EULA Oiiiplus

IMPORTANT INFORMATION ABOUT NEGOTIATING THIS EULA WITH US:

Please note that we are happy to consider any reasonable amendments that you may wish to make to this document and any supplementary terms, before becoming an Oiiiplus App user. If you wish to propose any such amendments, please contact us.

Last updated: 11 April 2024 | V2.0

THIS EULA SETS OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY OPERATE OUR APP ON YOUR COMPATIBLE ELECTRONIC DEVICE. BY CLICKING THE “I AGREE” BUTTON, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT AND ARE AUTHORISED UNDER APPLICABLE LAW TO DRIVE A MOTOR VEHICLE AND PROVIDE RIDESHARING SERVICES; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS AND ANY SUPPLEMENTARY TERMS AND THAT YOU AGREE TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS AND CONDITIONS OF THIS EULA, ANY SUPPLEMENTARY TERMS OR OUR PRIVACY POLICY, PLEASE CONTACT US TO DISCUSS ANY OF YOUR PROPOSED AMENDMENTS AND IN UNLESS WE AGREE IN WRITING TO YOUR PROPOSED AMENDMENTS YOU MUST NOT USE OR OPERATE THIS APP AT ALL.

About this Oiiiplus App EULA

This Oiiiplus App End User Licence Agreement (“EULA”) is a binding agreement entered into between you (the person who uses, downloads and/or accesses this app (“you”) and Net-Cabs Pty Ltd [ABN 22 167 868 859] of F56, 63 Turner Street, Port Melbourne VIC 3207 (referred to herein as “we”, “our” and “us”). This EULA governs your access to, and use of, the Oiiiplus app for drivers (the “Oiiiplus App”) and all related documentation that we publish about the Oiiiplus App. Your access to, and use of, the Oiiiplus App is subject to the provisions of this EULA. It is also subject to our Privacy Policy at https://oiii.com/privacypolicy/ (“Privacy Policy”) and any other applicable terms and conditions set out on our website at https://oiii.com/terms-conditions/ (the “website”) or incorporated by reference into this EULA (the “supplementary terms”).

Additionally, your use of, and access to, the Oiiiplus App is subject to your compliance with all applicable third-party terms and conditions specified by the provider of the applicable app store that you download the Oiiiplus App from (“Third Party Providers”). For example, if you download the Oiiiplus App from the Google Play store, your use of, and access to, the Oiiiplus App is subject to the Google Play Terms of Service as set out at https://play.google.com/intl/en_au/about/play-terms/index.html. Third Party Providers are not parties to this EULA. As between you and us, Apple Inc and Google Inc are not responsible for the Oiiiplus App or the content therein.

In this EULA, “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth) and the words “includes”, “including” and similar expressions are not words of limitation and shall be interpreted as if the words “but not limited to” followed them. Our Privacy Policy and any supplementary terms are incorporated into this EULA by reference.

Amendments to the Oiiiplus App or this Oiiiplus App EULA

We may update the Oiiiplus App or amend this EULA at any time by giving you notice of the update or amended version. All such notices will be sent by email to you using the email address that we have on file for you. It is your responsibility to immediately update your email address in your Oiiiplus account if your email address changes, to ensure that you receive all notices that we send to you.

The notice period that we will provide of any such updates or amendments is as follows:

(a) where the amendments introduce new functionality, which does not create any adverse impact on you, 1 day’s notice is required;

(b) where the updates or amendments are required for security reasons, 2 days’ notice;

(d) if the updates or amendments will diminish any of your rights or remedies, increase your obligations or potential liabilities under this EULA or reduce or limit our obligations, or result in any material reduction in existing functionality or material degradation in performance of the Oiiiplus App (collectively, Adverse Impact Events), we will give you at least 90 days’ prior notice of any amendments that will result in such any Adverse Impact Events; and

(e) in all other cases, we will give you 30 days’ notice.

(Notice Period)
We may reduce the Amendment Notice Period as is reasonably required in the event that it is not practical or possible to give you such notice. Unless you notify us in writing prior to the expiry of the Amendment Notice Period (or any extension thereof that we agree to) that you wish to terminate this EULA or you cease using the Oiiiplus App, you will be deemed to have accepted the updates of the Oiiiplus App and amended versions of this EULA in all respects and the updated and amended version will henceforth apply in all respects.

It is your responsibility to ensure that you have read and understood all amended versions of this EULA that we notify you of. It is your responsibility to ensure that you are familiar with the most recent version of this EULA prior to each use of the Oiiiplus App.

Entire Agreement

This EULA expressly supersedes all prior agreements or arrangements with you (whether oral or written) and constitutes the complete and exclusive statement of the agreement between you and us with respect to the Oiiiplus App. Notwithstanding any other provisions of this EULA, if you are a vehicle operator or driver that has entered into an Oiii Services Agreement with us (“Primary Oiii Driver”), this EULA and the Oiii Services Agreement constitutes the complete and exclusive statement of the agreement between you and us with respect to the Oiiiplus App and in the event of any inconsistency between the terms and conditions of this EULA and the terms and conditions of your Oiii Services Agreement, the terms and conditions of your Oiii Services Agreement will take priority. Nothing in this paragraph or this EULA limits any of your legal rights in respect of any pre-contractual representations made by us.

Features

Features of the Oiiiplus App presently include functionality that:

enables Primary Oiii Drivers and other vehicle owners and operators that own and/or operate motor vehicles (“Secondary Oiii Drivers”) (collectively “Oiii Drivers”) to communicate with certain individuals who register passenger accounts via the Oiii Passenger App (“passengers”) in connection with their requests to book ridesharing services via the Oiii Passenger App (“bookings”). The individuals who Oiii Drivers can communicate with are limited to those passengers who have made bookings with them;
enables Oiii Drivers to offer ridesharing services to passengers (“Oiii ride(s)”);
allows Oiii Drivers to issue or receive bids and counterbids for fixed price Oiii rides;
provides voice activated navigation, routing and mapping functionality that maps out the pickup and drop off points requested by a passenger as well as the designated route that Oiii Drivers are required to follow with respect to each booking;
enables Oiii Drivers to view photos and certain other passenger details (including their name, contact number and passenger rating) and to rate a passenger following a successful Oiii ride;
provides Oiii Drivers with reports regarding bookings that have been made with them;
enables Oiii Drivers to create their own driver network (Driver Network), namely one Driver Network per Oiii Driver; invite other Oiii Drivers (with full Oiii Driver access to the Oiiiplus App) to join such Driver Networks;
enables Oiii Drivers to manage the membership of their Driver Networks, including by adding and removing Oiii Drivers from their Driver Networks;
enables:
○ Oiii Drivers to offload their own passenger bookings to members of their own Driver Network;
○ Secondary Oiii Drivers to offload their own passenger bookings to members of their operator network created by their Primary Oiii Drivers (Operator Network) (if any); and
○ Oiii Drivers to offload their own passenger bookings to any other Oiii Drivers who have full Oiii Driver access to the Oiiiplus App (Oiii Network);
(each, an Offloaded Booking); and
allows Oiii Drivers to join as many Driver Networks of other Oiii Drivers as they wish, subject to being invited to each such Driver Network by the respective creators of the Driver Networks.

The Oiii App for passengers (Oiii Passenger App), Oiiiplus App and other related software and applications that have been developed by us or on our behalf are components of the Oiii platform. The Oiii Passenger App is licensed, not sold, to passengers and the Oiiiplus App is licensed, not sold to Oiii Drivers.

Oiiiplus App

To operate the Oiiiplus App in its intended manner, your electronic device (that you use to download, use or access the Oiiiplus App) must be compatible with the Oiiiplus App and must have an active internet connection, sufficient battery life, and location services and data network access enabled. We do not warrant that the Oiiiplus App will at any time be compatible with your version or model of electronic device, operating system or hardware unless the version or model is listed on our website as a compatible version or model at the relevant time. You are responsible for ensuring that all relevant updates, upgrades or patches as released from us are downloaded onto your electronic device and for the timely payment of any rates and fees for the continued operation of your data network. The Oiiiplus App may lose reception, be delayed or malfunction depending on those above mentioned factors and to the maximum extent permissible by law, we will not be liable for any missed bookings, missed or non-delivered passenger or Oiii Driver bids or counterbids, loss of business, loss of revenue or other loss or damage that you may suffer as a result of such matters or for any other matter beyond our reasonable control.

Location Tracking

The Oiiiplus App requires location tracking functionality to be activated by default. You must ensure that location service is activated on your electronic device at all times while you operate the Oiiiplus App. You acknowledge that your location data will be shared with passengers during the provision of any ridesharing services booked via the Oiiiplus App. You must not use the Oiiiplus App on any electronic device that does not have location services activated or where your electronic device does not permit the tracking of your location via the Oiiiplus App.

WE ARE NOT A TRANSPORTATION CARRIER. WE ARE A BOOKING SERVICE PROVIDER (AND WE ARE ALSO KNOWN AS AN ON-DEMAND BOOKING SERVICE PROVIDER AND/OR NETWORK SERVICE PROVIDER) THAT PROVIDES A MARKETPLACE FOR CONNECTING PASSENGERS WHO USE THE OIII PASSENGER APP WITH OIII DRIVERS WHO USE THE OIIIPLUS APP. WE DO NOT PROVIDE THE RIDESHARING SERVICES THAT PASSENGERS CAN BOOK OIII DRIVERS TO PROVIDE THROUGH THE OIII PASSENGER APP (“Vehicle Services”). AS AN OIII DRIVER, YOU PROVIDE THE RIDESHARING SERVICES THAT PASSENGERS CAN BOOK FOR YOU TO PROVIDE THROUGH THE OIII PASSENGER APP. AS WE DO NOT PROVIDE RIDESHARING SERVICES, WE ARE NOT YOUR AGENT OR AN AGENT OF ANY PASSENGER AND WE DO NOT ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY PASSENGER, OR FOR YOUR PERFORMANCE OF ANY SERVICES. WE ARE ALSO NOT YOUR AGENT AND DO NOT ACCEPT RESPONSIBILITY FOR HOW YOU OPERATE ANY DRIVER NETWORK OR OPERATOR NETWORK OR FOR HOW YOU OFFLOAD ANY BOOKINGS TO ANY NETWORK.

Registration

If you belong to an operator who has signed an Oiii Services Agreement with us you are considered a Primary Oiii Driver and therefore you do not need to register an account on the Oiiiplus App. Your registration will be automatically created when your operator is onboarded onto the Oiii platform or thereafter. For the avoidance of doubt, you must still accept this EULA with us (or an amended version that you and we agree to) in order to use and access the Oiiiplus App.

If you are not a registered Primary Oiii Driver, your access and use of the Oiiiplus App is initially restricted to the registration functionality provided by the Oiiiplus App. Once registered as a Secondary Oiii Driver, you may gain full Oiii Driver access to the Oiiiplus App.

During registration as an Oiii Driver, you can select your vehicle category. The available categories include but are not limited to:

Oiii Taxis;
Oiii Lux;
Other Taxi;
Other Limo; and
Other Rideshare.

For more information on the categories refer to the help function under Ride Class in the Oiiiplus application form.

If you wish to operate an Oiii Taxi or Oiii Lux vehicle which incorporates our all-in-one smart in-vehicle driver system (including a taxi meter and web-based fleet management solution), please apply to register as a Primary Oiii Driver in the Oiiiplus App. Registration to operate Oiii Taxis or Oiii Lux vehicles is only available to Primary Oiii Drivers who have entered into an Oiii Services Agreement with us. If you already have applied as a Secondary Oiii Driver, you can select “Register as a Primary Driver” in the Feedback section of the Oiiiplus App.

If you do not wish to apply to become an Oiii Taxi or Oiii Lux driver, you may apply to register as a Secondary Oiii Driver in the Oiiiplus App. Registration as a Secondary Oiii Driver is only available to Oiii Drivers who operate Other Taxis, Other Limos and Other Rideshare vehicles.

You can only register as an Oiii Driver in the Oiiiplus App if you are at least 18 years of age, are authorised and licensed to be a provider of taxi services under all applicable laws, regulations and codes and satisfy the other eligibility requirements that we request during the registration process. Your registration is conditional upon you submitting all requested information to us via the Oiiiplus App and our approval thereof (“Registration”).

All vehicles used by you to offer Oiii rides via the Oiiiplus App must:

only be the vehicle that has been approved by us as part of your Registration;
be in excellent and safe working condition;
be a 4-door motor vehicle or passenger van;
have a seating capacity of 4 or more passengers;
satisfy any requirements for the vehicle category as set out under Service Rules on the Oiiiplus App or as reasonably directed by us; and
be free from cosmetic damage,

(“Vehicle”).

We may at any time request that you bring in your vehicle for inspection, at a location and on a date and time notified by us to you.

During Registration, you will need to upload relevant documentation and information onto the Oiiiplus App, including:

your Personal Information such as your name, driver’s licence number, Vehicle registration number, VIN number, mailing address, email address, contact details, driving record, demerit points summary, photograph, age, agreed payment method, payment and financial information such as your credit card or bank account details;
a valid Australian Business Number and, as applicable, GST registration;
as applicable, a valid driver accreditation including a right to work check (VEVO Check) and registration of the Vehicle as a commercial passenger vehicle (if required in your state or territory);
a passenger transport licence code (if applicable) and any other equivalent or similar certifications and licences for rideshare drivers;
a copy of your taxi licence or Taxi Operator Accreditation Certificate (if applicable);
valid full driver’s licence;
a certificate of currency confirming that you have obtained and have an up to date comprehensive motor vehicle insurance for the Vehicle that includes ridesharing coverage (in accordance with industry standard coverage and amounts); and
compulsory third-party insurance and any other applicable insurances,

(collectively, your “Oiii Driver Registration Details”).

You warrant that for the duration of your access and use of the Oiiiplus App, any Oiii Driver Registration Details uploaded to the Oiiiplus App are and will remain, up to date, complete, relevant and not misleading or fraudulent. You must immediately notify us of any change to your Oiii Driver Registration Details including any suspension, invalidity or expiry of your licences or insurances. As between you and us, you are solely responsible for all Vehicles that you use to offer Oiii rides and for their continued performance, maintenance, registration, insurance, safety, cleanliness and fitness for purpose for each Oiii ride supplied via the Oiiiplus App. You must ensure that each Vehicle is insured, registered, safe (with operative and retractable seatbelts for each seat and airbag deployment) and appropriately maintained and that the interior of the Vehicle is clean and suitable for use at all times. You must provide us with evidence of compliance with the provisions of this EULA at any time, upon our request, and must not use the Oiiiplus App or provide any Oiii rides if you are in breach of any provision set out in this EULA.

We are not responsible for the cost of repair for damage to (including any wear and tear damages), or necessary cleaning of, any Vehicles used to provide Oiii rides. Following Registration, we will within a reasonable period of time, notify you of the status of your registration as an Oiii Driver. As an Oiii Driver, you must comply with all relevant road rules.

Payment

For all Oiii rides:

we will collect all fare revenue, including any OiiBid Cancellation Fees, from passengers from their nominated payment method via the Oiii Passenger App (“Transaction Revenue”);
in respect of:
a booking that is not an Offloaded Booking, we will pay you the amount of the Transaction Revenue (less the applicable commission);
an Offloaded Booking, we will retain a commission and pay the relevant parties in accordance with the rules set out at https://netcabs.com.au/dispatch/)
(each a “Fare Reimbursement”);
notwithstanding the foregoing, we will not deduct a commission from the Oiiibid Cancellation Fee;
we will use our best endeavours to pay the Fare Reimbursement to you within 2 Business Days after the date that we receive any Transaction Revenue, where any Fare Reimbursement is payable;
pending payment to you of any Fare Reimbursement, we will hold the Fare Reimbursement in a bank account; and
we may change any merchant account, payment provider, bank or other financial institution that we may use in connection with the collection of Transaction Revenue or the payment of Fare Reimbursements at any time and without notice.

You must not receive or encourage any payment for an Oiii ride other than via the Oiii Passenger App.

Oiiibid

Oiiibid allows passengers and Oiii Drivers to negotiate fixed price Oiii rides. The process requires a passenger who wishes to make a booking to initiate bidding by selecting a Vehicle category preference, nominating a proposed fixed price fare (inclusive of any tolls, charges, government levies and GST) and proposed pick up and drop off locations and requested route for an Oiii ride (“Oiiibid”). Oiiibids are only displayed to certain Oiii Drivers that the Oiiiplus App makes the requests available to. This uses algorithms that underpin the Oiiiplus App that are able to predict which Oiii Drivers may be interested in relevant Oiiibids and/or Vehicle category preference selected by the passenger. Any Oiii Driver (that the Oiiiplus App makes the Oiiibids available to) may issue a counterbid or multiple counterbids (“Counter Oiiibid”) prior to the acceptance of an Oiiibid or counter Oiiibid for a particular Oiii ride. An Oiiibid or Counter Oiiibid may be modified or withdrawn at any time by the passenger or applicable Oiii Driver, respectively, prior to their acceptance.

However, once an Oiiibid or Counter Oiiibid is accepted by the passenger or the driver (an “Accepted Oiiibid”) no further Counter Oiiibids may be issued by other Oiii Drivers or accepted by the passenger with respect to the Oiii ride. Once you have issued a Counter Oiiibid, the Oiii ride is not guaranteed or confirmed by the passenger until and unless it is accepted by a passenger. We do not guarantee or warrant that you will receive any, or obtain a minimum number of: (a) Oiiibids from passengers; or (b) Accepted Oiiibids. If there is an Accepted Oiiibid for which you are the Oiii Driver, you must complete the Oiii ride in accordance with the Accepted Oiiibid and you must not accept any other offer, request or Oiiibid to provide any ridesharing services at the same time for the duration of the Oiii ride for the Accepted Oiiibid.

An Accepted Oiiibid is a binding term of the applicable Vehicle Services Contract (as defined below) between the passenger and the Oiii Driver who agreed to the Accepted Oiiibid. If a passenger cancels an Accepted Oiiibid, the passenger shall be required to pay a $10 cancellation fee to the Oiii Driver (“OiiBid Cancellation Fee”). Cancellation fees are processed automatically by the Oiiiplus App and we will not deduct a commission from the Oiiibid Cancellation Fee.

Accepted Oiiibids cannot be changed except where both the passenger and Oiii Driver who agreed to the Accepted Oiiibid consent to the change via the Oiiiplus App and the Oiii Passenger App (“Authorised Accepted Oiiibid Change”). If there is an Authorised Accepted Oiiibid Change:

(a) the fixed price fare the subject of the Accepted Oiiibid will be replaced by a new fixed price fare agreed by the passenger and Oiii Driver and recorded in the Oiiiplus App and the Oiii Passenger App. All other terms of the Vehicle Services Contract will remain unchanged; and

(b) we will modify the passenger’s pre-authorised credit card transaction amount with an amended amount reflecting the Authorised Accepted Oiiibid Change once the passenger approves the Authorised Accepted Oiiibid Change.

Vehicle Services Contract

By making an Oiiibid via the Oiii Passenger App, the passenger shall be deemed to have made an offer to engage an Oiii Driver. Following an Accepted Oiiibid, a separate contract shall be deemed to have been entered into between the passenger and the Oiii Driver under which the Oiii Driver agrees to transport the passenger to and from the location specified in the Oiiibid in exchange for payment by the passenger of the applicable fixed price fare (“Vehicle Services Contract”). The applicable Vehicle fare payable by the passenger to an Oiii Driver is the Accepted Oiiibid. Any terms and conditions entered into between the passenger and the Oiii Driver which conflict with the terms of this EULA shall be deemed to be void. You must comply with the terms of each Vehicle Services Contract that you enter into. We are not a party to any Vehicle Services Contract. Oiii Drivers are not our employees, contractors, representatives or agents.

Fare estimates and trip routes

The route specified for an Oiii ride by the Oiiiplus App may not necessarily be the quickest route. Accepted Oiiibids are subject to fixed price fares as describe above, and can only be modified via an Authorised Accepted Oiiibid Change.

Accepted Oiiibids

Following an Accepted Oiiibid, you must within 30 seconds (or as soon as possible thereafter) safely drive towards the pickup location specified by the passenger. You will be provided with the name and photo of the passenger (as entered by the passenger into the Oiii Passenger App) and the passenger will be informed that you are en route to collect the passenger from the pickup location specified by the passenger. The passenger will be provided with your name and photo and accreditation number, and the vehicle registration number and photo of the booked Vehicle for the Oiii ride. The passenger may call you via the Oiii Passenger App while you are en route to collect the passenger and you may accept a call made to you by a passenger in the Oiiiplus App. You must only answer the call in a manner that is permitted by relevant road rules and applicable law and if it is safe to do so. We may track your location in order to provide the location of your Vehicle to the passenger and notify the passenger if you take detours or stop on your way to the pickup location. When you arrive at the pickup location and click “Arrived”, the passenger will be notified via the Oiii Passenger App that you have arrived at the pickup location. You must only use the Oiiiplus App in a manner that is permitted by relevant road rules and applicable law and if it is safe to do so.

You must not contact any passengers or use any passenger’s Personal Information except for the purposes of providing Oiii rides under the applicable Vehicle Services Contract. You (and not we) are solely responsible for providing the ridesharing services the subject of the applicable Vehicle Services Contract, including the transportation of the passenger in the Vehicle from the pickup location to the destination specified in the Accepted Oiiibid. You acknowledge and consent to bearing all telecommunication charges when contacting and responding to a passenger pursuant to an Oiii ride. You must not reverse look up, track, data mine or trace any passenger or Oiii Driver information including location data or other Personal Information made available to you via the Oiiiplus App.

You must transport the passenger using the route specified by the passenger in the Accepted Oiiibid. The Oiii Driver must follow that route, irrespective of any tolls being included in the fare.

Arriving at the destination

Upon arrival at the destination of an Oiii ride, you must indicate that you have arrived by clicking the “Arrived” button in the Oiiiplus App. The Oiiiplus App will then attempt to charge the passenger in accordance with the passenger’s nominated payment method selected by the passenger in the Oiii Passenger App. A receipt will be emailed to the passenger via the Oiii Passenger App confirming the date, pickup location and destination, a map of the route, fare and payment details, the name and ABN of the Oiii Driver and your driver accreditation number. Thereafter the passenger will be able to at any time via the Oiii Passenger App rate your Vehicle, you as the driver and the trip (“Rating Information”) as well as whether the passenger would like to make you a preferred driver for future bookings. Rating Information may be displayed to passengers via the Oiii Passenger App at any time in the form they are entered by passengers into the Oiii Passenger App, in statistical format (e.g. by way of ‘average ratings’) or in any other format determined by us, in our absolute discretion.

We are not responsible for any matter arising under a Vehicle Services Contract

Except to the extent that we are not permitted to exclude liability under non-excludable applicable law in respect of anything that occurs under a Vehicle Services Contract, we are not responsible for the performance or non-performance of any Oiii rides or any default under any Vehicle Services Contract or your behaviour or the behaviour of any passenger or any of your or any passenger’s acts or omissions. It is your responsibility to take whatever lawful precautions are appropriate in the performance of your duties under each Vehicle Services Contract.

Health, Safety and Other Obligations

You must:

comply with any Oiii Driver Health and Safety Policy that we issue from time to time and all of our other policies and procedures relating to health or safety, including in respect of:

○ drivers (including driver licence requirements, competence, qualifications, driving records, criminal records, identification and fitness or medical requirements);
○ safety and registration of vehicles used for passenger services and other requirements for those vehicles (including maintenance and security requirements);
○ insurance;
○ reporting of safety incidents or accidents;
○ records relating to vehicles, drivers and bookings;
○ provision of information to passengers;
○ safety management systems;

○ reporting of changes in health or other matters;
○ reporting of safety incidents or accidents;
○ compliance with safety requirements established by us;

○ provision of information to us and/or passengers;

notify us of any accident or incident in accordance with the Oiii Driver Health and Safety Policy and otherwise where required in accordance with applicable law;
only drive the Vehicle when you are fit and healthy to do so and if the Vehicle is safe, undamaged and maintained in accordance with the manufacturer’s recommended maintenance recommendations;
eliminate risks to safety, as far as is reasonably practicable;
comply with all applicable law, regulations, codes, authorisations, licences and standards that apply in respect of health and safety;
comply with all applicable law, regulations, codes, authorisations, licences and standards that apply to you as a provider of taxi services;
immediately notify us if you are in breach of any applicable law, regulations, codes, authorisations, licences or standards that:

○ apply in respect of health and safety;
○ apply to you as a provider of taxi services; and/or
○ constitutes a crime, criminal offence or other offence;

immediately notify us if you are not, or cease to be, authorised or licensed to be a provider of taxi services at any time or if such authorisation or licence is varied, suspended or cancelled;
provide us with all information, documents, records, access to your Vehicle and premises and cooperation reasonably required by us to comply with our obligations as a booking services provider, on-demand booking services provider and/or network service provider including in respect of any audit conducted by any relevant governmental body or other relevant person;
ensure that the interior of the Vehicle is clean and suitable for use as a Vehicle at all times;
not during a Vehicle Services Contract cause nuisance, annoyance, inconvenience to anyone or cause property damage or risk the safety of the passenger or any other person;
not jeopardise your safety or the safety of any passenger or other person while you are engaged under any Vehicle Services Contract or at any other time;
not during a Vehicle Services Contract smoke or consume alcohol, tobacco or illicit substances in or near the Vehicle used to provide Oiii rides;
have and maintain the right to work in Australia;
take whatever lawful precautions are appropriate in the performance of your duties vis-à-vis any passenger;
comply with any applicable laws, regulations and other regulatory requirements applicable to any Vehicle Services Contract and/or any Oiii rides, at all relevant times;
have a valid driver’s licence;
be an accredited driver and obtain and maintain any other necessary licences, consents and authorisations that are required for you to lawfully drive the Vehicle and carry out your duties under each Vehicle Services Contract in accordance with all applicable laws, regulations and other regulatory requirements; and
provide us with evidence of compliance with the provisions of this paragraph at any time upon request by us and not use the Oiiiplus App or provide any ridesharing services if you are in breach of any provision set out in this section.

Our relationship with you

You and us are independent contracting entities. You are not our employee or agent and we are not a party to any Vehicle Services Contract. You must not represent to any person that you are our employee or agent or that you are driving a vehicle for us. You must not use our name, logo, trademarks or marketing material except as expressly authorised in writing by us. You have no obligation to provide ridesharing services exclusively via the Oiiiplus App.

Our Intellectual Property Rights in the Oiiiplus App

You agree and acknowledge that, as between you and us, we are the sole owner of all rights (including all copyright, trade mark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under Article 2 of the Convention Establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights (Intellectual Property Rights)), in the Oiiiplus App.

You have no rights in the Oiiiplus App or in any part of it or in any modification or enhancement thereof, or in the software or services that we supply through the Oiiiplus App, other than the rights temporarily granted to you pursuant to the Licence set out below.

You hereby assign to us all and any Intellectual Property Rights in all and any comments in connection with the Oiiiplus App and any Intellectual Property Rights in all and any requests for new features in the Oiiiplus App or the Oiii platform that you or your employees or other personnel may suggest (each, an “Improvement Suggestion”). Each such comment and Improvement Suggestion becomes our sole and exclusive property. This assignment is effective as soon as you or your employees or other personnel makes the comment or provides the Improvement Suggestion to us including where applicable under s197 of the Copyright Act 1968 (Cth) and in equity. You further authorise us (or any third parties authorised by us) to infringe any Moral Rights (as the term defined in in the Copyright Act 1968 (Cth)) that you have in any such comments and Improvement Suggestions. You must execute and procure from your employees and other personnel the execution of any documentation reasonably required by us to give effect to this clause.

You must not use any of our trade marks, domain names, business names, company names, product names, service names, software names or other marks (collectively, “Marks”) except as provided for in this EULA or contest any Mark, apply for registration of any Mark or use or apply for registration of any trade mark, trade name, business name, company name or domain name which is or incorporates any element that is confusingly similar to any Mark. Except as expressly provided in this EULA you have no rights in respect of any Marks or their associated goodwill, and you hereby acknowledge that all such rights and goodwill inure for the benefit of, and are (and will remain) vested in, us.

Privacy

You must comply with all applicable data protection laws including the Privacy Act 1988 (Cth) (“Data Protection Laws”) with respect to any passenger information and any other Personal Information that comes into your possession or control and/or which you access, in the course of performing your obligations or exercising your rights under or in connection with this EULA. You must not do anything or permit any person to do anything that results in you, them or us being in breach of any Data Protection Laws or any other applicable laws. You must not do anything or permit any person to do anything that results in us being in breach of our Privacy Policy. If we receive a request from any person who is a passenger for the provision of Personal Information held about them, you must provide all assistance and cooperation that we require in order to comply with our legal obligations in connection with any such request. You consent to our collection, handling, holding, processing and disclosure of any of your Personal Information, in accordance with our Privacy Policy. We may crate, retain and use any records in order to comply with our obligations under applicable laws, regulations and codes, including driver accreditation numbers, registration plate numbers and records about Oiii rides.

We will comply with all applicable Data Protection Laws.

Your Licence to use and operate the Oiiiplus App

Upon your acceptance of this EULA, we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to use and operate the Oiiiplus App on your electronic device (“Licence”). You must not make any use of the Oiiiplus App except as permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our intellectual property rights in the Oiiiplus App. Without limiting the foregoing provisions of the Licence, you must not, under any circumstances, sell or resell access to the Oiiiplus App or scrape, republish, mirror, stream, broadcast or otherwise lend, lease, sell, redistribute, sublicense, copy or duplicate the Oiiiplus App or any content you obtain via the Oiiiplus App except as expressly permitted by this EULA or without our prior written consent. In addition, except as expressly permitted by this EULA you must not, nor may you permit any person to:

(a) commercially exploit, copy, alter, modify, adapt, remove, reproduce, republish, frame, translate, reverse assemble, reverse engineer, distribute, lease, reverse compile, transfer, sell, license, create derivative works from, or enhance, the Oiiiplus App and/or any content that you obtain from the Oiiiplus App (except as expressly permitted by the Copyright Act 1968 (Cth) or authorised by us pursuant to our express written consent);

(b) do any act that would or might invalidate or be inconsistent with our intellectual property rights or those of our licensors;

(c) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Oiiiplus App;

(d) use the Oiiiplus App in any way that infringes our Intellectual Property Rights or the Intellectual Property Rights of any third party; or

(e) take any steps to circumvent or impair the proper operation of the Oiiiplus App or any technical protection measures in the Oiiiplus App or attempt to gain unauthorised access to or impair the Oiiiplus App.

You must not use the Oiiiplus App or any part of it in any way which is in breach of this EULA or any other terms and conditions set out on our website, or any statute, regulation, law or legal right of any person.

Termination and suspension

A party may terminate this EULA by written notice to the other party if the other party (the defaulting party) commits a breach of this EULA or any supplementary terms:

(a) that is not remediable; or

(b) that is remediable and the defaulting party fails to remedy the breach within fourteen (14) days of receiving written notice from the other party requiring the defaulting party to remedy the breach.

Where the breach is immaterial, we will only terminate this EULA if you repeatedly carry out the breach after notice by us requesting that you cease doing so.

We may terminate this EULA by notice to you if a third party provider ceases to provide hardware, software, products or services that we require to comply with our obligations to supply the functionality of the Oiiiplus App to you under this EULA, except where the third party provider ceases to do so due to our breach of an agreement between us and the third party provider. If we wish to terminate this EULA under this clause, we will provide you with at least sixty (60) days prior written notice of termination, or if that is not possible, as much notice as is possible in the circumstances.

Either party may terminate this EULA by written notice to the other party if the other party suffers an Insolvency Event, except where such termination would contravene the Corporations Act 2001 (Cth). In this paragraph Insolvency Event means, in respect of a party: (a) the party ceases to carry on business, is unable to pay its debts as and when they fall due, or is deemed to be insolvent or bankrupt; (b) a receiver or a liquidator or provisional liquidator or an administrator is appointed to the party, or an application (including voluntary application filed by that party) is lodged or an order is made or a resolution is passed for the winding up (whether voluntary or compulsory) or reduction of capital of that party; (c) where the party is a partnership, the partnership is dissolved or an application is made for its dissolution; (d) the party suspends payment of its debts to the other party or a third party, or the party takes the benefit of any law for the relief of insolvent debtors; or (e) anything analogous or having a substantially similar effect to any of the events described in (a) through (d) above occurs under the law of any applicable jurisdiction.

We may terminate this EULA and terminate the Licence at any time by notice to you, if you:

(a) repeatedly fail to fulfil an Oiiibid without providing an explanation that is deemed adequate by us, acting reasonably;

(b) fail to notify us of any changes that invalidate or indicate expiry of any of your Oiii Driver Registration Details;

(c) repeatedly cancel Accepted Oiiibids or fail to complete Oiii rides and such cancellations or non-completions were not the result of a Force Majeure Event occurring;

(d) indicate that you do not wish to use the Oiiiplus App;

(e) consistently receive negative feedback or complaints from passengers or unfavourable Rating Information as determined by us, acting reasonably;

(f) breach any applicable laws or regulations; or

(g) fail to comply with any reasonable directions by us or any state or territory governing authority.

We may also terminate this EULA and/or suspend and terminate the Licence at any time by notice to you in the event a Force Majeure Event occurs that prevents us from providing any of the functions of the Oiiiplus App for more than 14 consecutive days or if we choose to discontinue providing any of the functions of the Oiiiplus App, . For the purposes of this EULA, a Force Majeure Event means bushfires, hurricanes, flooding, acts of terrorism, car accidents, criminal acts, industry wide strikes, closure of roads, and any other event outside of our reasonable control. Upon termination of this EULA or the Licence for any reason:

(a) we may deactivate and/or prevent your further use of the Oiiiplus App via whatever technical means we choose to employ; and

(b) you must cease using the Oiiiplus App,

without prejudice to any other of your or our rights or remedies that accrue prior to termination.

You may terminate this EULA if you or we suffer a Force Majeure Event, or at any other time at your convenience by disabling your Oiiiplus account. Termination of this EULA will not affect any of your rights or obligations under the Oiii Services Agreement.

Neither party is liable to the other party for any Force Majeure Events.

We will destroy and/or de-identify Personal Information that we have collected in the course of your use of the Oiiiplus App where we have legal obligations to do so.

Nothing in this EULA shall prevent any party from seeking urgent interlocutory or equitable relief in connection with this EULA.

Accessing the Oiiiplus App and the features that we supply via the Oiiiplus App

You acknowledge that your use of the Oiiiplus App and the features that we supply via the Oiiiplus App may not be error free and your use of the Oiiiplus App and those features may be interrupted. The Oiiiplus App may be unusable while we are conducting maintenance of the Oiiiplus App or any part of it, or as a result of any telecommunications failure or fault, if the Oiiiplus App loses internet connectivity or other matter beyond our reasonable control. Errors, downtime, disconnections and delays may occur which result in Oiiibids and acceptance of Oiiibids not being delivered, or delays in their delivery (“Oiiibid Unavailability”). Examples of Oiiibid Unavailability include technological difficulties associated with your smartphone device (such as loss of reception or lack of connection), and where problems with our servers, data hosting centres, internet service providers or software result in bids and counterbids not reaching the intended recipient. You acknowledge that the Oiiiplus App will only process Oiiibids that are actually delivered and will only process Oiiibids in the order in which they are delivered.

Maintenance and support

We provide basic telephone support regarding the use of the Oiiiplus App. This can be accessed by calling us on +61 (0)3 8592 8099 during our standard business hours. Apple Inc and Google Inc have no obligation whatsoever to furnish any maintenance or support services with respect to the Oiiiplus App.

User Content

We do not accept liability in relation to any of your content displayed on the Oiiiplus App. Any person who enters content into or uploads content into the Oiiiplus App is responsible for the legality of the content and any claims arising in respect of that content. We do not accept responsibility for your conduct or the conduct of any other user of the Oiiiplus App. You agree and acknowledge that any claims that you make in respect of any content displayed on the Oiiiplus App that is authored or published by any other user of the Oiiiplus App, and any disputes between you and any other user of the Oiiiplus App, are between you and that other user alone. Without limiting the foregoing provisions, if you enter into any agreement with any other user of the Oiiiplus App (such as a passenger), and a dispute arises in respect of that agreement, the dispute is solely between you and that user, and does not involve us and you hereby release us from any claims that you may otherwise have against us in relation to any conduct of that passenger or other user of the Oiiiplus App.

Where you upload any information, text, graphics, or other audio or visual material (“content”) into, or enter any content into, the Oiiiplus App, you will be deemed to have warranted and represented that:

(a) you are the sole and exclusive owner of the content;

(b) you are authorised to upload, input, transfer and disclose the content to us and our other users; and

(c) the content and our collection, use, storage and/or disclosure of that content in the course of operating our business (including, but not limited to, where such disclosure or use involves displaying the content to or other users of the Oiiiplus App) will not breach any applicable law or any right of any person.

You license us on an irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable basis to publish and disclose any content that you provide to us or enter into the Oiiiplus App, provided that we comply with our Privacy Policy.

You agree that as between you and us, you are solely responsible for the accuracy, legality and quality of all content you upload into, or enter into, the Oiiiplus App, and for obtaining all and any permissions, licenses, rights and authorisations necessary for us and third parties authorised by us, to use, host, transmit, store and disclose that content in order to operate the Oiii platform during the term of this EULA. You will indemnify us in respect of any third-party claims made against us in respect of any content which you enter into, or upload into the Oiiiplus App.

We agree that as between you and us, we are solely responsible for the accuracy, legality and quality of all content that we upload into, or enter into, the Oiiiplus App, and for obtaining all and any permissions, licenses, rights and authorisations necessary for us and third parties authorised by us, to use, host, transmit, store and disclose that content in order to operate the Oiii platform during the term of this EULA. We will indemnify you in respect of any third-party claims made against us in respect of any content which we enter into, or upload into the Oiiiplus App. The indemnify that we provide under this paragraph does not apply to any content that is provided to us, or uploaded into the Oiiiplus App or Oiii platform, by you, your operator or any other driver, operator or passenger.

We make no representation in relation to the availability, quality, suitability and appropriateness of any goods and services supplied, or failed to be supplied, by any user of the Oiiiplus App. Before entering into any Vehicle Services Contract, you should carefully consider the applicable terms and conditions applicable to the Vehicle Services Contract, obtain all appropriate advice and take all appropriate precautions.

The publication of any content on the Oiiiplus App by us does not constitute a recommendation, endorsement or any advice from us or any of our officers, employees or agents in respect of the content. We do not endorse any Third Party Providers and are not responsible or liable for any Third Party Providers’ goods or services. Without limiting the foregoing provisions, we do not endorse or recommend any Oiii Drivers or take responsibility or accept liability for the acts or omissions of any Oiii Drivers.

We check content entered into or uploaded into the Oiiiplus App from time to time, but we do not review or moderate all content. If we become aware of content that breaches our Acceptable Use Policy, we will remove the content at any time. If you see any content on the Oiiiplus App that you think breaches our Acceptable Use Policy (set out below), please contact us.

Acceptable Use Policy

You agree that:

(a) using the Oiiiplus App to violate all or any laws or the legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by this EULA;

(b) using the Oiiiplus App in relation to crimes such as theft and fraud is strictly prohibited by this EULA;

(c) introduction of malicious programs into the Oiiiplus App, our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by this EULA;

(d) using the Oiiiplus App to make fraudulent offers of goods or services is strictly prohibited by this EULA;

(e) using the Oiiiplus App to carry out security breaches or disruptions of network communication is strictly prohibited by this EULA. Security breaches include accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(f) using the Oiiiplus App to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited by this EULA;

(g) using the Oiiiplus App to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers is strictly prohibited by this EULA;

(h) using the Oiiiplus App to interfere with or deny service to anyone is strictly prohibited by this EULA;

(i) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Oiiiplus App is strictly prohibited by this EULA;

(j) using the Oiiiplus App to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by this EULA; and

(k) using the Oiiiplus App to upload, transmit, broadcast or display any material that is unlawful, defamatory, libellous, indecent, pornographic, offensive, violent, hateful or discriminatory (whether or not the material is lawful); and

(l) use of the Oiiiplus App in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited by this EULA.

Limitation of liability

Except to the extent such loss cannot be excluded from this EULA under non-excludable applicable law (and only if permitted by law), neither party is liable to the other party for any loss of profits, loss of business opportunity, loss of revenue or loss of savings, or for any other consequential or indirect loss or damage, whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND TO THE EXTENT THAT A PARTY’S LIABILITY IS NOT OTHERWISE EXCLUDED, ITS TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY IN CONNECTION WITH THE OIIIPLUS APP, THIS EULA, OUR PRIVACY POLICY AND ANY SUPPLEMENTARY TERMS SHALL NOT EXCEED THE AGGREGATE OF THE FARE REIMBURSEMENTS PAID BY US TO YOU (OR WHERE NO SUCH AMOUNTS HAVE BEEN PAID, AUS$1000). THIS PARAGRAPH WILL NOT APPLY IN RESPECT OF ANY INDEMNITY UNDER THIS EULA.

The goods and services supplied by us under this EULA may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether you are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where you are a ‘consumer’ for the purposes of the Australian Consumer Law, we are required to provide and shall be deemed to have provided the following mandatory statement to you: “Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(a) to cancel your service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

If any goods or services supplied by us to you are supplied to you in your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended you will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, we limit our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by us to you, in respect of each of the goods and services, at our option, where it is fair and reasonable to do so, to one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

Any warranty against defects provided by us to you in your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

Except with respect to any non-excludable guarantees which are implied by the Australian Consumer Law into this EULA, all conditions, warranties, guarantees, rights and remedies implied in this EULA are excluded, to the extent possible by law.

A party is not liable for any failure to perform its obligations under this EULA to the extent such failure was caused by the other party.

In this section, Australian Consumer Law and ACL mean schedule 2 to the Competition and Consumer Act 2010 (Cth).

Third Party Providers

Apple Inc. (Apple) and Google Inc. (Google) are Third Party Providers under this EULA. This EULA is an agreement between you and us and not between you and Apple or you and Google. You agree that as between us and any Third Party Providers, we are solely responsible for any product warranties pertaining to the Oiiiplus App, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder. In the event of any failure of the Oiiiplus App to conform to any applicable warranty and where the warranty relates to your use of a version of the Oiiiplus App downloaded through the Apple App Store you may notify Apple Inc, and Apple Inc will refund the purchase price for the Oiiiplus App to you (if any); and, to the maximum extent permitted by applicable law, Apple Inc will have no other warranty obligation whatsoever with respect to the Oiiiplus App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty will be our sole responsibility. We and you each acknowledge and agree that Apple Inc, and Apple Inc’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple Inc will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.

You and us each acknowledge that as between you and us, we (and no Third Party Providers) are responsible for addressing any of your claims and of any third party claims relating to the Oiiiplus App or your or their possession and/or operation of the Oiiiplus App, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Oiiiplus App fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Oiiiplus App’s use of the HealthKit and HomeKit frameworks.

In the event of any third-party claim that the Oiiiplus App or your possession and use of that Oiiiplus App infringes that third party’s intellectual property rights, you, not Apple Inc, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You will be solely responsible for any such claims caused by the use of the Oiiiplus App by you with software or hardware not approved by us, or where caused by your breach of this EULA. You represent and warrant that

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Personal Property Securities Act

You are expressly prohibited from registering a security interest on the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009 (Cth) in respect of the Oiiiplus App or the Licence granted under this EULA. Without limiting our rights, if you or any person on your behalf records a security interest of any type on the Personal Property Securities Register in respect of the Oiiiplus App or the Licence, we may immediately terminate this EULA and/or the Licence granted hereunder without notice and you must immediately cease using the Oiiiplus App.

General

You must not authorise others or assign others to use, or transfer, your Oiiiplus App identity or account to any person.

All rights not expressly granted to us in this EULA are expressly reserved by us. No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.

You shall not assign, transfer, license or novate your rights or obligations under this EULA without our prior written consent. We may assign, license or novate our rights or obligations under this EULA at any time. We will notify you if we assign or novate our rights or obligations. If you do not approve of any such assignment or novation you may terminate this EULA.

If any provision of this EULA or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this EULA and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.

This EULA shall be governed by the laws of Victoria. You and us submit to the non-exclusive jurisdiction of the courts located in Victoria and any courts of appeal therefrom, with respect to any dispute that may arise in relation to the Oiiiplus App, this EULA, our Privacy Policy or any supplementary terms.

How to contact us

Any notices, questions, suggestions or complaints with respect to the Oiiiplus App may be sent to us via the following means:
Post: F56, 63 Turner Street,
Port Melbourne VIC 3207
Email: info@nulloiii.com

We may issue any notice to you using any email address and/or mailing address that you enter into the Oiiiplus App.

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