Terms

App Promotion Terms and Conditions

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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 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 hire car 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 hire car 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;
  • 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, we, us 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 access to transportation services from registered and licensed third party taxi and hire car 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 user of the App and our Services; and
  • the singular includes the plural and vice versa.
  1. Users and Accounts
    1. To access and use our Services, you will have to download the Rydo App onto a compatible mobile device and create a new user account, by providing certain personal information, including your name, address, mobile phone number, as well as a username, password and payment details;
    2. To create a user account with Rydo you must be at least 18 years of age or otherwise have valid parental consent to utilise our Services if you are underage. As such, if you create an account you will be deemed to have received parental consent;
    3. To use our Services, you must be located within Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart or Canberra;
    4. You are responsible for maintaining the security and confidentiality of your user credential and password and ensuring that these details remain accurate and up-to-date. See our Privacy Policy for further information on how we will use your personal information;
    5. 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;
    6. 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;
    7. You may not use anyone else’s account at any time, nor assign or transfer your account to any other person;
    8. You agree to maintain and update your user information, data and password as required to keep it accurate, current, and complete;
    9. You agree that we may store and use the user information and data you provide us (including payment card information) for use in maintaining your accounts and for billing fees to your payment card;
    10. You acknowledge and agree that we may establish general practices and limits for the use of the Rydo App and Services, including without limitation:
      1. the maximum number of days that Content will be retained;
      2. the maximum disk space that will be allotted on our servers on your behalf; and
      3. the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time; and
    11. 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 passengers to Providers and provide you the ability to request transportation services from Providers within the area, who may or may not accept to transport you from your selected pick-up location to your desired final destination for a fee;
      3. we do not guarantee or warrant that Providers will be available when you need them or that Providers will be able to provide you their services within any period of time, any level of quality or to your satisfaction; and
      4. when you receive transportation services from a Provider you enter into a contract directly with that Provider for those services and Rydo is not a party to that contract; and
      5. we are not responsible or liable to you in any way for the actions, behaviour, omissions or any damage or loss caused by Providers when providing or failing to provide you their transportation services.
    2. Through the Rydo App, Rydo provides you with:
      1. information about transportation services offered by registered and licensed Providers;
      2. information about Providers to enable you to request transportation services from Providers;
      3. the ability to request transportation services from available Providers, who are located near you;
      4. where your request is accepted, access to transportation services from registered and licensed Providers;
      5. the ability to rate your experience and Provider; and
      6. the ability to pay a Provider a fee for their transportation services, through the BPOINT Payment Service.
    3. Once you have entered both your pick-up and final drop-off destinations, selected a Provider, and confirmed the request, the Provider is able to locate you through the Global Positioning System (GPS) receiver in your mobile phone device. When the Provider accepts your trip request, the App allows you to track the location and progress of the Provider’s journey in real time.
    4. You are provided with certain information about your driver and Provider through the App, which may include the registration of the vehicle, the Rydo Provider rating, a photograph of the relevant driver, and the ability to contact the driver directly.
    5. At the end of trip, you will receive a final fare payable on the Rydo App, which may include additional fees if you have verbally changed the final destination with the Provider during the course of your journey.
    6. On completion, both you and the Provider 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 your fare or Rydo experience you must do so within twenty-four hours of your booking, otherwise you may be charged the final fare on the nominated credit card registered on your Rydo App.
  1. User 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 Provider, confirm the booking and be available at the requested pick-up location.
    3. If you no longer wish to proceed with your booking, you must cancel it as soon as practicable, which may incur a cancellation fee in accordance with section 7(i).
    4. When using the Services you and any accompanying passengers must treat Providers with respect and not cause damage to their vehicles or engage in any unlawful, threatening, harassing, obscene, abusive behaviour or activity or any behaviour which we reasonably believe could damage our reputation.
    5. You and any accompanying passengers must comply with all applicable laws as well as any terms and conditions of Providers’ transportation services, including minimum standards of behaviour and intoxication.
    6. You agree that any damage caused by you or other passengers travelling with you in a Provider’s vehicle will incur additional charges, including any cleaning costs due to your or other passengers’ behaviour.
    7. If your mobile phone 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.
    8. 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 transportation services from registered and licensed third party taxi and hire car providers.
    2. The licence granted under section 6(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 download the Rydo App free of charge, but you may be subject to data or other mobile phone network costs.
    2. When using the Rydo App to obtain transportation services from a Provider, you must pay the Provider the final fee levied for these services. Payment may be made either:
      1. directly to the Provider, by way of cash, credit card or EFTPOS using the Provider’s payment facilities in their vehicle; or
      2. through the Rydo App, by credit card via the BPOINT Payment Service.
    3. If you elect to pay by a registered credit card on the Rydo App, you acknowledge that your credit card details are valid and are verified by the BPOINT Payment Service subject to the terms & conditions of use by BPOINT located at bpoint.com.au/payments/lweisholdway/Pages/Terms. Rydo and BPOINT will validate your credit card by charging and reversing a $1 charge to ensure that the credit card is valid.
    4. You acknowledge that the metered fare and fees are regulated by governmental bodies and may exclude toll-road fees and surcharge fees for non-cash payments of fares, which is not at the discretion of Rydo, nor the Provider.
    5. You acknowledge and agree that the “Estimate Fare” provided on the Rydo App when confirming a booking is merely an estimate and the final fee payable to the Provider is dependent on other variables such as time, distance, route driven, tolls and traffic which may increase the fare payable by you.
    6. You acknowledge and agree that when specifically booking a hire car, the “Set Rate” indicated on the App in the booking process is the fee that will be charged to you once your booking request has been accepted. This fee is inclusive of the discount or tip, and subject to any additional charges that the Provider may validly impose on you, including tolls. Set Rates are calculated independently by Rydo, and are comparative to those charged in the hire-car industry.
    7. When accepting your trip request, Providers may make bids on the fee payable by you for the transportation services required to transport you to your desired destination and you are able to select the lowest bid at your discretion.
    8. You understand you may incur a booking fee charge for a booking accepted by a Provider, however you will be made aware of this charge prior to your trip and can elect whether you wish to proceed on the Rydo App.
    9. If you cancel your booking after the Provider has accepted or you are not available at the pick-up location nominated by you (including if you 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 your Rydo App or this fee may be added onto the final fare of your next booking.
    10. You agree that if you have verbally changed your final destination after the Provider has accepted your trip, you may be charged with any additional fees dependent on your new desired destination.
    11. You agree that the Provider may impose additional fees in relation to any damage to their vehicle caused by your behaviour or the passengers travelling with you.
    12. You acknowledge that full payment of the levied fee must be made, and that any attempts to evade payment of a fare may be reported by us or the Provider to the police.
    13. 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. To the extent permitted by law, we exclude the application of all terms, conditions, warranties and representations express or implied by statute or otherwise.
    2. We will not be liable to you for any incidental, special, punitive, consequential or indirect 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.
    3. 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. our supply and your use of our Rydo App or our Services;
      3. 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;
      4. any modification, suspension or discontinuance of the Rydo App or our Services;
      5. any errors or delays in the Content, or for any actions you or third parties may take in reliance on it;
      6. your use of any services or offering provided by any individual, firm or company or Provider referred by us to you via the Rydo App or our Services.
    4. This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.
    5. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
      1. the supply of the Services again, or
      2. the repayment of the fee you paid to us for the supply of the Services in the 12 months preceding the date of the relevant breach.
  1. 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;
  • any violation of these Terms of Use by you or passengers that travel with you;
  1. any violation of third party rights, including Providers by you or passengers that travel with you; and
  2. any unlawful, wilful or negligent act or omission by you or passengers that travel with you.
  1. Provider Liability
    1. You acknowledge and agree that:
      1. when using the Rydo App and Services, you will not be covered under any insurance provided or held by Rydo;
      2. Rydo does not guarantee that Providers will have their own insurance to cover any loss, damage or claim of passengers; and
      3. Rydo does not guarantee that Providers have a legally registered vehicle that is in roadworthy condition or licence to drive.
    2. You acknowledge that when you access and use our Services, you enter directly into a contract with the relevant Provider for their Services. We are not responsible for the behaviour, actions or inactions of Providers you use through the Rydo App.
    3. 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 must bring any claim or action against an individual Provider, rather than us.
  1. Disputes
    1. In the event that there is a dispute or complaint between you and a Provider in relation to the transportation services provided, then we will use our best efforts to investigate the dispute and assist you and the Provider 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
      2. by telephone 131 001; or
      3. in writing to- FAC House, Ground Floor CNR of Seventh Street and Keith Smith Drive, Mascot NSW 2020
  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 credit card or 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. 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 forms part of these Terms of Use, and if inconsistent with these Terms of Use, these Terms of Use will take precedence.
    3. 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. move any Content that is available via the Rydo App or Services;
      4. to remove any Content that violates these Terms of Use or is otherwise deemed by us to be objectionable;
      5. 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. We may amend these Terms of Use (including the fee schedule and premium service schedule) at any time. If we do, we will publish the amended version in the Rydo App or on our website (rydo.com.au). By accepting these Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of the Rydo App, our website and Services will constitute your acceptance of those amendments.
    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.