The terms and conditions contained in this document (the Terms) govern the relationship between you and Pick My Ride Pty Ltd (PMR). By registering an Account and/or making a Booking you agree to comply with and be bound by these Terms.
In these Terms the following words have the following meanings:
Account means your user account as described in clause 3.
Booking means a request by you for the provision of the Services as described in clause 3.
Business Day means any day which is not a Saturday, Sunday or public holiday in the state or territory in which the Services are provided to you.
C Class Licence means a C class driver licence as issued by the NSW Roads Maritime Service, or an equivalent driver licence issued by any other state or territory in Australia.
Device means a communications device in the nature of a mobile telephone or tablet computer.
Driver means a driver who will provide the
Driving Services means the services to be provided by the Driver in driving you and your vehicle to a desired location, as further described in clause 3.1.
Destination means the destination to which you wish the Driver to drive you and your Vehicle as notified to PMR when making a Booking.
Fee means the amount discussed in clause 5.
Following Vehicle means the vehicle used by a Driver to get to your Start Location which will then follow the Driver and You as the Driver drives your Vehicle to the Destination before collecting the Driver
Intellectual Property includes but not limited to:
(a) inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, Technology, processes, methods or techniques;
(b) copyright (including future copyright) throughout the world in all literary works, artistic works, computer Software, and any other works or subject matter in which copyright subsists and may in the future subsist;
(c) confidential information and trade secrets;
(d) trade and service marks (whether registered or unregistered), business names, trade names, domain names, logos and get-up;
(e) proprietary rights under the Circuit Layouts Act 1989 (Cth).
Services means the services described in clause 3.
Software means the application known as PMR, downloaded to your Device.
Start Location means the location from which you request the Driver to collect you and your Vehicle when making a Booking.
Third Party Provider means an entity, not being a party to these Term, which is either a Driver, or in the business of providing Drivers to provide services in the nature of the Driving Services.
Vehicle means the vehicle you request a Driver to drive on your behalf pursuant to these Terms.
(a) a reference to “you” is a reference to the person which has purchased, downloaded, installed or used the Services. Where you are a partnership, body corporate, association, governmental or local authority or agency or other entity (other than a natural person) you are responsible ensuring your directors, officers, employees, contractors and/or agents (collectively Your Representatives) comply with the obligations of this Agreement. Any breach of the terms or obligations contained in this Agreement by any of Your Representatives shall be deemed to be a breach of this Agreement by you.
(b) where any word or phrase is given a defined meaning any other part of speech or other grammatical form of that word or phrase has a corresponding meaning;
(c) headings are inserted for convenience and do not affect the interpretation of this Agreement;
(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(e) a reference to a party is to a party to this Agreement, and a reference to a party to this or any other document includes the party's executors, administrators, successors and permitted assigns and substitutes;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
(h) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(i) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it; and
(k) An agreement on the part of, or in favour of, two or more persons binds or is for the benefit of them jointly and severally.
PMR offers a Service where you can use the Software to request that a Driver attend at your location to drive you and your Vehicle to a desired destination. PMR then refers your request to a Third Party Provider to arrange for the provision of the Driving Services.
When making a Booking you will be required to enter a Start Location and an Destination, to enable PMR, a Third Party Provider and/or a Driver to determine whether they wish to accept your Booking.
In the event that a Driver is available then the Driver will attend at the Start Location. The Driver will then inspect your Vehicle to ensure that it complies with the warranties contained in clause 4.1, before the Driver drives your Vehicle to the Destination, with you and any of your companions as passengers.
The availability of the Driving Service is subject to the availability of a Driver at the time and location requested by you and the acceptance of your Booking by a Driver. PMR makes no representations that there will be a Driver available at any desired time or location.
From time to time a Driver may arrive in a Following Vehicle, which then follows your Vehicle to the Destination. A Following Vehicle will not in any circumstances accept any passengers other than the Driver and the Following Driver.
In order to obtain the Services you must first register an account with PMR. At a minimum this will involve you providing your name, mobile telephone number, email address (which will also be your “username”). You will be required to select a password to access your account. You will also be required to provide credit card details to facilitate payment of the Fee.
Failure to provide requested information may prevent you from accessing the Services and/or result in the Services being rendered non-functional. PMR shall be deemed not to have breached these Terms and shall in no way be liable to you for any loss or damage, whether direct or indirect, for failure of the Services occasioned by your failure to provide information, or your provision of incorrect or incomplete information, when creating or updating your account.
Upon creating an account you agree to the following:
(a) To maintain the confidentiality of your username and password; and
(b) To immediately notify us of any unauthorized use of your account, username or password; and you further agree to indemnify us and release us from any liability for any loss or damage to the extent such arises due to your failure to comply with these obligations. This may include paying any Fees incurred by a Third Party using your username and password, where you have provided such to them.
You agree that PMR has the right to suspend or terminate your account, or refuse to provide you with Services, in its sole discretion. Circumstances that might cause it to do so include, but are not limited to: (c) Where PMR is of the reasonable opinion that you have breached these Terms;
(d) Where you have previously failed to pay a Fee, including where there have been insufficient funds available to pay a Fee on your credit card at the time that PMR has attempted to debit the credit card; or
(e) Where you have repeatedly cancelled requests for the Services after making a Booking.
You acknowledge that the Services are a referral service only, by which your Booking is referred to a Third Party Provider who either provides, or engages a Driver, to provide the Driver Services, and that each Third Party Provider and Driver is an independent contractor and is not an employee or agent of PMR.
You further acknowledge that a Driver is not authorized to bind PMR to any agreement or arrangement other than as specifically mentioned in these Terms. Any such purported agreements are unenforceable against PMR and void.
(a) That your Vehicle is registered;
(b) That any and all insurances that are mandated by any law have been obtained and are in force in relation to the Vehicle;
(c) That you either own the Vehicle or are authorized by the owner of the Vehicle to operate the Vehicle and to authorize the Driver to operate the Vehicle;
(d) That the Vehicle is of a type the operation of which can be driven by the holder of a C Class Licence;
(e) That you and any intended passengers of the Vehicle (excluding the Driver) will not act in a manner which might reasonably result in the Driver infringing any rules or laws relating to the operation of a vehicle;
(f) That you and any intended passengers of the Vehicle (excluding the Driver) will not act in an offensive manner, either to the Driver or any member of the public; and
(g) That your vehicle is in a roadworthy state, including that:
(i) All external lights (including indicators, headlights, break-lights, reversing lights and the like) are in full working order;
(ii) That your car is in full working order (including that there are no warning indicators in the nature of a check-engine light or similar, which might indicate a fault with the vehicle);
(iii) Your Vehicle has a seat belt for each intended passenger (including both yourself and the Driver); and
(iv) That your Vehicle will have sufficient fuel to complete the journey from the Start Location to the Destination. If fuel is insufficient then you may request driver to pull into a service station. You will be responsible for putting fuel in the vehicle and paying for it.
PMR grants you a Licence to install and use the Software. This Licence allows you to install copies of the Software on an unlimited number of Devices, subject to these Terms.
It is a condition of your use of the Software that you not misuse the Software or use it in contravention of any law. Examples of misuse include, but are not limited to, any use which:
(a) Violates or infringes the Intellectual Property rights or any other rights of any person;
(b) Involves the production, publishing or transmission of any material which is unlawfully pornographic, indecent or which breaches any law relating to the prohibition of discrimination or bigotry whether on the grounds of race, gender, religion, sexual orientation or otherwise;
(c) Is unlawfully defamatory;
(d) Is in violation of any law in force in Australia;
(e) Involves the transmission of unsolicited or unauthorized marketing, advertising or promotional material;
(f) does or attempts to transmit or install any virus, worms, Trojan horse, malicious software or any other software or computer code or files designed or intended to disable, destroy or interfere with any software or equipment;
(g) Uses automated scripts, sliders, lots or similar means to harvest or collect information from the Services; or
(h) Interferes with or disrupts the Services, software system or any network, whether operated by PMR or any other person, for example by sending a virus, overloading, flooding, spamming or mail-bombing any such site and/or network cycle.
From time to time it may become necessary for PMR to update or release new versions of the Software (collectively the Updates) either to add functionality or to rectify errors which have become apparent with the Software. In such circumstances PMR may require you to install the Updates and your ability to use the Services may be limited or suspended until you install the Updates. In some circumstances PMR may elect, at its sole discretion, to cancel any Account that you have with PMR until such time as you install the Updates.
In addition to the above paragraph, PMR may elect, at its sole discretion, not to provide support for previous versions of the Software where an Update has been made available and not installed by you. In such circumstances you release PMR from any and all liability for loss or damage, whether direct or indirect, to you or any other person incurred as a result of PMR refusing to provide support for a version of the Software which has been superseded by an Update.
The downloading, installation and use of any Updates is subject to these Terms.
From time to time the Software may contain references or links to websites or resources provided by third parties (collectively Third Party Resources). PMR makes no representations or warranties as to the availability, legality, appropriateness, accuracy or efficacy of the Third Party Resources. When you access or use Third Party Resources you do so entirely at your own risk. You release PMR from liability, whether direct or indirect, for any loss or damage suffered by you or any other person as a result of your reliance on, access of or other use of any Third Party Resources.
You may not assign, transfer or novate your rights under these Terms or to the Services to any third party nor may you sell, lease or sublicense your rights under these Terms to the Services.
You must not attempt to reverse engineer, disassemble or otherwise attempt to derive or access source code from the Software.
You must only use the Software for its ordinary use in accordance with the purposes for which it was provided to you by PMR and in compliance with any directions and/or guidelines made available to you by PMR.
You must not seek to alter or modifying the Software or to create any alternative or derivative work based on, incorporating, or relating to the Software. This includes a restriction on translating software into any language other than English.
In the event of a breach of this provision you immediately assign any and all rights to any improvements, alterations or other changes, including new developments, in any way related to the Software, to PMR; whether or not such changes or new developments legally constitute adequate differences to be considered new Intellectual Property. You shall take all steps necessary to ensure such rights vest in the PMR.
You recognise that all Intellectual Property used on or in relation to the Software is the property of PMR.
You will not do or permit to be done any act or thing which might in any way impair or infringe the goodwill or other rights of PMR in the Intellectual Property, or which might otherwise prejudice or damage the reputation of such Intellectual Property.
To the extent permitted by law, unless specifically agreed to in writing by PMR, PMR makes no warranties, express or implied, in relation to the Services, or its suitability for any purpose save as detailed in these Terms. Specifically PMR makes no warranty that the Software or Services will be error free or free from interruption, delay or communications failure.
To the extent permissible by law PMR makes no warranties and you release PMR from any liability, whether direct or indirect, for any loss or damage relating to any problems or difficulties relating to the Software due to internet connections, telephone lines, computer systems, Devices, third party service providers (including internet service providers) or any technical problems or traffic congestion on the internet or any website, save to the extent such is caused by PMR.
The Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
To the extent permissible by law PMR, its directors, officers, employees or agents will not be liable to you or any other party for any indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost revenues and profits or loss of business) resulting from this Agreement or from the provision, performance, installation or use of the Services, whether due to breach of contract, negligence or otherwise, even if PMR is advised before end of the possibility of such loss or damage.
You agree to indemnify and hold PMR harmless from all claims, judgements, liabilities, damages, expenses or costs arising from your breach of these Terms, any other agreement relating to your installation, downloading or other use of the Software, use of the Services and/or your acts or omissions, whether negligent or otherwise. Such expenses or costs may include, but not limited to, any legal fees incurred by PMR on a solicitor/client basis.
If you are in breach of this Agreement, PMR may, in addition to, or as an alternative to terminating the Services (such determination to be at PMR’s sole discretion):
(a) Suspend and/or cancel any Account that you have with PMR;
(b) Be regarded as discharged from any further obligations under these Terms; and
(c) Pursue any additional alternative remedies provided by these Terms or any law.
Termination of these Terms or your account or any other agreement between you and PMR will not release you from the obligations of this Agreement regarding the use of the Services or from any liability or right of action which at the time of expiry or termination has already accrued to PMR or which may thereafter accrue in respect of any act or omission prior to such termination.
This Agreement will be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State New South Wales, Australia and courts of appeal from them for determining any dispute concerning this Agreement or the transactions contemplated by it.
Each party waives any right it has to object to an action being brought in those courts including, but not limited to, claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
This provision applies in respect of reading down or severing the provisions of this Agreement.
A word or provision must be read down if the Agreement or provision is void, voidable, or unenforceable if it is not read down and the word or provision is capable of being read down.
A word or provision must be severed if, despite the operation of the above paragraph the Agreement or provision is void, voidable or unenforceable if the word or provision is not severed and the remainder of this Agreement has full effect even if this paragraph applies.
If you have any queries regarding this Agreement or the Services then you may contact PMR by the following means: Email: firstname.lastname@example.org