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 RIDESHARINGSERVICES; AND (C) ACCEPT THIS EULAAND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS AND CONDITIONS OF THIS EULA, YOU MUST NOT USE OR OPERATE THIS APP AT ALL.
About this OiiiPlus App EULA
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/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 and the content therein.
We reserve the right to amend this EULA at any time at our discretion by sending an email notification to you with the updated version. The updated version will become effective upon us sending any such emails to you. Your continued use of the OiiiPlus App will be deemed to constitute your acceptance of the updated EULA in each case. 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 and to ensure that your email address and other contact details held by us are always up to date, so that you can receive notifications from us regarding any such updated version. If you do not wish to continue using the OiiiPlus App at any time, including where you object to our amendment of this EULA, you must immediately cease using the OiiiPlus App. This EULA expressly supersedes 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 executed an Oiii Services Agreement (“Primary Oiii Driver”), 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.
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; and
• provides Oiii Drivers with reports regarding bookings that have been made with them.
The 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. We reserve the right to withdraw and/or modify the Oiii Passenger App, OiiiPlus App and/or any other part of the OiiiPlus App at any time in our absolute discretion.
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 have an active internet connection, sufficient battery life, location services and data network access. 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. You are responsible for ensuring that all relevant updates, upgrades or patches as released from us are downloaded 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 any errors, downtime or non-performance of the OiiiPlus App or your electronic device.
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 SOFTWARE COMPANY 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.
If you are not a registered Oiii Driver, your access and use of the OiiiPlus App is restricted to the registration functionality provided by the OiiiPlus App. Once registered as an 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 are as follows:
• 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.
If you do not wish to apply to become 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 register as a Secondary Oiii Driver in the OiiiPlus App if you are at least 18 years of age 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 or as reasonably directed by us;
• be free from cosmetic damage
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 OiiiPlus,
• 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 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, accurate, 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.
Throughout your use of the OiiiPlus App, 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.
For all Oiii rides:
• we will collect all fare revenue from passengers from their nominated payment method via the Oiii Passenger App (“Transaction Revenue”);
• we will pay you the amount of the Transaction Revenue (less a 15% commission and any other fees payable by you to us) (“Fare Reimbursement”). 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 virtual account set up by us; 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 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 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 (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 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 between the passenger and the Oiii Driver. 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.
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, vehicle licence number, contact details and vehicle registration number 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. We may also track your location in order to provide the location of your Vehicle to the passenger and notify the passenger if you take detours or stops on your way to the pickup location. You may accept a call made to you by a passenger in the OiiiPlus App. 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 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
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.
• 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 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 vehicle 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;
• 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, trademark 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), 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 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 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 Agreement, 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.
Your Licence to use and operate the OiiiPlus App
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 without our prior written consent. In addition, 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 rights or the 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.
Our right to terminate the Licence
We may in our sole discretion suspend or terminate the Licence at any time without notice, if you:
(a) fail to comply with the provisions of this EULA;
(b) fail to comply with any supplementary terms;
(c) fail to fulfil an OiiiBid without providing an explanation that is deemed adequate by us;
(d) fail to notify us of any changes that invalidate or indicate expiry of any of your Oiii Driver Registration Details;
(e) repeatedly cancel Accepted OiiiBids or fail to complete Oiii rides and such cancellations or noncompletions were not the result of a Force Majeure Event occurring;
(f) indicate that you do not wish to use the OiiiPlus App;
(g) do not login to the OiiiPlus App for thirty (30) consecutive days;
(h) consistently receive negative feedback or complaints from passengers or unfavourable Rating Information as determined by us;
(i) breach any applicable laws or regulations; or
(j) fail to comply with any applicable 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 without notice
in the event a Force Majeure Event occurs that prevents us from providing the OiiiPlus App for more than
14 consecutive days or if we choose to discontinue providing the OiiiPlus App, or any computer server or
website required for the intended operation of the OiiiPlus App, or if we deem that it is reasonably
necessary to do so to protect our legitimate interests. For the purposes of this section, a Force Majeure
Event means bushfires, hurricanes, flooding, acts of terrorism, car accidents, criminal acts, industry wide
strikes, closure of roads, and any event that is not caused by the party claiming a Force Majeure Event
occurred. 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.
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.
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. As mentioned above, we will not be liable for any missed bookings, missed or non-delivered OiiiBids and Accepted OiiiBids, loss of business, loss of revenue or other loss that you may suffer as a result of any errors, downtime or nonperformance of the OiiiPlus App or your internet-enabled devices. To the extent possible by law, we shall not have any liability in respect of any of the foregoing matters.
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.
We do not accept liability in relation to any 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 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. You 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 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. Any content displayed on the OiiiPlus App is solely the responsibility of the person who entered or uploaded the content into the OiiiPlus App. You agree and accept to use the OiiiPlus App at your sole risk and that, to the extent possible by law, other than liability which by law cannot be excluded, we shall not (and neither shall the Third Party Providers) have any liability to you in respect of any content posted to the OiiiPlus App by any person. 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 IN RESPECT OF ANY NON-EXCLUDABLE GUARANTEES IMPLIED BY THE AUSTRALIAN CONSUMER LAW, TO THE MAXIMUM EXTENT PERMITTED BY LAW (AND ONLY IF PERMITTED BY LAW):
(a) WE DO NOT REPRESENT THAT THE INFORMATION AND CONTENT DISPLAYED ON OR VIA THE OIIIPLUS APP IS ACCURATE, CORRECT, UP-TO-DATE OR ERROR FREE;
(b) WE WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING IN RELATION TO YOUR USE OR INABILITY TO USE THE OIIIPLUS APP OR THAT YOU INCUR UNDER OR IN CONNECTION WITH ANY VEHICLE SERVICES CONTRACT INCLUDING PERSONAL INJURY, DEATH AND ANY PROPERTY DAMAGE;
(c) WE ARE NOT LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE THAT YOU INCUR, INCLUDING LIABILITY FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SAVINGS, OR LOSS OF DATA.
EXCEPT AS CAUSED BY A FORCE MAJEURE EVENT, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR PERSONNEL, CONTRACTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING LEGAL FEES) (COLLECTIVELY, “LIABILITY”) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF OIIIPLUS TO PROVIDE RIDESHARING SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY TERMS OF THIS EULA; (III) OUR USE OF, HOSTING OR DISCLOSURE OF, YOUR USER CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS EXCEPT TO THE EXTENT CAUSED BY US. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND TO THE EXTENT THAT OUR LIABILITY IS NOT OTHERWISE EXCLUDED, OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE OIIIPLUS APP SHALL NOT EXCEED $1000.
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 come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
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 nonexcludable 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,
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.
Third Party Providers
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.
The OiiiPlus App is only available for use by persons over the age of 18 years of age and who are able to enter into legally binding contracts. You must not authorise others or assign others to use, or transfer, your OiiiPlus App identity or account details.
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, transfer, licence or novate our rights under this EULA by notice. We may also, by notice, novate our obligations under this EULA at any time in connection with a restructure or sale of all or part of our business or company.
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.
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: [email protected]
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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