Terms And Conditions
(b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Platform (you or User) and us, Chitkara Pty Ltd ABN 56 146 262 900 (CABme, we or us).
(c) If you do not agree to these terms, please do not use the Platform.
(d) We may change these Terms at any time by updating this webpage, and your continued use of the Platform following such update will represent an agreement by you to be bound by the Terms as amended.
2.1 ACCOUNT REGISTRATION
(a) In order to use most of the functionality of the Platform, all Users are required to register and receive an account through the Platform (an 'Account').
(c) You warrant that any information you give to CABme in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Account registration process, CABme may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(e) CABme reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
2.2 ACCOUNT RULES
As a User of the Platform, you agree:
(a) to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of CABme;
(b) to not share your Account with any other person;
(c) you will be solely responsible for any activities that occur under your Account;
(d) that any use of your Account registration information by any other person is strictly prohibited;
(e) to immediately notify CABme of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(f) you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another User at any time;
(g) that you are solely responsible for your mobile phone, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
(h) to receive marketing materials and other communications from CABme, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
(i) not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services;
(j) not to harass, impersonate, stalk, threaten, bully or endanger any other User;
(k) to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
(l) you will not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by CABme;
(m) to not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment; (n) you must not make any automated use of the Platform;
(o) not to act in any way that may harm the reputation of CABme or associated or interested parties or do anything at all contrary to the interests of CABme or the Platform;
(p) you are solely responsible for your use of the Platform, including for: (i) if you are a Rider, requesting, confirming, booking and using and ceasing to use a Driver; and
(ii) if you are a Driver, accepting offers to provide, and providing, services; and
3. TERMS FOR DRIVERS
3.1 AVAILABLE TO DRIVE If you are a Driver:
(a) you must only list yourself as available to provide driving services when you are available to collect any passenger from any location in a 30km radius and drive them to their chosen location (Available to Drive); and
(b) you must not list yourself as Available to Drive for more than 12 hours in one 24 hour period and you must take regular breaks. You must take a minimum of a 9 hour break between each 12 hour driving period.
3.2 VEHICLE REQUIREMENTS If you are a Driver, you represent and warrant that your vehicle:
(a) is able to achieve a 5 star ANCAP safety rating and must meet all safety requirements for ridesharing purposes;
(b) will clearly display the CABme logo when you are listed as Available to Drive;
(c) if you collect disabled passengers, is suitably modified to safely transport disabled persons;
(d) has 4 outward opening doors with external handles;
(e) is no older than 10 years old;
(f) has a minimum of 5 seats which includes the driver’s seat and working non-frayed seat belts for the Driver and all passengers/Riders;
(g) is registered in the driver’s name or be registered in a business name where the driver is named on the business’ insurance policy;
(h) is registered in the state of New South Wales;
(i) is covered by compulsory third party personal injury insurance, including for commercial ridesharing purposes;
(j) is covered by third party property or comprehensive insurance, including for commercial ridesharing purposes;
(k) does not have any significant internal or external wear and tear, such as, but not limited to, upholstery stains or significant body scratches or dents;
(l) does not have any non-compliant aftermarket modifications;
(m) does not have any commercial branding; and
(n) complies with the vehicle requirements published by the official transport authority in your area, as updated from time to time.
3.3 PERSONAL REQUIREMENTS
If you are a Driver, you represent and warrant that you:
(a) are an Australian Citizen or are otherwise eligible to work in Australia in accordance with a valid visa;
(b) are at least 21 years old;
(c) have held an unrestricted Australian driver licence for at least a minimum of 1 year;
(d) have an iOS or Android smartphone;
(e) consent to any background checks such as, but not limited to, a criminal history and driving history check;
(f) have all necessary insurances, licenses, permits and approvals to provide transportation services to third parties;
(g) own or have leased a personal vehicle which meets the requirements in clause 3.2; and
(h) meet all the Driver requirements published by the transport authority in your jurisdiction, as updated from time to time.
4. TERMS FOR RIDERS
If you are Rider:
(a) you may, at any time, chose to list a request specifying your pick up location and drop off location (Request to Ride), which will be distributed to the closest Driver (and so on until a Driver accepts your Request to Ride);
(b) you must at all times behave in a manner that is respectful and courteous to the Driver;
(c) if you damage the vehicle in any way you must pay the reasonable costs of cleaning, repair or replacement (in the Driver’s absolute discretion) nad if you fail to do so the Driver may pursue debt recovery against you and you must cover the Driver’s costs of doing so;
(d) if you are feeling unwell, it is your responsibility to notify the Driver (and the Driver may, in its absolute discretion, refuse to provide the services to you). The Driver may contact emergency services and you must pay the costs of any medical assistance you receive; and
(e) you must not graffiti, deface, or otherwise cause damage to the vehicle. If you cause damage to a Vehicle, you will be liable to pay the costs of cleaning or repair work, in the Driver’s absolute discretion.
5. FEES AND PAYMENT PROCESS
(a) Using the Platform and creating an Account is free.
(b) As part of registering for an Account, you must provide a Nominated Bank Account which will be direct debited or credited (as applicable) at the completion of a Ride.
(c) When a Rider lists a Request to Ride, the Platform will generate a price range within which the actual Ride Fare will fall depending on the time taken to complete the Services (Ride Fare). The Platform will hold the Ride Fare as a pending charge against the Rider’s Nominated Bank Account until the ride is completed.
(e) If a Driver has to wait for a Rider for more than 02:30 (2 minutes and 30seconds) minutes, a charge of 65cents per minute will apply. Including for the original two minutes and up to five minutes. If the Rider does not arrive after that 5 minutes, the cancellation fee in clause 6 will apply.
(f) Once a Driver completes a Request to Ride, the Online Payment Provider will: (i) debit the Rider’s Nominated Bank Account; and (ii) provide the total of the Ride Fare to the Driver.
(g) Amounts payable and receivable in accordance with this clause may take up to 5 business days to be processed.
(a) You must not cancel a Service after the relevant Request to Ride has been accepted.
(b) CABme will have no liability or obligation to you if a Service is cancelled and you will not be entitled to any compensation from CABme.
(c) If a Service is cancelled by a Rider after 5 minutes after the a Request to Ride has been accepted, the Rider’s Nominated Bank Account will be direct debit a $9.00 cancellation fee out of which $7.00 will be provided to the Driver as a genuine reflection of the loss the Driver has suffered due to the cancellation. CABme will keep $2.00 as technical fees for the transaction.
(d) If a Service is cancelled by a Driver after a Request to Ride has been accepted but before the Driver collects the Rider, the Driver must give details of the reason for the cancellation. CABme may, without being under any obligation to do so, investigate the cancellation and CABme may decide to cancel the Driver’s Account.
7.1 INTRODUCTION SERVICE
CABme is a medium that facilitates the introduction of Riders and Drivers for the purposes of making arrangements to fulfil Service offerings. CABme simply collects an Introduction Fee in consideration for providing this introduction service and does not have any obligations or liabilities to Riders and Drivers in relation to such Services. 7.2 LINKED BUSINESS You acknowledge and agree that:
(a) the Platform provides links and introductions to Drivers who are third parties and who are not under the control of CABme;
(b) the provision by CABme of introductions to Drivers does not imply any endorsement or recommendation by CABme of any Driver; and
(c) CABme does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Driver who uses or is listed on the Platform.
(a) You must not communicate with another User, or request or entice a User to communicate with you, outside the Platform.