material due to your use of the Website and/or App or to your downloading of any content on it, or on any website linked to it.
RideBoom is not responsible for:
losses not caused by its breach
The actions or inactions of other RideBoom users;
Indirect losses which means loss to Driver which is a side effect of the main loss or damage and where Driver and Company could not have reasonably anticipated that type of loss arising at the time of entering into these Terms;
Failure to provide to meet any of Company’s obligations under these Terms where such failure is due to events beyond Company control (for example a network failure, hacking of services by external malicious attacks and the like).
RideBoom does not guarantee that its Website and/or the App, or any content contained on them, will always be available or uninterrupted. RideBoom reserves the right to withdraw or amend the services it provides on the Website and/or the App without notice to you. RideBoom will not be liable if, for any reason, the Website and/or the App are unavailable at any time or for any period.
We are not responsible for:
losses not caused by our breach;
The actions or inactions of any passengers and Service Users
The actions or inactions of other drivers.
Indirect losses, which means loss to you which is a side effect of the main loss, or damage; and where we and you collectively could not have reasonably anticipated that type of loss arising at the time of entering into these Terms and Conditions.
Failure to provide RideBoom generated work opportunities, or our failure to meet any of our obligations under these Terms and Conditions, where such failure is due to events beyond our control (for example a network failure and events of Force Majeure. The events of Force Majeure include the following events or similar events that are beyond the reasonable control of RideBoom. These include, but not limited to:
Network and carrier failures
Adverse market conditions
Bankruptcy of the Credit card processing companies
Strikes or industrial action
Bankruptcy of payment processing companies
vChanges to regulations and law
Act of god such as storms, floods, tempest, earthquakes etc.
Data server failures
Data / website / App hacking and interference by malicious acts by others
Malicious acts by competitors and others disabling or making inefficient the RideBoom services.
Any losses incurred due to delay in payment processing companies in settling Service User payments. In this event, a delay of up to 2 months could occur.
RideBoom is not responsible for Drivers cancelling any jobs already confirmed and notified to the Service User (which has been provided by the RideBoom App). Any contract for the provision of services is between the Service User and the Driver and not RideBoom. Company simply provides a platform to introduce drivers and passengers. At the time RideBoom will endeavor to provide alternate Driver / Vehicle, RideBoom is not liable to the Service User under whatever conditions.
The Company may introduce the Driver to the Service User for the purposes of providing transportation. The Company will not be responsible to assess the suitability, legality or ability of any Drivers and the Driver expressly waives and releases the company from any and all any liability, claims or damages arising from or in any way related to the Service User.
The company will not be a party to disputes, negotiations of disputes between the Service User and any Drivers or third party service providers. The company cannot and will not play any role in managing payments between the Service User and the third party providers or Drivers.
Responsibility for the decisions by the Driver regarding services offered via the application or Service (with all its implications) rests solely with the Driver.
The quality of the transportation services scheduled through the use of the Service or Application is entirely the responsibility of the third party provider or Driver who ultimately provides such transportation services to the Service User.
This Agreement may not be assigned by the Driver without the prior written approval of the Company, but may be assigned without the Driver’s consent by the Company to
a parent or subsidiary;
an acquirer of assets;
a successor by merger.
Any purported assignment by the Driver in violation thereof shall be void.
RideBoom may terminate these Terms and close any account Driver has with RideBoom by giving Driver 7 days’ notice in writing by email to Driver’s registered email address. Company may also terminate these Terms and close the Driver’s account without notice if the Driver breaches any of the obligations under these Terms, if bankruptcy proceedings are brought against the Service User or not pay a court judgment on time.
RideBoom reserve the right to suspend, restrict or terminate Driver access to RideBoom at any time without notice if Company has reasonable grounds to believe Driver have breached any of these Terms. This shall not limit Company right to take any other action against the Driver that Company consider appropriate to defend Company rights or those of any other person.
You may withdraw from our agreement and cancel these Terms and Conditions at any time by simply closing your account by following the instructions on the application or website.
In the event that a driver is convicted for criminal offences, RideBoom will terminate the agreement and stop paying any incentives due to the driver with immediate effect.
Driver is under no obligation to use the service and may simply choose to stop using it at any time.
If you breach the agreement and these Terms and Conditions, and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the agreement and these Terms and Conditions.
The Driver and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The Driver acknowledges and agrees that both it and the Company are each waiving the right to a trial by jury. The disputes need to be solved through arbitration.
You expressly waive the rights to join with other parties in bringing any “class action” whatsoever against RideBoom. This clause may be used to fully defend and disallow such “class action” by RideBoom. In the event such class action is pursued RideBoom shall be entitled to a payment of a defence bond of US$ 50Million to be paid to us upfront before RideBoom take steps to deal with such matters required for the defence.
Any legal case or dispute shall be settled under the laws of Australia
A party who desires to initiate arbitration must provide the other party with a written notice for Arbitration.
Unless the Service User and Company otherwise agree, the arbitration will be conducted in the county where the Company resides.
ACICA (Australian Centre for International Commercial Arbitration), located in Melbourne, Australia.
ACICA procedure is to be followed.
Each party will pay their own legal fees.
We may wish to transfer our rights or obligations, or sub-contract our obligations under the agreement and these Terms and Conditions, to another legal entity. You agree that we may do so, provided that this will not adversely affect the standard of service you receive under the agreement and these Terms and Conditions. As set out earlier, you may terminate the agreement and these Terms and Conditions with us at any time. The agreement and these Terms and Conditions are entered into personally by you with us. You may not transfer your rights or obligations under the agreement and these Terms and Conditions to anyone else.
If any part of the agreement and these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
The agreement and Terms and Conditions are not intended to give rights to anyone except you and us.
We are constantly looking for ways to improve and expand RideBoom. We may amend these Terms and Conditions from time to time, in order to reflect changes to RideBoom – in which case we will give you reasonable notice, by email, of any changes to these Terms and Conditions. You can terminate at any time, as set out above.
We will do our best to resolve any disputes over these Terms and Conditions. All the disputes under the agreement and these Terms and Conditions shall be subject to Arbitration
No joint venture, partnership, employment, or agency relationship exists between the RideBoom service users, the Company or any third party provider as a result of this Agreement or use of the Service or Application.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall be enforced to the fullest extent under law.