1. AGREEMENT
(a) These terms of use (Terms) govern your use of the Heymate Carpooling application (the Platform) and any other services made available through the Platform, including rideshare services (Services).
(b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Platform (you or User) and us, Hey Mate Carpool Pty Ltd ABN 46 679 741 934(Hey Mate Carpool Pty Ltd (trading as Heymate Australia), we or us).
(c) If you do not agree to these terms, please do not use the Platform.
(d) We may change these Terms at any time by updating this webpage, and your continued use of the Platform following such update will represent an agreement by you to be bound by the Terms as amended.
2. ACCOUNTS
2.1 ACCOUNT REGISTRATION
(a) In order to use most of the functionality of the Platform, all Users are required to register and receive an account through the Platform (an ‘Account’).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, which will be dealt with in accordance with our privacy policy.
(c) You warrant that any information you give to Heymate Carpooling in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Account registration process, Heymate Carpooling may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(e) Heymate Carpooling reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
2.2 ACCOUNT RULES
As a User of the Platform, you agree:
(a) to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of Heymate Carpooling;
(b) to not share your Account with any other person;
(c) you will be solely responsible for any activities that occur under your Account;
(d) that any use of your Account registration information by any other person is strictly prohibited;
(e) to immediately notify Heymate Carpooling of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(f) you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another User at any time;
(g) that you are solely responsible for your mobile phone, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
(h) to receive marketing materials and other communications from Heymate Carpooling, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
(i) not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services;
(j) not to harass, impersonate, stalk, threaten, bully or endanger any other User;
(k) to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
(l) you will not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Heymate Carpooling;
(m) to not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(n) you must not make any automated use of the Platform;
(o) not to act in any way that may harm the reputation of Heymate Carpooling or associated or interested parties or do anything at all contrary to the interests of Heymate Carpooling or the Platform;
(p) you are solely responsible for your use of the Platform, including for:
(i) if you are a Rider, requesting, confirming, booking and using and ceasing to use a Driver; and
(ii) if you are a Driver, accepting offers to provide, and providing, services; and
(q) that in making or receiving any payments via the Platform, you warrant that you have read, understood and agree to be bound by the terms and conditions of any applicable payment service provider, or the terms of use of other payment methods from time to time, that will be available on their website.
3. TERMS FOR DRIVERS
3.1 GENERAL
If you are a Driver:
(a) you can use the functionality of the application to make offers to provide driving services to Riders (Driving Offer);
(b) such Driver Offers can only be made when you are genuinely available to collect any passenger from and to the location you specify; and
(c) you must not list drive with a Rider for more than 8 hours in one 24 hour period and you must take a break of 15 minutes every two hours.
3.2 VEHICLE REQUIREMENTS
If you are a Driver, you represent and warrant that your vehicle:
(a) is able to achieve a 5 star ANCAP safety rating;
(b) has 4 outward opening doors with external handles;
(c) is no older than 10 years old;
(d) has a minimum of 5 seats which includes the driver’s seat and working non-frayed seat belts for the Driver and all passengers/Riders;
(e) is registered in the driver’s name or be registered in a business name where the driver is named on the business’ insurance policy;
(f) is registered in any Australian state or territory;
(g) is covered by compulsory third party personal injury insurance, including for commercial ridesharing purposes;
(h) is covered by third party property or comprehensive insurance, including for commercial ridesharing purposes;
(i) does not have any significant internal or external wear and tear, such as, but not limited to, upholstery stains or significant body scratches or dents;
(j) does not have any non-compliant aftermarket modifications;
(k) does not have any commercial branding;
(l) is not a convertible, ex-taxi, instructor vehicle, or commercial vehicle such as a bus, truck or utility van; and
(m) complies with the vehicle requirements published by the official transport authority in your area, as updated from time to time.
3.3 PERSONAL REQUIREMENTS
If you are a Driver, you represent and warrant that you:
(a) are at least 21 years old;
(b) have held an unrestricted Australian driver licence for at least a minimum of 1 year;
(c) have an iOS or Android smartphone;
(d) consent to any background checks such as, but not limited to, a criminal history and driving history check, and complete Heymate Carpooling’s identity verification (KYC) process by providing a valid Australian government-issued photo ID;
(e) have all necessary insurances, licenses, permits and approvals to provide transportation services to third parties;
(f) own or have leased a personal vehicle which meets the requirements in clause 3.2; and
(g) meet all the Driver requirements published by the transport authority in your jurisdiction, as updated from time to time.
4. TERMS FOR RIDERS
If you are Rider:
(a) you may, at any time, chose to list a request specifying your pick up location and drop off location (Request to Ride), which will be distributed to the closest Driver (and so on until a Driver accepts your Request to Ride);
(b) you must at all times behave in a manner that is respectful and courteous to the Driver;
(c) if you are feeling unwell, it is your responsibility to notify the Driver (and the Driver may, in its absolute discretion, refuse to provide the services to you); and
(d) you must not graffiti, deface, or otherwise cause damage to the vehicle. If you cause damage to a Vehicle, you will be liable to pay the costs of cleaning or repair work, in the Driver’s absolute discretion.
5. FEES AND PAYMENT PROCESS
(a) Using the Platform and creating an Account is free.
(b) As part of registering for an Account, you must provide a Nominated Bank Account which will be direct debited or credited (as applicable) at the completion of a Ride.
(c) When a Driver lists a Request to Ride, the Platform will generate a price range within which the actual Ride Fare will fall depending on the time taken to complete the Services (Ride Fare).
(d) Heymate Carpooling will keep a commission of the Ride Fare, at a specified percentage rate set out on Heymate Carpooling’s Website or as notified to the Rider and Driver via the Platform (Introduction Fee).
(e) Heymate Carpooling processes payments through Stripe, PayPal, or another third party payment provider notified to you from time to time (Online Payment Partner). In addition to these Terms, payments made via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website.
(f) Once a Driver completes a Driving Route or Request to Ride, the Online Payment Provider will:
(i) debit the Rider’s Nominated Bank Account;
(ii) deduct the Introduction Fee and provide that amount to Heymate Carpooling (minus any fees imposed by the Online Payment Provider payable by Heymate Carpooling); and
(iii) provide the total of the Ride Fare minus the Introduction Fee to the Driver.
(g) Amounts payable and receivable in accordance with this clause may take up to 5 business days to be processed.
6. CANCELLATIONS
(a) You must not cancel a Service after the relevant Request to Ride has been accepted.
(b) To the maximum extent permitted by law, Heymate Carpooling will have no liability or obligation to you if a Service is cancelled and you will not be entitled to any compensation from Heymate Carpooling.
(c) If a Service is cancelled by a Rider after a Request to Ride has been accepted but before the Driver collects the Rider, the Rider must pay 50% of the upper limit of the price estimate made in accordance with clause 5(c), as a genuine estimate of the loss suffered by the Driver. Heymate Carpooling will take the Introduction Fee from this amount.
(d) If a Service is cancelled by a Driver after a Request to Ride has been accepted but before the Driver collects the Rider, the Driver must give details of the reason for the cancellation. Heymate Carpooling may, without being under any obligation to do so, investigate the cancellation and Heymate Carpooling may decide to cancel the Driver’s Account.
7. RELATIONSHIPS
7.1 INTRODUCTION SERVICE
Heymate Carpooling is a medium that facilitates the introduction of Riders and Drivers for the purposes of making arrangements to fulfil Service offerings. Heymate Carpooling simply collects an Introduction Fee in consideration for providing this introduction service and does not have any obligations or liabilities to Riders and Drivers in relation to such Services, except as required by applicable law.
7.2 LINKED BUSINESS
You acknowledge and agree that:
(a) the Platform provides links and introductions to Drivers who are third parties and who are not under the control of Heymate Carpooling;
(b) the provision by Heymate Carpooling of introductions to Drivers does not, to the maximum extent permitted by law, imply any endorsement or recommendation by Heymate Carpooling of any Driver; and
(c) Heymate Carpooling does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Driver who uses or is listed on the Platform.
7.3 BYPASSING
(a) You must not communicate with another User, or request or entice a User to communicate with you, outside the Platform.
(b) Heymate Carpooling may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.3.
8. CYBER SECURITY
Heymate Carpooling does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
9. DISCLAIMER
(a) (Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Heymate Carpooling’s liability for breach of that non-excludable condition, warranty or guarantee will, in its absolute discretion, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(b) (Indemnity) You agree to indemnify Heymate Carpooling and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by the Driver, the Rider or any third party arising from you or your representatives’ breach of these Terms.
(c) (Consequential loss) To the maximum extent permitted under applicable law (including the Competition and Consumer Act 2010 (Cth)), under no circumstances will either party be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter, or any services provided by any Driver.
10. DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Heymate Carpooling. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility regardless of the outcome of that complaint or dispute.
(d) Heymate Carpooling may, in its absolute discretion, appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between the Users that are party to the dispute.
(e) Heymate Carpooling reserves the right to direct the Online Payment Provider to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with Heymate Carpooling, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
11. RECORD/AUDIT
To the maximum extent permitted by law, Heymate Carpooling reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Heymate Carpooling.
12. JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.