RIDER (SERVICE USER) TERMS AND CONDITIONS
RideBoom (RIDEBOOM TECHNOLOGIES PTY LTD. or “We” or “Us” or “Our”) is an international technology service platform, ACN – 612 871 888, Email – Contact@rideboom.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 software, delivery platform, and network, owned and operated by RideBoom for the dispatch of the ground transportation services to the Service User.
ORDER OF PRECEDENCE
Service User Specific Terms and Conditions will take precedence over General Terms and Conditions in the event of inconstancies.
SPECIFIC TERMS AND CONDITIONS FOR RIDERS
- The Terms and Conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between the Service User and Rideboom Technologies Pty Ltd. (The “Company” or “RideBoom” or “We”, “Us” or “Our”).
- In order to use the Service and the Application the Service User 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 Service User, 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 Service User warrants that the information provided to RideBoom is accurate and complete. RideBoom is entitled at all times to verify the information that the Service User has provided, and to refuse the Service, and withdraw use of the Application without providing reasons.
- The Service User may only access the Service using authorized means. It is the Service User’s responsibility to check to ensure that the Service User has downloaded the correct Application to match their device. RideBoom is not liable if the Service User does not have a compatible mobile device, or if the Service User 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 Service User be using the Service or Application with an incompatible or unauthorized device.
- By using the RideBoom App, you (the Service User) 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 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 use the Service or Application to cause nuisance, annoyance or inconvenience to others;
- 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 copy, modify 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 not use the Service or Application with an incompatible or unauthorized device;
- You will not collude with the Driver 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.
- 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;
- RideBoom may immediately terminate the Agreement or any Services with respect to Service User, 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;
- Service User 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 Service User’s breach of these Terms.
CODE OF CONDUCT
RIDEBOOM SERVICE USER’S OBLIGATIONS AND BEHAVIOUR STIPULATED IN THIS CODE OF CONDUCT
- The Service User shall obey all rules and regulations related to travelling in a commercial vehicle at all times, regardless of any other mitigating circumstances, while using the RideBoom App.
- RideBoom Service Users will ensure that they behave civilly while travelling to ensure their own safety, security and comfort are not compromised such that the Drivers can provide the best possible service to the Service User. The Service User shall not behave abusively or confrontationally with Drivers based on 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 travelling in a RideBoom facilitated vehicle. You must treat the Driver with dignity and respect.
- If the Service User notices any criminal conduct or corrupt conduct by Drivers, he / she have an obligation to notify the law enforcement authorities immediately and advise RideBoom subsequently.
- The Service User may direct the Driver to the desired destination, contrary to a route suggested by the Driver as the most optimum, as long as the Service User accepts any additional charges at the end of travel.
- The Service User must be friendly, polite and courteous to the Driver. No violent behaviour will be tolerated.
- The Service User may call police or other security authorities in the event of violence or serious altercations and advise RideBoom subsequently. We will instigate immediate action and co-operate with all regulatory and security authorities.
- Drivers will carry commercial vehicle insurance certification with them while providing services to the Service Users. It is the responsibility of the Service User to resolve any accident related issues with the Drivers. RideBoom has no obligation to resolve or be liable for any ensuing costs.
- 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, RideBoom will deduct such payments from the Service User credit card and pay the Driver.
- The Service User is required to comply with request made by a law enforcement authority while using RideBoom App in the event of any issues.
- RideBoom does not require any tipping. The Service User may issue tips to the Drivers at their own discretion, but this matter does not involve RideBoom.
- Service Users shall not smoke in the Service Vehicle at any time to ensure clean environment for the Drivers and the Service Users.
- Service Users shall not use the RideBoom App facilitated Vehicle to transport any illegal substances, arms or other prohibited items at any time.
- The Service Users shall not transport alcohol or consume alcohol in the RideBoom facilitated cars.
- It is your responsibility to wear a seat belt for your own safety and be compliant with the law.
- Service Users are responsible for guests traveling with them. It is the responsibility of the Service User to ensure that anyone travelling with them adheres to this Code of Conduct.
- If the Service User leaves behind any articles in the Vehicle, it is the responsibility of the Service User to contact the Vehicle driver to obtain any lost items. 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 the RideBoom App and platform in the event of breach of this Code of Conduct. We, at our own discretion, may conduct investigation into breaches of this Code of Conduct howsoever advised, whether by RideBoom drivers, other users, regulatory authorities or others. If we find breaches of this Code of Conduct, we may terminate your right to use the Services with immediate effect, without providing any explanations to you or any other parties.
REPRESENTATIONS & WARRANTIES
By using the Application or Service, the Service User expressly represents and warrants that:
- He / She are legally entitled to enter into this Agreement.
- If the Service User resides in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreement due to age, the Service User will abide by such age limits and the Service User will not use the Application to secure the Service.
- Without limiting the foregoing, the Service User shall have to be of is at least 18 years of age to register with RideBoom.
- You have 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 Service User may not authorize others to use the Service User’s status, and the Service User may will not assign or otherwise transfer the Service User’s account to any other person or entity unless expressly approved by the Company.
- When using the Application or Service, the Service User will comply with all applicable laws from the Service User’s home nation, the country, state and city in which the Service User is present while using the Application or Service.
- You will comply in all respects with the Code of Conduct of Service Users.
RideBoom is using the third-party safe call masking platform for making all calls and sending SMS from time to time and the time of connecting rider called to the driver and by signing with RideBoom you are accepting these T&C and providing your approval.
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 Service Users.
FARES & CHARGES FOR SERVICE USERS
By using the Application or the Service, the Service User agrees that:
- While the RideBoom will endeavor to provide you with a driver and vehicle of your choice, if your choice is not available, other options will be presented to you via RideBoom App platform.
- When the Service User pays for the ride through RideBoom App then such payment will be taken automatically at the end of the journey using the card [credit, debit or other authorized cards] details the Service User registered with RideBoom. You agree that we may undertake authorization checks on that card when you first join as well as when you order a ride with RideBoom.
- Each 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].
- The fare estimation provided in our website and App is estimation only. The Service User acknowledges that the actual fare will depend on many factors and could have significant variation from the fare estimate that the Service User obtained. We are not responsible for any direct or indirect losses that may occur due to any potential variation. The Service User acknowledges and expressly agrees that the Company is not liable to pay any fare discrepancies between the fare estimate and actual fare to the Service User.
- Hire Car and Taxi services are available for Ready Now and Time Bookings.
PAYMENT TERMS AND CONDITIONS
- Fees that the Company charges the Service User for the Service are due immediately and are non-refundable, unless otherwise agreed.
- 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 Company may change the fees of the Service from time to time and will post such changes on the website which shall be binding on the Service User.
- Driver may ask you for your trip payment after completion of your journey if for some reason your card transaction is declined by our App. Make sure the card you register with our app has enough funds to cover your journey.
PROVISION FOR SPECIAL NEEDS
- RideBoom provides provisions for special needs such as support for folding Wheel chairs. RideBoom Drivers do not provide foldable wheel chairs, but merely provide support to such Service Users that use their own wheelchairs.
- Once the Service User special needs bookings have been confirmed by RideBoom system, it is the responsibility of the Service User to contact the Driver directly and confirm the delivery of such requests.
- In the event that the Driver does not provide such facility, though a request has been made and confirmed by the Driver, RideBoom is neither responsible nor liable for any inconveniences, delays, losses and the like, due to non- delivery of such services to the Service User.
- 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 Service User and Driver have to resolve the issue between themselves.
At the end of the trip driver got option to enter and add tolls amount. Rideboom will deduct that from Riders account and pay directly to driver.
BOOKING CANCELLATION POLICY AND CHARGES FOR SERVICE USER
The Service User may cancel a booking any time they wish, subject to conditions stated hereunder. Cancellation charges apply only after your booking has been confirmed by RideBoom system.
- Once Service User has taken a RideBoom provided ride, Service User will not 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 Service User is unable to resolve the dispute with the Driver or Service User cannot come to an agreement with the Driver, 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 at the pick-up point.
- In the event that the Service User’s communication device is non-functional, it is the responsibility of the Service User to use alternate communication channel to contact the Driver in order to avoid a ‘No show’ charge.
- ‘Ready Now’ bookings cancellation charges for Taxis and Hire Cars:
The RideBoom charges a cancellation fee, if the booking is cancelled. Cancellation charge is AUD 10.00 as stated below:
- If You cancel the booking after a minimum of 5 minutes have elapsed from the system confirmation time of your booking;
- If You do not present yourself [“No Show”] after the car has arrived at your pick-up point. The Driver will advise the system and report the ‘No show’ reason for not picking up Service User;
- If You are late by more than 10 minutes of the pick-up time, unless the Driver has communicated with you, he may notify RideBoom of a “No show”. In that case the trip will be cancelled and You will be charged a cancellation fee. In case of anticipated delays, You should contact the Driver and advise him accordingly.
- For Ride Later ‘Time Bookings’ [2 hours to 7 days in advance]
Cancellation charges for pick-ups – for Hire Cars: / taxis
The RideBoom charges a cancellation fee for Hire Car Services, if the booking is cancelled. Cancellation charges will apply as follows:
- After the RideBoom system has confirmed your booking, if You cancel the booking, 10 minutes prior to schedule pick-up time, then the cancellation charge is zero.
- If You do not present Yourself [No show] at all, after the car has arrived at Your pick-up point, the Driver will cancel the ride and report the ‘No show’. Then the cancellation charge is $10.
- If You are late by more than 10 minutes of the pick-up time, unless the Driver has communicated with you, he may notify RideBoom of a “No Show”. In that case the trip will be cancelled and the Service User will be charged a cancellation fee. In case of anticipated delays, you should contact the Driver and advise him accordingly.
BOOKING CANCELLATION BY DRIVER
The Driver may cancel Your booking on his / her discretion at any time. If this situation arises, as soon as the Driver cancels Your booking, RideBoom will send a message to you and will endeavor to book an alternate Vehicle for You. However, this may not be possible due to time constraints or alternate Driver availability. In such instance, RideBoom is not responsible for any delays, inconvenience, direct or indirect losses that may eventuate due to such Driver cancellation, no is RideBoom liable for any financial losses that the Service User may encounter.
- The Service User is covered by the commercial vehicle insurance provided by the Driver. This insurance covers various aspects of a commercial service risks and is the responsibility of the Driver to implement if requirement arises. The Service User should contact the Driver and obtain insurance details when required.
- 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.
- Service User and / or Driver expressly agree and warrant that any incidents would be settled between then and not involve RideBoom.
GRANTING OF LICENSE AND RESTRICTIONS
- Subject to the Service User’s compliance with the Agreement and Terms and Conditions the Company grants the Service User a limited, non-exclusive, non-transferable license to download, install and use the Services.
- Service User has no right to sublicense the license rights so granted and agrees to run such copy of the Application for the Service User’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 Service User, 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 Service User 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 and Service are trademarks of the Company and no right or license to ownership are granted or transferred to the Service User.
- 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 and Service, the Service User may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms and conditions, conditions, warranties or representations associated with such activity are solely between the Service User 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 Service User and any such third-party.
- The Company does not endorse any sites on the internet that are linked through the Service or 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 and Service to the Service User 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 Service User and the third party providers.
Uploading material to the WEBSite and/or the App
- Any material you upload to the RideBoom Website and/or the App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose, in any medium and through the world. RideBoom also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the RideBoom website and/or the App constitutes a violation of their intellectual property rights, or of their right to privacy.
- You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that would constitute or encourage conduct that would be considered unlawful and/or a criminal offence.
- RideBoom will not be continuously monitoring user content published on the RideBoom website and/or the App by you, or moderating between users, nor shall it be under an obligation to do so. You acknowledge and agree that RideBoom will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the RideBoom website and/or the App.
Viruses, hacking and other offences
- RideBoom does not guarantee that its website and App will be secure or free from bugs or viruses.
- You must not misuse the Website and/or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the website and/or the App, the server on which the website and/or the App are stored or any server, device or database connected to the website and/or the App. You must not attack the website and/or the App via a denial-of-service attack or a distributed denial-of service attack. You should not facilitate or be associated with any parties that may instigate such attacks on RideBoom website or App.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act and other relevant applicable acts. RideBoom will report any such breach to the relevant law enforcement authorities and RideBoom will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and/or the App will cease immediately.
- You are responsible for configuring your information technology, computer programs and platform in order to access the RideBoom website and/or the App. You should use your own virus protection software.
Linking to the Site and/or the App
- You may not link to RideBoom home page or App without its express written consent.
- The Website and the App must not be framed on any other site or app, nor may you create a link to any part of the RideBoom website and/or the App without RideBoom’s prior written consent. RideBoom reserves the right to withdraw any linking permission without notice.
- If you wish to make any use of material on the Site and/or the App other than that set out above, please address your request to email@example.com
Links from the Site and/or the App
- The Website and the App may include links to other web sites, apps or material which is beyond RideBoom’s control and which are owned and controlled by third parties. RideBoom is not responsible for the content on these links, the internet or World Wide Web pages or any other site or app outside the RideBoom website and the App.
- Where the RideBoom website and/or the App contain links to other websites or apps or materials provided by third parties, these links are provided for your information only. These links are provided as a courtesy to RideBoom customers and are not administered or verified in any way by RideBoom.
- Such links are accessed by you at your own risk and RideBoom makes no representations or warranties about the content of such websites or apps and cannot be held liable for the content and activities of these websites or any losses you suffer as a result of using such third party websites.
By entering into this Agreement and using the Application or Service, the Service User 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, other 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 Service User’s violation or breach of any term of this Agreement, or any applicable law or regulation, whether or not referenced herein;
- The Service User’s violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or
- The Service Users use or misuse of the Application or Service.
DISCLAIMER OF WARRANTIES
The Company makes no representation, warranty, or guaranty as to the reliability, timeliness, deliverability, quality, suitability, availability, accuracy or completeness of the Service or Application. The company does not represent or warrant that,
- The use of the Service or Application will be secure, timely, uninterrupted or error-free;
- Already confirmed bookings will be fulfilled (due to Driver booking cancellation);
- The Service or app will meet the service user’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 Service User’s through the Service will meet the Service User’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 Service User’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.
- RideBoom may terminate these Terms and close any account Service User have by giving Service User 7 days’ notice in writing or by email to Service User’s registered email address. Company may also terminate these Terms and close the Service User’s account without notice if the Service User 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 Service User access to RideBoom at any time without notice if Company has reasonable grounds to believe Service User have breached any of these Terms. This shall not limit Company right to take any other action against the Service User that Company consider appropriate to defend Company rights or those of any other person.
- Service User is under no obligation to use the service and may simply choose to stop using it at any time.
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 Service User, 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 Service User on the completeness, accuracy or existence of the Service including any advertised benefits, or as a result of any relationship or transaction between the Service User 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 service user which is a side effect of the main loss or damage and where service user and Company could not have reasonably anticipated that type of loss arising at the time of entering into these terms;
- 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 also not responsible for:
- Failure to provide RideBoom generated rides, 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
- Changes 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.
- Failure to provide RideBoom generated rides, 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:
- RideBoom is not responsible for the behavior, actions or inactions of Drivers which the Service User may use (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.
- 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 Service User to third party transportation providers for the purposes of providing transportation. The Company will not be responsible to assess the suitability, legality or ability of any third party transportation providers and the Service User expressly waives and releases the company from any and all any liability, claims for damages arising from or in any way related to the third party transportation provider.
- The company will not be a party to disputes, negotiations of disputes between the Service User and any third party providers. The company cannot and will not play any role in managing payments between the Service User and the third party providers.
- Responsibility for the decisions by the Service User regarding services offered via the application or Service (with all its implications) rests solely with the Service User.
- The quality of the transportation services scheduled through the use of the Service or Application is entirely the responsibility of the third party provider who ultimately provides such transportation services to the Service User.
- This Agreement may not be assigned by the Service User without the prior written approval of the Company, but may be assigned without the Service User’s consent by the Company to:
- a parent or subsidiary;
- an acquirer of assets;
- a successor by merger.
- Any purported assignment by the Service User in violation thereof shall be void.
- The Service User 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 Service User 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 defense bond of US$ 50Million to be paid to RideBoom upfront before RideBoom take steps to deal with such matters required for the defense.
- 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.
RideBoom may, in RideBoom’s sole discretion, create promotions that may be redeemed for credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that RideBoom establishes from time to time. The terms will be available in RideBoom’s website. The Service User agrees that these promotions:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise);
- may be disabled by RideBoom at any time for any reason without liability to RideBoom;
- may only be used pursuant to the specific terms that RideBoom establishes for such Promotions;
- are not valid for cash; and
- May expire prior to your use.
RideBoom reserves the right to withhold or deduct credits or other features or benefits obtained through the use of these promotions by Service User or any other user in the event that RideBoom determines or believes that the promotion was in error, fraudulent, illegal, or in violation of the applicable Promotion terms or these Terms.
- No joint venture, partnership, employment, or agency relationship exists between the Service User, 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 enforceable to the fullest extent under law.