General Terms and Conditions
Acceptance of these terms and conditions is a condition of booking and is your acknowledgement that you have read, understood and agreed to be bound by them.
RIDEBOOM TECHNOLOGIES PTY. LTD. ABN 26 612 871 888 (“RideBoom”)
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.
When you access the RideBoom site (a “Visit”), you are using software which is owned by or licensed , Rideboom Technologies Pty Ltd, grants you a personal non-exclusive license to use the software associated with the RideBoom site for the duration of the Visit and for the sole purpose of making car and driver enquiries and bookings (“License”).
Any other use, commercial or otherwise, of the software or information on the site without the express written permission of RideBoom is strictly prohibited, including any reproduction, data mining, automated querying or similar data extraction processing.
What We May Do
You acknowledge that some of the material accessible through the Service is provided by third parties. This material does not form part of the Service, and we are not responsible for this material. Where the Service provides the facility to enter into transactions with third parties, you acknowledge that the goods or services offered by these third parties do not form part of the Service, and that we are not responsible for those third parties or the goods or services they offer. Other third party ground transport providers impose different terms and conditions on the sale of specific passenger products featured on this site. You should carefully read all the terms and conditions specific to the product you are booking before finalizing your booking transaction.
Subject to your acceptance of our Privacy Policy, you grant us an ongoing consent to use your information to promote and market our products and services and make other offers to you (including by making telemarketing calls to you, and sending you electronic messages including via email and SMS). You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop promoting and marketing products, services and other offers to you, please contact us at any time by submitting a request through our feedback form.
We may disclose some of your information at an aggregate level for marketing purposes provided that you cannot be personally identified from this aggregated data. We may use information about you for marketing, internal planning or product development purposes in order to improve the quality of our services. We may use or disclose the personal information which you have provided to us in accordance with our Privacy Policy, as indicated on the RideBoom Website. Our actions in handling your personal information are detailed in RideBoom’s Privacy Policy. To review this Privacy Policy, please click on the Privacy policy in this website.
You consent to us supplying your billing, payment and identification information to third parties with whom you enter into transactions using the Service. We may also provide such personal information to third parties as is required to complete your booking. You accept that the recipients of this disclosure may not have in place privacy policies equivalent to RideBoom’s. You authorize our agents to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide. You also authorize your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate. You authorize our agents to take steps to confirm that there is sufficient credit on your credit card account to meet likely charges. For any payment by credit card, documentation will not be issued until authorization has been obtained from the relevant card company.
We may amend this agreement at any time by posting the revised version of the agreement to the RideBoom web site. The amended agreement will take effect from the time of posting on the RideBoom web site.
You authorize our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand. Once payment has been received, you agree not to seek to reverse or cancel such payment through your card issuer or its agents without RideBoom’s prior written consent. RideBoom reserves the right to charge amendment or cancellation fees depending on circumstances and ground transport conditions.
Before we proceed to issue your ground transport operator ride confirmation notice or process any ride booking on your behalf, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity. The intent of this process is to reduce any potential risk for fraud and disruption to passengers upon time of ride commencement. In circumstances where we cannot contact the card holder and the ride confirmation notice issuance period lapses thereby making the booking invalid, we will have no choice but to cancel the booked arrangements. Under these circumstances we accept no responsibility for any re-booking costs. We reserve the right at our absolute discretion to decline or accept bookings made. Any automatic booking confirmations for such bookings are conditional and contingent on our view of any financial risks, potential ride confirmation notice dispatch delays, or other regulations that may apply.
RideBoom makes no representation that its ground transport operator price sales are identical to prices on individual ground transport operator sites that may exist from time to time. RideBoom reserves the right for marketing and commercial reasons to modify prices.
What You Must Do
By registering for the Service, you warrant to us that you are at least eighteen years old. You must have sufficient credit on your credit card account to meet all charges for ride services you book through this web site.
You must keep secure any means of identification that we provide to you in order to access the Service. You must not resell the Service or any products or services accessed by means of the Service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the Service. RideBoom takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties or through any unauthorized access to your personal information. You are responsible for all use of the Service, and all transactions entered into by means of the Service, using this user identification. You must not use the Service for any activities which breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority.
You must not use the Service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Service by you or any other person using your membership identification or password.
You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not grant a third party the right to access and use the Service. You must not disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Service except to the extent that the Copyright Act 1968 (Cth) or any other applicable law prevents RideBoom prohibiting you from doing so. You must not modify copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. You must not use the software associated with the Service except in accordance with the Licence.
You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Service.
You must not assign any of your rights under this agreement to a third party. You agree that as a member you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to continue to receive these newsletters, you will be given the option to unsubscribe in the newsletter.
GST or its international equivalents such as VAT will be charged for rides provided. Prices will be confirmed inclusive of these taxes.
About Our Liability
All warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law. Where we are liable to you under these terms and conditions, to the maximum extent permitted by law our liability will be limited, at our option, to resupply of the Service or the cost of resupplying the Service. To the maximum extent permitted by law, RideBoom excludes all liability in relation to the Service.
We do not endorse or recommend any particular third party service provider, nor do we vouch for the accuracy or completeness of the information provided by third parties in relation to their products and services. Information provided through the Service is provided in good faith, and is subject to amendment at any time without notice. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Service.
You are solely responsible for the suitability of any ride services which you purchase by means of the Service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of ride services for use in association with other ride services, except to the extent that liability in relation to those matters may be imposed on us by legislation that cannot be excluded. RideBoom’s role in relation to your ride arrangements is limited to facilitating you’re booking and arranging ride documentation, payments and refunds as applicable. We accept responsibility for the performance of this role and for the willful negligence of our employees. However, to the maximum extent permitted by law, RideBoom disclaims all liability for any technical errors, corruption of data, unauthorized access to your personal data, inaccuracies in information supplied by third parties, or failure by RideBoom to complete bookings where that failure is due to circumstances beyond its control.
RideBoom accepts no responsibility or liability for any failure or delay on the part of any third party in providing ride services to you where your booking has been properly processed by it; nor is RideBoom responsible for any acts or omissions of ground transport operators or other third parties in the course of delivery of such ride services, except to the extent that responsibility for those matters may be imposed on RideBoom by legislation that cannot be excluded. Where RideBoom is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to Services not provided because of RideBoom’s default. RideBoom shall only be liable to provide a refund to you to the extent that that it actually receives a refund from the relevant ground transport operator or other third party. Where refunds are due to you from third party suppliers of ride products or services, RideBoom will provide reasonable assistance to you in claiming such funds from those suppliers. In that situation, RideBoom is authorized (but not obliged) to seek such refunds from the third party supplier of ride products or services directly and on its own behalf. To the maximum extent permitted by law, RideBoom excludes all liability for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.
Booking Price Guarantee:
RideBoom does not guarantees the price of your ride once notified to you by SMS as this is an estimate only. The actual fare payable will be broadly similar to the estimate we have provided, but the exact fare depends on various conditions beyond our control. The actual fare payable will be displayed at the end of the ride and this fare will be deducted from your nominated credit card account automatically.
Please note, where any pricing has been converted from a foreign currency to AUD your credit card company may charge a conversion fee.
Payment and Servicing Fee
RideBoom charges within the fare, a Payment and Service Fee in relation to processing you’re booking and accepting payment. Any Payment and Service Fee is charged by RideBoom in its own capacity (as merchant), and not as an agent for any other party. Payment and Service Fees cover a range of costs, services, fees and charges in relation to your booking, including among other things for example fraud prevention the reasonable costs of accepting card payments, servicing of its Applications and Service platform.
Customer Service
The fare includes Payment and Servicing Fee and is provided in your invoice as a consolidated charge. It is non-refundable and will be charged to your credit card or other agreed payment methods within 24 hours. Funds need to be available on your card now otherwise ride confirmation will not take place.
Refunds
Your request for a refund of arid fare booked on RideBoom is governed by the Terms and Conditions and are as determined and notified to you by RideBoom.
Where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund may take up to 12 weeks. This is beyond the control of RideBoom.
Currency
All pricing is reflected in local currency unless otherwise specifically denoted on the screen.
Ending This Agreement
This agreement is governed by the laws in force in Victoria, Australia. You irrevocably submit to the arbitration process and courts of appeal in Victoria for resolving any dispute concerning this agreement.