Rydo Application Terms of Use

Rydo Technologies Pty Ltd ABN 69 611 475 113

  1. Introduction to Terms of Use
    1. These Terms of Use constitute a legally binding agreement (“Terms of Use”) between you, as registered and licensed third party taxi and private car transportation service providers, and Rydo Technologies Pty Ltd ABN 69 611 475 113 which governs the use of the Rydo App.
    2. The Rydo App allows Users to request and access transportation services from registered and licensed third party taxi and private car transportation service providers.
    3. By accessing, downloading and using the App and our Services you agree to be bound by the Terms of Use as set out below.
    4. If you do not accept these Terms of Use you are not authorised to use the Rydo App or our Services.
  2. Meaning of words

In these Terms of Use:

  • App and Rydo App refers to the website and software application “Rydo” which allows users to request and access transportation services from registered and licensed third party taxi and private car transport service providers and which is available to download from the Google Play and Apple stores;
  • BPOINT Payment Service means the payment gateway service operated by Commonwealth Bank of Australia ABN 48 123 123 124 which is subject to the terms & conditions of use located at www.bpoint.com.au/payments/lweisholdway/Pages/Terms;
  • Content includes any information or data submitted by you through the Rydo App and Services and all information and data made available to you by us through our Rydo App and Services;
  • GM Cabs means GM Cabs Australia Pty Ltd ABN ;
  • Intellectual Property means, whether registered or not, all copyright, designs and industrial designs, circuit layouts, trademarks, service marks and commercial names and designations, trade secrets, know-how confidential information, patents, invention and discoveries, literary artistic and scientific works, inventions in all fields of human endeavour, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;
  • Notice includes a disclaimer, a disclosure or other statement, a consent and terms and conditions;
  • Providers refer to registered and licensed third party taxi and hire car providers;
  • related body corporate has the meaning given in the Corporations Act 2001 (Cth);
  • Rydo, weus and our refer to Rydo Technologies Pty Ltd ABN 69 611 475 113 and any of its related bodies corporate to which it says that these Terms of Use apply;
  • Services refer to the services provided by Rydo via the Rydo App including providing Users with access to Providers, and providing Providers with access to Users and the opportunity to provide Users with their transport services;
  • Users refer to individuals who download and use the App and Services, and that may request services from Service Providers;
  • website refers to rydo.com.au and any variation or tailored version of the website created for your use;
  • you refers to you as the Provider that users of the App and our Services are able to request transportation services from; and the singular includes the plural and vice versa.
  1. Provider Liability and Warranties
    1. When accessing and using our Services as a Provider, you acknowledge and agree that you must:
      1. have a legally registered vehicle that is in roadworthy condition and meets the industry safety standards and all applicable motor vehicle requirements;
      2. hold a valid Australian licence to drive;
      3. be authorised and medically fit to operate a motor vehicle;
      4. hold any permits and licences required to operate your taxi or hire car as may apply in all jurisdictions in which you provide transportation services from time to time;
      5. have completed any minimum training required to hold any permits and licences as may apply from time to time; and
      6. have arranged your own insurance from a company incorporated in Australia for:
        1. third party property; and
        2. compulsory third party insurance;
        3. so as to cover any loss, damage and claim of passengers.
    2. You acknowledge that when you access and use our Services, you enter directly into a contract with each individual User you provide transportation services to. We are not responsible or liable to you in any way for the actions, behaviour, omissions or any damage or loss caused by Users when requesting or receiving your transportation services.
    3. You acknowledge and agree that when using the Rydo App and Services, you will not be covered under any insurance provided or held by Rydo.
    4. Rydo will not be held liable nor responsible for any injury, loss or damage experienced by a passenger when using the Services. You confirm and accept this when using our Services, and acknowledge that any claim or action must be brought against you as the Provider and not us.
  1. Providers and Accounts
    1. To access and use our Services, you will have to do so through the approved GM Cabs EFTPOS terminal system and register, by providing certain personal information, including your name, address, mobile phone number, as well details of your license, registered vehicle and insurance and a username, password and bank account payment details;
    2. To use our Services, you must be located within Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart or Canberra;
    3. You are responsible for maintaining the security and confidentiality of your user credential by ensuring that these details remain accurate and up-to-date with GM cabs. See our Privacy Policy for further information on how we will use your personal information;
    4. You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security;
    5. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred by us or another party due to someone else using your account or password;
    6. You may not use anyone else’s account at any time, nor assign or transfer your account to any other person;
    7. You agree to maintain and update your details and information, data and password as required to keep it accurate, current, and complete;
    8. You agree that we may store and use the information and data you provide us (including your name and details of your vehicle, license and insurance as well as bank account payment details) for use in providing you and our Users with access to our Services and maintaining your accounts; and
    9. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Rydo App or via our Services.
  1. Rydo Services
    1. You acknowledge and agree that:
      1. Rydo is not a transportation provider or carrier, and we are not in the business of providing transportation services;
      2. we only provide a platform to introduce Providers to passengers and provide Users the ability to request transportation services from Providers within the area, who may or may not accept to transport Users from their selected pick-up location to their desired final destination for a fee;
      3. we do not guarantee or warrant that there will be a constant flow of Users or passengers requesting transportation services from you; and
      4. when you provide transportation services to a User you enter into a contract directly with that User for those services and Rydo is not a party to that contract.
    2. Through the Rydo App, Rydo provides you with:
      1. the ability for Users to request transportation services from available Providers, who are located near the User;
      2. the ability for Providers to accept or reject User requests for transportation services;
      3. where you accept a User request, access to a passenger to provide transportation services to the User as a registered and licensed Provider; and
      4. the ability to receive a fee from a User for your transportation services, through the BPOINT Payment Service and GM Cabs.
    3. Once you confirm a User’s request, the App allows the User to track the location and progress of your journey in real time.
    4. Users are provided with certain information about their Provider (you) through the App, which may include the registration of your vehicle, your Rydo Provider rating, a photograph of you and the ability to contact you directly.
    5. At the end of trip, Users will receive a final fare payable on the Rydo App, which may include additional fees if they have verbally changed the final destination with the Provider during the course of their journey.
    6. On completion, the User will be asked to use the Rydo Provider rating to evaluate the overall experience of the trip, which considers factors such as cleanliness, comfort, safe driving, navigational skill and behaviour of the driver.
    7. If you have any concerns or want to lodge a complaint regarding a particular User, passenger or Rydo experience you must do so within twenty-four hours of the relevant booking.
  1. Provider obligations
    1. You agree and warrant that you will provide us information that is true, complete and accurate.
    2. It is your responsibility to verify the identity of the User passenger, confirm the booking and be available at the requested pick-up location.
    3. When using the Services you must treat Users and any accompanying passengers with respect and not engage in any unlawful, threatening, harassing, obscene, abusive behaviour or activity or any behaviour which we reasonably believe could damage our reputation.
    4. You must comply with all applicable road laws and regulations as well as any applicable regulations and responsibilities as a registered taxi driver or private car. This includes all relevant requirements of the Passenger Transport Regulation 2007 (NSW), Transport (Taxi-cab) Industry Accreditation Regulations 2007 (VIC), Metropolitan Taxi-Cab Regulations 1992 (SA), Transport Operations (Passenger Transport) Act 1994 (QLD), Taxi Regulations 1995 (WA), Road Transport (Public Passenger Services) Regulation 2002 (ACT) and Taxi Industry Regulations 2008 (TAS).
    5. If your GM Cabs EFTPOS terminal is stolen or lost, you must immediately notify Rydo and request your Rydo account be cancelled or suspended in order to prevent any unauthorised use of the Rydo App or Services.
    6. You must not harm or attempt to harm the App or its functions or Services in any way, including but not limited to:
      1. removing or altering any copyright, trademark, logo or other proprietary notices or labels from any part of the App;
      2. modifying, adapting, encrypting, decompiling, tampering or reverse engineering all or any part of the App;
      3. reproducing or making derivative works based on the App;
      4. distributing, licensing, leasing, selling, reselling or otherwise exploiting the Services and the App; and
      5. attempting to gain unauthorised access to or impairing any part of the Services, App and related systems or networks.
  1. License to use
    1. We grant you a non-exclusive licence to use the Rydo App and access the Services only for your personal use and solely for the purpose of obtaining access to passengers and potential Users of your transportation services as a Provider.
    2. The licence granted under section 7(a) is for the period corresponding to the period for which you access, download and use the Rydo App or until such time as these Terms of Use are terminated (whichever is the earlier).
  2. Fees and payment
    1. You may have access to the Rydo platform free of charge, but you may be subject to data or other mobile phone network costs.
    2. When using the Rydo App to provide transportation services to a User, the User must pay you the final fee levied for these services. Payment may be made either:
      1. directly to you, by way of cash, credit card or EFTPOS using the payment facilities in your vehicle; or
      2. through the Rydo App, by credit card via the BPOINT Payment Service.
    3. Rydo may charge you a fee for each User trip you provide through the Rydo Services. Details of how the fee is calculated are available here.
    4. If a User cancels their booking after you have accepted or they are not available at the pick-up location nominated by them (including if they accept the services of another driver in the vicinity in error), a cancellation fee of up to 50% of the total fare, but no more than $10 may be charged to the credit card registered on the User’s Rydo App or this fee may be added onto the final fare of their next booking.
    5. You acknowledge and agree to be bound by the fees prescribed by Rydo for the provision of your transportation services. If a variation in the estimated or set fee as prescribed by Rydo is necessary and justified, any changes to the fee charged to the User must be reasonable and accepted by the User.
    6. Additional fees may be charged where:
      1. a User verbally changes their final destination after a Provider has accepted their trip. Fees will be reasonably dependent on the User’s new desired destination; and
      2. a User or accompanying passengers cause damage to your vehicle.
    7. Any additional charges must be reasonably charged in accordance with your supply terms and subject to any regulatory or legal requirements. These additional charges may only be charged through the Rydo App if reported to Rydo within twenty-four hours of the relevant booking and approved by Rydo as reasonable charges.
    8. All amounts payable for the Services provided by Rydo are inclusive of Goods and Services Tax (GST). Where not marked inclusive of GST, an amount payable must be increased by the amount of GST payable.
  3. Limitation of liability
    1. Nothing in these Terms of Use is or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be lawfully modified, limited or excluded. This may include the Australian Consumer Law, which contains guarantees that protect consumers who buy goods and services in certain circumstances.
    2. To the extent permitted by law, we exclude the application of all other guarantees, terms, conditions, warranties, undertakings, inducements and representations express or implied by statute or otherwise.
    3. You agree that you do not rely on any guarantee, term, condition, warranty, undertaking, inducement or representation made by us or on our behalf which is not expressly stated in these Terms of Use.
    4. Where any legislation implies or imposes a guarantee, term, condition, warranty, undertaking, inducement or representation in relation to this document and we are not able to exclude that guarantee, term, condition, warranty, undertaking, inducement or representation (Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to (at our election):
      • in the case of goods, the repair or replacement of the goods or the supply of equivalent goods (or the payment of the cost of doing so); and
      • in the case of services, the supplying of the services again (or the payment of the cost of doing so).
    5. Subject to our obligations under the Non-Excludable Provisions and section 9(a), our maximum aggregate liability to you in respect of any one claim or series of connected claims under these Terms of Use or in connection with its subject matter, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, or under an indemnity or otherwise is limited to $100.
    6. Subject to our obligations under the Non-Excludable Provisions, we will not be liable to you for any incidental, special, punitive, consequential or indirect loss or damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Rydo App or our Services.
    7. Subject to our obligations under the Non-Excludable Provisions,  neither we, nor any of our employees, agents or officers are liable to you for any direct or indirect loss or liability, or any costs, charges or expenses you incur in connection with or arising from:
      1. information published, displayed or available through our Rydo App or provided via our Services;
      2. any action taken, failure to act, decision made or reliance by you on the basis of the Content and the data and information in the Rydo App and provided through the Services;
      3. any modification, suspension or discontinuance of the Rydo App or our Services;
      4. any errors or delays in the Content, or for any actions you or third parties may take in reliance on it;
      5. your provision of any services or offerings to any individual or group referred by us to you via the Rydo App or our Services.
  4. Indemnity
  1. You agree to indemnify, and hold us harmless from any claims, actions, losses or demands relating to or arising out of your use of the Rydo App and Services, including:
    1. any Content you submit through the Rydo App or Services;
    2. your use or misuse of the Rydo App or Services;
    3. any violation of these Terms of Use by you;
    4. any violation of third party rights, including the rights of Users or passengers by you; and
    5. any unlawful, wilful or negligent act or omission by you.
  1. Disputes
    1. In the event that there is a dispute or complaint between you and a User in relation to the transportation services provided, then we will use our best efforts to investigate the dispute and assist you and the User to resolve the dispute.
    2. It is your obligation to notify us of any dispute promptly and within 48 hours of the relevant incident. You may do so by contacting Rydo:
      1. via email support@rydo.com.au; or
      2. by telephone 131 001
  1. Rydo App security
    1. We do not guarantee that information transmitted over the internet and/or through the Rydo App is totally secure. Therefore, when you send us information you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems but we do not guarantee that it is secure.
    2. Your use of our Rydo App and our Services is at your own risk. We do not guarantee that our software application is free from viruses, or that access to our Rydo App or Services will be uninterrupted. You should therefore ensure that your equipment is protected from viruses and any other interference that could damage your equipment.
  2. Information about you & your privacy
    1. When you download and use our Rydo App, we may collect personal information about you, including your bank account payment details. Ordinarily, we tell you the purposes for which we collect that information when it is collected. As a general rule, we only collect such information which is necessary for us to provide our Service to you or to maintain our relationship with you.
    2. Your personal information will not be shared by us with any other person or organisation, except our related bodies corporate, licensees, drivers and suppliers, so that we may adopt an integrated approach to our customers. We will not disclose your personal information to overseas recipients.
    3. Our Privacy Policy sets out how we collect and deal with personal information generally, including our use of cookies on your device. Our Privacy Policy contains information about how you may access your personal information that is held by us and seek the correction of that information, as well as, information about how you may complain about any breach of the Australian Privacy Principles by us.  If you have any queries about the collection, storage, use or disclosure of your personal information by us please contact us at privacy@rydo.com.au.
    4. By downloading and using the Rydo App you acknowledge and agree with our Privacy Policy, and consent for us to collect and disclose your personal information as necessary to provide our Service to you.
  1. Third party websites
    1. The Rydo App may contain links to other products and services of third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.
    2. To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website, application or the goods and services (including software) offered by a third party or any information appearing in any product or service we may offer.
    3. We may receive payments from third parties in relation to goods or services supplied or received as a result of users and third parties accessing any links to third party applications or websites contained in our Rydo App or website.
    4. Third party applications and websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party application or website.
  2. Intellectual Property
    1. You acknowledge all Content and Intellectual Property held, located within and related to our Rydo App and Services is the property of Rydo and protected by Intellectual Property law. Nothing in these Terms of Use conveys or vests to you any interests or ownership in Rydo’s Intellectual Property or Content.
    2. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent.
    3. Our Rydo App includes registered trademarks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent.
    4. By accessing and using the Rydo App and our Services, you agree not to redistribute or resell any Intellectual Property obtained from the Rydo App and Services, without our prior written consent.
    5. You agree that you will not do or cause to be done any act or thing that may impair any of Rydo’s Intellectual Property rights in connection with the Rydo App or Services.
  1. Permitted use and licence
    1. You agree to not use the Rydo App or Services:
      1. for any purpose that is unlawful or prohibited by these Terms of Use;
      2. in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party’s use and enjoyment of the Rydo App or Services;
      3. to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;
      4. to attempt to obtain any materials or information through any means not intentionally made available through our Rydo App or Services;
      5. to transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      6. to impersonate any person or entity;
      7. to transmit or otherwise make available any Content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      8. to transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unless expressly authorised to do so;
      9. to stalk or otherwise harass another; or
      10. to collect or store personal data about other users.
    2. We have the right (but not the obligation) in our sole discretion to:
      1. refuse the transmission of any Content via the Rydo App or Services;
      2. refuse access to or use of the Rydo App or Services;
      3. remove any Content that violates these Terms of Use or is otherwise deemed by us to be objectionable;
      4. preserve or disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property or the personal safety of our staff, other users and the public.
    3. As a condition of your use of our Rydo App and Services, you authorise us to include you or your organisation’s name in our published list of users.
    4. The information in our Rydo App, the Services and these Terms of Use have been prepared in accordance with the laws of the State of New South Wales, and the Commonwealth of Australia. The Rydo App and our services may not comply with the laws of any other State or country.
  1. Termination and modification of Service
  1. We may in our sole discretion immediately suspend, terminate or limit your access to the Rydo App and the Services if:
    1. we deem that you are in breach of the Terms of Use or our Privacy Policy;
    2. you have not paid any fee payable under these Terms of Use on the date they are due; or
    3. we deem that your use of the Rydo App and Services is low and warrants termination of your access.
  2. We will notify you of such suspension, termination or limitation by email within five (5) business days. You agree that we will not be liable to you or any third-party for any termination of your access to the Rydo App or the Services.
  3. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Rydo App and Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
  1. Notice
    1. Rydo may give Notice under these Terms of Use by means of notice on the Rydo App or website, or by email.
  1. Jurisdiction, Severability and Waiver
    1. These Terms of Use will be construed in accordance with the laws in force in the State of New South Wales, and we both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
    2. If any provisions of these Terms of Use become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect.
    3. Any failure or delay by Rydo in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.
  2. Changes to these Terms of Use
    1. This statement sets out our current Terms of Use. It replaces any other Terms of Use which we have previously issued.
    2. These Terms of Use may be updated by us at any time. You are responsible for checking these Terms of Use regularly so you are aware of any updates that we have made to them. If you do not agree with any of the updated Terms of Use, you may stop using the Rydo App at any time and deinstall the Rydo App from your device.
    3. Changes to the fee schedule will take effect 30 days after this change is published on our website.
    4. We suggest you periodically review our Terms of Use for any changes.
    5. All information within the Rydo App and provided with the Services is subject to change without notice.
  3. Contacting us

If you have any questions regarding these Terms of Use please contact us at info@rydo.com.au.

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