Rideminder Australia Pty Ltd ABN 71 654 957 650 (hereafter referred to as Rideminder, we or our) provides a software-as-a-service (SaaS) platform connecting third party transport providers with their customers using advanced web and mobile technology. Customers refers to users who include but are not limited to travellers, guest passengers, travel arrangers, executive assistants, event coordinators and concierge personnel, all of who are hereafter referred to as customers.

Rideminder is a software company facilitating connection between travelling customers, transport providers and drivers engaged by the transport providers. We are not a transport company and do not conduct transport services or operations of any kind.

If you have any queries or concerns about the transport services or operations that you access and use through Rideminder’s platform, you should directly contact the third-party transport provider that you are connected to.

1. General

1.1 It is a condition of using the services provided by Rideminder that you and any of your guest users (together referred to as, you) have reviewed and agree to these Terms and Conditions.

1.2 These Terms and Conditions govern the provision of the following services by Rideminder:

1. (a) access to and use of our technology platform, through a mobile application or web application (together, Platform) that enables you to register, schedule, arrange and pay for transport services with independent third-party transport providers (Transport Operators); and
2. (b) access to and use of support services in connection with your use of the Platform, (together, Services).

By accessing or using the Services you agree to these Terms and Conditions.

You must read and understand these Terms and Conditions fully. However, there are a number of specific terms that we would like to bring to your attention, as set out below:

1. These Terms and Conditions are posted on the Rideminder website [https://www.rideminder.com/terms.html] (Site) and in the mobile app [in the sidebar under ‘Legal’ there is a ‘Terms of Service’ button], and are subject to change from time to time at Rideminder’s discretion. It is your responsibility to familiarise yourself with these Terms and Conditions prior to using the Services. If you do not agree to the current version of the Terms and Conditions, you should not use the Services (clause 12.1).
2. To the extent permitted by the applicable Laws, Rideminder disclaims liability for any loss, damage or expense that may be suffered in connection with: (a) your use of the Services; (b) any information contained in the Platform being incorrect, incomplete or not up-to-date; or (c) loss or corruption of data submitted, uploaded or input in the Platform. This disclaimer does not apply to the extent the relevant loss is caused by Rideminder’s negligent, fraudulent or unlawful act or omission (clause 9.5).
3. To the extent permitted by the applicable laws, (a) Rideminder will not liable to you for any indirect or consequential loss, such as loss of profit or revenue; (b) in respect of any liability under the guarantees or warranties that cannot be excluded by Law, Rideminder’s liability is limited (at our option) to providing you services again, or paying you the costs of acquiring services, which are equivalent to those Services to which that liability relates; and (c) in all other cases, Rideminder’s liability to you is limited to $[5,000] (clause 9.8).
4. You agree to indemnify Rideminder for any loss, damage or expense that we may suffer in connection with: (a) a breach by you of these Terms and Conditions; (b) loss of, or damage to, any property or any personal injury or death; (c) breach by you of any law; or (d) any claim by a third party (including a Transport Operator), arising out of or relating to your use of the Services However, this obligation will not apply to the extent that the relevant loss is caused by Rideminder’s negligent, fraudulent or unlawful act or omission (clause 10.1).

2. Registration And Payment

2.1 As part of the Services, Rideminder facilitates the registration of your profile with the Transport Operators through the Platform. When you register, you will be required to provide valid credit card details. This is completed by way of a link from the Platform through a secure gateway, to payment gateway facilities operated by Stripe Payments Australia Pty Ltd (Stripe). Rideminder itself does not have access to and does not store your credit card information, and neither does the Transport Operator you are connected to.

2.2 While Rideminder does not charge you fees for the Services, the use of the transport services arranged through the Platform will result in charges by the Transport Operator you are connected to. Rideminder will facilitate the payment of Transport Operators’ charges for their services, any cancellation charges and other fees that may be payable to the Transport Operators, as well as any refunds of such charges, if payable by the Transport Operator to you. The agreement between you and the relevant Transport Operator will govern the terms of payment, including the amount and nature of the charges payable and your entitlement to refunds.

2.3 You should keep your credit card details current at all times. Where any payment that you make is declined or has been unsuccessful for any reason, you must use a different credit card. If your payment is dishonoured or reversed, Rideminder may charge you any fees we incur in connection with the dishonoured or reversed payment.

2.4 By agreeing for your debit or credit card payment to be processed through Stripe’s payment gateway, you agree to Stripe collecting, using, retaining and disclosing the personal information in connection with the payment and your interaction with Stripe’s services in accordance with their privacy policy (which can be found on their website - https://stripe.com/en-au/privacy).

3. Location Services

3.1 Where the location services functionality has been activated for the Platform, Rideminder will be able access information about the location of your device and share that information with your Transport Operator. This will enable the drivers engaged by the Transport Operator to more accurately determine the pick-up location for your booking.

3.2 If you do not wish Rideminder or the Transport Operators to access information about your location, you should de-activate the location services functionality by using your browser or mobile device settings.

4. Access From Personal Devices And Security

4.1 If you wish to use the mobile version of the Platform, you acknowledge that its availability depends on a third party from which you obtain the mobile application (App Store). The licence to use the mobile version of the Platform is conditional upon your compliance with any App Store terms and conditions that apply.

4.2 Access to and use of the Platform require internet access, including through the mobile network, if you use the Platform on your mobile device. You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network's data and messaging charges may apply. Such charges are your sole responsibility.

4.3 Rideminder is not liable for any unauthorised use of the Platform on your device, including for any losses you may suffer in connection with such unauthorised use.

4.4 In the event your personal device is stolen, you must promptly contact your credit card issuer to cancel the card that you have registered with the Transport Operator through the Platform.

5. Limitations On Your Use Of The Platform

5.1 You must not use the Services and the Platform in any manner that is not explicitly authorised by these Terms and Conditions. Without limitation, you must not, and must not allow third parties to:

1. (a) reverse-engineer, decompile, disassemble the Platform, or otherwise attempt to derive the source code of the Platform;
2. (b) modify, alter, or create derivative works of the Platform or of any content and material contained within the Platform;
3. (c) introduce any virus, worm, or any other malicious or harmful software, code, or script to the Platform or any related system, database, or network;
4. (d) attempt to gain unauthorised access to the Platform or any related system, database, or network. This includes, but is not limited to, using another person’s login credentials, hacking, or attempting to exploit security vulnerabilities;
5. (e) engage in any activity that interferes with, disrupts, or impairs the proper functioning of the Platform;
6. (f) distribute, rent, lease, sell, sublicense the Platform to any third party, or seek to otherwise commercialise the Platform; or
7. (g) remove or obscure any proprietary notice (including any copyright or trademark), logos or other notices contained in the Platform.

5.2 You acknowledge and agree that you are solely responsible for all content provided by you or posted through Rideminder’s Platform, including but not limited to feedback, ratings, and reviews of the drivers of the Transport Operators. You must not use the Services, or provide or transmit any data or content through the Platform, in a manner that:

1. (a) infringes upon or violates any intellectual property rights of a third party. This includes, but is not limited to, submitting content without proper authorisation, using copyrighted materials without permission, or impersonating others;
2. (b) is unlawful, offensive, indecent, objectionable, harassing, obscene, threatening, abusive, defamatory, fraudulent, tortious, or invasive of another’s privacy or constitutes a breach of any other legal rights of an individual;
3. (c) is false or misleading; or
4. (d) violates any applicable laws.

5.3 If you become aware of any misuse, unauthorised access, or other violation of the limitations set in this section 5, you must promptly report such activity to Rideminder.

5.4 Rideminder reserves the right to remove your content from the Platform, if such content violates these Terms and Conditions or any applicable laws, or if Rideminder deems it, in our sole discretion, to be inappropriate or offensive.

6. Termination And Suspension

6.1 You can cease to access and use the Platform or the Services at any time.

6.2 Rideminder may, at our election and without notice to you, terminate these Terms and Conditions or suspend and/or block your access to the Platform or Services if you:

1. (a) misuse of the Platform or otherwise breach any term of these Terms and Conditions;
2. (b) commit a fraud or engage in other type of misconduct in connection with the Services; or
3. (c) breach the terms of service of the Transport Operator that you connect to.

6.3 You acknowledge and agree that the termination of these Terms and Conditions does not affect any agreement you may have with the Transport Operator that you connect to. Without limitation, any charges that accrue, but are not paid as at the termination of these Terms and Conditions will remain due and payable.

7. Intellectual Property Rights

7.1 Subject to your compliance with these Terms and Conditions, Rideminder grants you a non-transferable, non-exclusive, non-sublicensable, royalty-free licence to access and use the Platform during the term of these Terms and Conditions, as authorised by Rideminder or Rideminder’s third party licensors, where applicable.

7.2 You may from time to time provide Rideminder with suggestions, ideas, information, comments, or other information (together, Feedback). You absolutely and unconditionally assign to Rideminder all rights, title and interests (including all intellectual property rights) in and to any Feedback immediately upon creation, free of all encumbrances.

7.3 All material on the Platform and elsewhere on Rideminder’s website (together, Site) is copyright protected or otherwise the subject of intellectual property rights owned by Rideminder, our related bodies corporate or our third party licensors. Any infringement of such intellectual property rights will be prosecuted to the full extent permitted by law. The trademarks and logos used in the Site are registered trademarks of Rideminder or our related bodies corporate, or are otherwise used under license from others. Persons accessing the Site are not by doing so granted any licence or other right to use in any way any trademark or logo displayed on the Site without prior written permission of the owner.

7.4 The materials in the Site are provided without warranties of any kind, either express or implied. You specifically agree that Rideminder and each of our related bodies corporate and affiliated entities, shareholders, officers, directors, employees, agents is not liable for any defamatory, offensive or illegal conduct of any other user. If you are dissatisfied with the Site, or any materials on the Site, your sole and exclusive remedy is to discontinue using the Site.

8. Privacy

8.1 Rideminder collects, uses and discloses your personal information in accordance with our privacy policy [https://www.rideminder.com/privacy-policy.html].

9. Warranties And Liability

9.1 You warrant and represent that you have made your own inquiries as to the suitability of the Platform and Services for your own requirements and have not relied on any warranties or representations by Rideminder in relation to the performance or suitability of the Platform and Services.

9.2 Rideminder reiterates that we do not provide transport services to you and have no liability or responsibility for the transport services, as well as any related services, that may be provided to you by Transport Operators or by the drivers engaged by the Transport Operators.

9.3 Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law or any other applicable laws which cannot be excluded, restricted or modified (Non-Excludable Guarantees). All other warranties, undertakings, inducements or representations, whether express or implied, are expressly excluded.

9.4 To the fullest extent permitted by law, Rideminder’s liability for a breach of a Non-Excludable Guarantee is limited, at our option, to re-supplying of the services to which the liability relates, or the payment of the cost of having the services supplied again.

9.5 You acknowledge and agree that, to the maximum extent permitted by law,

1. (a) the Services, including the Platform, are provided on an “as is” and “as available” basis. While Rideminder will use reasonable commercial efforts to ensure the Platform is available and operational at all times, we are not under any obligation to ensure uninterrupted and continuous availability and accessibility of the Platform and will not be liable to you if the Platform is not available, or if your access is restricted, suspended or terminated at any time or for any period;
2. (b) Rideminder makes no warranties or representations about the Services, including, but not limited to, warranties or representations that:
3. (i) any data uploaded, submitted, input into, or otherwise displayed in the Platform will not be lost or corrupted; or
4. (ii) the Platform will be free from errors, bugs, viruses or other harmful components.

9.6 Rideminder will not be liable for any and all claims, actions, demands, proceedings, liabilities, losses, damages, expenses and costs (together, Loss) that you may suffer that arises from or in connection with:

1. (a) your use of the Services;
2. (b) the information or materials contained in the Platform being incorrect, incomplete or not up-to-date; or
3. (c) the Platform containing errors, bugs, viruses or other harmful components,

except to the extent that the Loss caused by a negligent, fraudulent or unlawful act or omission of Rideminder, our employees or agents.

9.7 You agree that, to the extent permitted by the applicable law and subject to clause 9.3 above, any liability of Rideminder that is not excluded under these Terms and Conditions, will be limited as follows:

1. (a) Rideminder will not be liable for any special or punitive damages, or indirect, incidental, economic or consequential loss (including, without limitation, loss of profits, revenue, loss or corruption of data, loss of reputation, opportunity or goodwill) suffered or incurred by you or a party related to you, arising out of or in connection with the provision of the Services or the use of the Platform, whether in an action in tort (including negligence), public liability, under statute or contract, and whether or not such loss or damage was foreseeable, even if advised of the possibility of the loss or damage; and
2. (b) our liability for any Loss arising out of or in connection with these Terms and Conditions or a supply of the Services to you, whether for breach, in tort (including negligence) or for any other common law or statutory cause of action is, in the aggregate, limited to $5,000.

9.8 Our liability to you for Loss of any kind arising out of these Terms and Conditions or in connection with the Services will be reduced to the extent (if any) that you cause or contribute to the Loss. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

10. Indemnities

10.1 You agree to indemnify us, our related entities and our officers, employees and contractors (collectively, Indemnified Parties) from and against any Loss that may be brought against the Indemnified Parties or which the Indemnified Parties may otherwise incur or suffer as a result of or in connection with:

1. (a) breach by you of any of the terms of these Terms and Conditions;
2. (b) loss of, or damage to, any property or any personal injury or death arising out of or in connection with your use of the Services;
3. (c) breach by you of any law in connection with the use of the Services; or
4. (d) any claim by a third party (including a Transport Operator) arising out of or relating to your use of the Services,

except to the extent that the Loss was caused by a negligent, fraudulent or unlawful act or omission of any of the Indemnified Parties.

11. Force Majeure

11.1 Rideminder accepts no liability for any failure to perform any of our obligations under these Terms and Conditions or any delay in performing such obligations caused by an event beyond our reasonable control, such as acts of God, war, terrorism, riots, strikes, lockouts, industrial action, fire, flood, storm, earthquake, natural disasters, pandemic or epidemic, power outages, or other similar events.

11.2 If such an event occurs, Rideminder will take reasonable steps to notify you, where possible, by posting a notice on the Platform.

12. General Provisions

12.1 Amendments: Rideminder reserves the right, at any time, to modify, alter or update these Terms and Conditions at our discretion. The current version of these Terms and Conditions is posted on our website [https://www.rideminder.com/terms.html] in mobile app [on the sidebar under ‘Legal’ there is a ‘Terms of Service’ section]. It is your responsibility to familiarise yourself with these Terms and Conditions prior to using the Services. If you do not agree to the current version of the Terms and Conditions, you should not use the Services.

12.2 Severability: If any provision of these Terms and Conditions is or becomes unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

12.3 Waiver: You acknowledge and agree that Rideminder’s failure to exercise or enforce any right or provision set out in these Terms and Conditions will not constitute a waiver of such right or provision. No waiver by Rideminder of any breach or default under these Terms and Conditions will be considered valid unless it is provided in writing, and any such waiver shall not be construed as a waiver of any subsequent breach or default.

12.4 Survival: Clauses 6.3, 7 to 10, 12 and any other clauses which should by their nature survive termination of these Terms and Conditions, survive termination or expiry of these Terms and Conditions for any reason whatsoever.

12.5 Assignment: Rideminder may transfer, assign, novate, charge, subcontract or otherwise deal with these Terms and Conditions, or any of our rights or obligations arising under these Terms and Conditions, at any time.

12.6 Governing law and jurisdiction: This agreement is governed by and shall be construed in accordance with the laws of the state of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales. This clause does not apply to any claims that you may have under the Australian Consumer Law, as your entitlement to rights and remedies under the Australian Consumer Law exist separately and independently of these Terms and Conditions.

12.7 Entire agreement: These Terms and Conditions the entire agreement between the parties with respect to their subject matter.