Oiii PASSENGER APP
END USER LICENSE AGREEMENT (EULA)

Last updated: 28 September, 2026 | V3.0

Oiii Passenger App End User Licence Agreement

Version 3.0 | 28 September 2026

THIS END USER LICENCE AGREEMENT SETS OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY DOWNLOAD, INSTALL, ACCESS AND OPERATE THE Oiii PASSENGER SMARTPHONE APPLICATION. BY DOWNLOADING, INSTALLING OR USING THE Oiii PASSENGER SMARTPHONE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS END USER LICENCE AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT; AND (C) ACCEPT THIS END USER LICENCE AGREEMENT, AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS AND ANY SUPPLEMENTARY TERMS, AND AGREE TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THIS END USER LICENCE AGREEMENT, ANY SUPPLEMENTARY TERMS OR OUR PRIVACY POLICY, PLEASE CONTACT US TO DISCUSS ANY PROPOSED AMENDMENTS. UNLESS WE AGREE IN WRITING TO YOUR PROPOSED AMENDMENTS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS OR OPERATE THE Oiii PASSENGER SMARTPHONE APPLICATION AND YOU MUST DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES.

About this End User Licence Agreement

This End User Licence Agreement (“EULA”) is a binding agreement entered into between you (the person who downloads, installs, accesses and/or operates the Oiii Passenger Smartphone Application) and Net-Cabs Pty Ltd [ABN 22 167 868 859] of F56, 63 Turner Street, Port Melbourne VIC 3207 (“we”, “our” and “us”), and not with Google Inc. (“Google”), Apple Inc. (“Apple”) or any other third party. Any reference in this EULA to an “operator” means an operator and/or driver of a third party owned taxi or rideshare vehicle. This EULA governs your access to and use of the Oiii Passenger Smartphone Application and all related documentation that we publish about the Oiii Passenger Smartphone Application (together, the “app”). Your use of the app is subject to this EULA, 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/ (“supplementary terms”). Our Privacy Policy and any supplementary terms are incorporated into this EULA by reference.

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.

“Passenger” means the person who is, or is intended to be, transported on an Oiii trip. A Passenger may be the user who makes the booking through the app or another person for whom the user arranges the booking.

“Supervised Transport” means the optional Oiii service under which an eligible Oiii trip may be supervised by one or more authorised Supervisors using the app.

“Supervisor” means an app user who has been nominated to supervise a particular Supervised Transport booking, has been authenticated by us and has accepted the applicable Supervised Transport conditions.

“Supervised Transport Information” means information made available through Supervised Transport for the purpose of supervising a Passenger, which may include live in-cabin video and audio, live vehicle location, Driver and vehicle information, and relevant booking and journey information.

“Supervised Journey” means the period during which Supervised Transport is active for a booking, commencing when the Driver arrives at the designated pickup location and Supervised Transport access becomes available, and ordinarily ending when the Driver confirms through the Oiii system that the Passenger has safely exited the vehicle, or when Supervised Transport is otherwise terminated in accordance with this EULA.

We may 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 passenger 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;

(c) where the updates or amendments are required to address any change in applicable law, 7 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, reduce or limit our obligations, or result in any material reduction in existing functionality or material degradation in performance of the app (collectively, “Adverse Impact Events”), we will give you at least 90 days’ prior notice; and

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

(Notice Period).

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

It is your responsibility to ensure that you have read and understood all amended versions of this EULA that we notify you of.

Oiii Passenger App – a booking app, not a taxi company or transport provider

Net-Cabs Pty Ltd provides a platform for helping users who register passenger accounts via the app to book third party owned and operated taxis and rideshare vehicles, administer vehicle bookings made via the app (“bookings”), bid for fixed price fares, and make and receive payments for trips. The platform consists of the Oiii Passenger App and other related software and applications developed by us or on our behalf (collectively, the “platform”). The Oiii Passenger App is one part of the platform. The app is licensed, not sold, to users.

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 OR Oiii DISPATCH EQUIPMENT (“VDS”). WE DO NOT OWN THE TAXIS AND RIDESHARE VEHICLES THAT PASSENGERS CAN BOOK THROUGH THE Oiii PASSENGER APP. THE TAXIS OR RIDESHARE VEHICLES THAT CAN BE BOOKED THROUGH THE APP ARE OWNED AND OPERATED BY THIRD PARTIES. WE DO NOT ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY OPERATOR OR FOR THE PERFORMANCE OF ANY SERVICE PROVIDED BY ANY OPERATOR. THE FACT THAT A VEHICLE IS BOOKED VIA THE Oiii PASSENGER APP IS NOT AN ASSURANCE THAT THE VEHICLE WILL BE ON TIME, ARRIVE OR HAVE ANY OTHER FEATURES OR CHARACTERISTICS. YOU MUST NOT USE ANY VEHICLE BOOKED THROUGH THE APP TO TRANSPORT DANGEROUS OR HAZARDOUS MATERIALS OR FOR ANY UNLAWFUL PURPOSE.

Any information published via the platform regarding any operator is not an endorsement, representation or guarantee that the information is accurate or that the vehicle will be punctual, well presented or perform the transport services for which it is booked via the app effectively or to any particular level of service.

The features of the app presently include (among other things):

(a) account registration functionality which permits users of the app to register passenger accounts on the platform;

(b) functionality allowing registered users to book third party owned and operated vehicles to transport a Passenger to and from locations specified in a booking (each such trip, an “Oiii trip”) for either the government regulated taxi fare and any applicable tolls, levies, charges and GST, or alternatively for a fixed price agreed when an Oiiibid is accepted;

(c) a bidding system that users and operators can use, at their option, to negotiate a fixed price fare with respect to an Oiii trip through bids made by users and operators (each such bid is an “Oiiibid” and any Oiiibid accepted by a user or operator is an “Accepted Oiiibid”);

(d) tools allowing users to view trip history and submit feedback to us about the app;

(e) lost property functionality allowing users to submit details of personal property lost in a vehicle booked through the app;

(f) payment functionality allowing users to pay for vehicles booked through the app using a credit card and to use disability subsidies where eligible under a compatible disability subsidy scheme;

(g) the ability to use ‘Oiii Credit’ that we may give to a user to pay for vehicles booked through the app, subject to any conditions that we specify;

(h) functionality allowing users to specify preferred operators;

(i) the ability for users to specify a default mood for Oiii trips booked through the app; and

(j) Supervised Transport functionality which allows eligible users to request Supervised Transport for an Oiii trip, nominate one or more Supervisors and, when acting as a Supervisor, securely access authorised Supervised Transport Information for the purpose of supervising a Passenger.

The app is owned by us and may be installed on a range of iOS and Android internet-enabled devices approved by us. To operate the app in its intended manner, your electronic device must be compatible with the app and must have an active internet connection, sufficient battery life, and location services, data network access, app notifications and app tracking enabled. We do not warrant that the app will at any time be compatible with your version or model of electronic device, operating system or hardware unless listed by us as compatible at the relevant time. You are responsible for relevant updates, upgrades or patches and for telecommunications and data charges. The app may lose reception, be delayed or malfunction due to these or other matters beyond our reasonable control.

Location Tracking, Notifications and App Tracking

The app requires location tracking, notifications and app tracking functionality (“Device Services”) to be activated by default. You must ensure that the Device Services are activated on your electronic device at all times whilst you operate the app. You acknowledge that location data may be shared with operators during the provision of transport services booked via the app. App notifications are required to inform you of events relevant to booking, bidding, dispatch and transport services. App tracking is required to monitor use of the services provided. You must not use the app on an electronic device that does not support or allow Device Services to be activated.

Oiii Bookings

As described above, users can book third party owned and operated vehicles using the app. By booking an operator’s service via the app, the user shall be deemed to have made an offer to engage the operator of the booked vehicle to transport the Passenger from and to the locations specified in the booking. A booking may be cancelled before it is accepted by an operator for no charge or, after acceptance but before the Passenger commences the journey, by paying a $10 cancellation fee. Once a booking is accepted by an operator, a separate contract shall be deemed to have been entered into between the person responsible for the booking and the operator under which the operator agrees to transport the Passenger in exchange for payment of the agreed fare (“Service Contract”). The applicable fare is either (a) the government regulated taxi fare and any applicable tolls, levies, charges and GST; or (b) the fixed price fare agreed pursuant to an Accepted Oiiibid. Where available, eligible Passengers are entitled to disability subsidies where they are members of a compatible disability subsidy scheme with Oiii. Any terms and conditions entered into between the user and operator which conflict with this EULA shall be deemed void. We are not a party to any Service Contract. Operators are not our employees, contractors, representatives or agents.

Supervised Transport

Supervised Transport is an optional service available for eligible bookings and vehicles.

Where Supervised Transport is available, you may select Supervised Transport when requesting an Oiii booking.

By selecting Supervised Transport and requesting the booking, you request and consent to Supervised Transport for that booking.

Your selection applies only to the booking for which Supervised Transport is selected. Supervised Transport is not automatically enabled for future bookings.

A Supervised Transport booking will be clearly identified to the Driver before the Driver accepts the booking. The Driver is not required to accept a Supervised Transport booking. Supervised Transport will only proceed where a Driver accepts the booking subject to the applicable Supervised Transport conditions.

By requesting Supervised Transport, you consent to us collecting, using, processing and making available the Supervised Transport Information necessary to provide the service in accordance with this EULA and our Privacy Policy.

Supervised Transport Information may include live in-cabin video and audio, live vehicle location, Driver and vehicle information, and relevant booking and journey information.

Bookings for another Passenger

You may use the app to arrange an Oiii trip for another person.

Where the Passenger is another adult who is able to make their own decisions, that Passenger remains responsible for their own decisions and participation in the trip. Your arrangement of the booking does not make you the Passenger’s guardian, representative or decision-maker.

Where you request Supervised Transport for another adult Passenger, you must ensure that the Passenger is informed that Supervised Transport is operating.

Where you arrange an Oiii trip for a child, or for another person for whom you act as a parent, legal guardian, carer or other authorised representative, you represent that you have the authority necessary to arrange the Passenger’s transport and, where applicable, request Supervised Transport on their behalf.

We may require additional acknowledgement, consent or authorisation where we reasonably consider this necessary having regard to the Passenger, the circumstances of the booking or applicable law.

Nominating Supervisors

After a Driver accepts a Supervised Transport booking, the person authorised to manage the booking may nominate one or more persons to act as Supervisors for the Supervised Journey.

You must provide accurate contact information for each person you nominate and must only nominate a person whom you genuinely intend to authorise to supervise the Passenger.

We may send an invitation to the nominated person using the mobile telephone number, email address or other contact information you provide.

An invitation does not itself grant access to Supervised Transport Information and does not contain credentials that provide access to the Supervised Journey.

A nominated person must use an Oiii account associated with the mobile telephone number, email address or other identifier to which the invitation was sent, successfully complete any authentication requirements imposed by us and accept the applicable Supervised Transport conditions before access is granted.

We may permit one or more Supervisors to be authorised for a Supervised Journey. Each Supervisor is separately authenticated and authorised and each Supervisor’s access may be separately withdrawn.

When Supervised Transport starts and ends

Supervisor access to a Supervised Journey becomes available when the Driver arrives at the designated pickup location and Supervised Transport is activated for the booking.

This allows an authorised Supervisor to supervise the Passenger’s pickup and boarding as well as the journey itself, including, where applicable, the loading and securing of a Passenger who uses a wheelchair or other mobility device.

Supervised Transport may continue after the vehicle reaches its destination so that the Passenger’s safe exit from the vehicle, including unloading where applicable, may also be supervised.

Supervised Transport ordinarily ends when the Driver confirms through the Oiii system that the Passenger has safely exited the vehicle. Live Supervisor access to the Supervised Journey will then end.

We may automatically terminate Supervised Transport if the Driver does not complete the required confirmation, the booking is cancelled or otherwise terminated, or we reasonably determine that the Supervised Journey has ended or that continued access is no longer appropriate for safety, privacy, security, technical or legal reasons.

Knowing who is supervising the journey

During a Supervised Journey, the app may identify each Supervisor authorised to supervise the Passenger and indicate when a Supervisor is actively accessing Supervised Transport Information.

Where a Supervisor is actively accessing the service, the Passenger or person managing the booking may be shown the Supervisor’s name and monitoring status, including a notification such as “[Supervisor name] is monitoring your trip now.”

Where multiple Supervisors have been authorised, the app may identify which Supervisors are currently monitoring the journey.

You may withdraw a Supervisor’s access at any time using the functionality provided in the app. Once access is withdrawn, that Supervisor will no longer be authorised to access the live Supervised Transport Information for that journey and any active access will be terminated.

Withdrawal of one Supervisor’s access does not necessarily terminate the access of another authorised Supervisor.

Acting as a Supervisor

You may receive an invitation through the app, SMS, email or another supported method to supervise another person’s Supervised Journey.

You are not required to accept an invitation.

By accepting an invitation to supervise a journey, you agree to act as a Supervisor for that Supervised Journey and agree to the Supervised Transport conditions contained in this EULA and any applicable privacy notice presented to you.

If authorised, you may be provided with access to Supervised Transport Information for the relevant Supervised Journey, which may include live in-cabin video and audio, live vehicle location, Driver and vehicle information, and relevant booking and journey information.

Your Supervisor access is personal to you and applies only to the Supervised Journey for which you have been authorised.

You must not allow another person to use your account, device or credentials to access a Supervised Journey.

When you access Supervised Transport Information, the Passenger and/or person managing the booking may be informed that you are actively monitoring the journey and may be shown your name and monitoring status.

Your access may be withdrawn at any time by the person authorised to manage the Supervised Transport booking or by us. Your access also ends when the Supervised Journey ends.

Supervisor responsibilities

When acting as a Supervisor, you must:

(a) access and use Supervised Transport Information only for the purpose of supervising the relevant Passenger;

(b) respect the privacy and confidentiality of the Passenger, Driver and any other person who may be visible, audible or otherwise identifiable through Supervised Transport;

(c) not record, photograph, screenshot, screen-record, copy, download, reproduce, rebroadcast, transmit, publish, distribute, disclose or otherwise capture Supervised Transport Information;

(d) not use another mobile telephone, camera, video recorder, computer or other device or equipment to photograph, film, record or otherwise capture Supervised Transport Information displayed through the app;

(e) not share or provide your Supervisor access to another person;

(f) keep your Oiii account, authentication credentials and device secure;

(g) not use Supervised Transport for surveillance unrelated to supervising the relevant Passenger, harassment, intimidation, entertainment, commercial purposes or any unlawful or improper purpose;

(h) not attempt to circumvent, disable or interfere with any screenshot prevention, screen-recording prevention, authentication, access control, privacy, security or other technical protection implemented by us; and

(i) immediately cease accessing Supervised Transport Information if your authorisation is withdrawn or the Supervised Journey ends.

We may immediately suspend or terminate Supervisor access where we reasonably believe these conditions have been breached or where this is reasonably necessary to protect the privacy, safety, security or legal rights of any person.

Other persons in the vehicle

Supervised Transport may capture persons other than the Passenger who are present in or immediately around the vehicle during the Supervised Journey.

Where reasonably practicable, a Passenger or person arranging the booking should inform accompanying persons that Supervised Transport is active. We and/or the Operator may also provide notices or indicators that Supervised Transport is operating.

Safety and emergency services

Supervised Transport is designed to provide additional visibility and safety support during an Oiii journey. It does not guarantee the safety of any Passenger, Driver, Supervisor or other person.

Unless we expressly state otherwise for a particular service, Oiii does not continuously monitor Supervised Transport video or audio on behalf of Passengers or Supervisors, and Supervised Transport is not an emergency response service.

We do not guarantee that Oiii will identify an incident, unsafe condition or emergency occurring during a Supervised Journey or contact emergency services.

If a Passenger or Supervisor believes immediate assistance is required, they should contact the appropriate emergency service.

Availability of Supervised Transport

Supervised Transport depends on compatible vehicle equipment, mobile and data networks, internet connectivity, the Oiii Platform and the devices used by Passengers and Supervisors.

Live video, audio, location or other Supervised Transport Information may be delayed, interrupted, degraded or temporarily unavailable.

We do not guarantee uninterrupted availability of Supervised Transport. A temporary loss or interruption of Supervised Transport functionality does not necessarily prevent the underlying transport service from continuing.

Security camera recordings

Supervised Transport live access is separate from any security camera recording, storage, retention, access or disclosure requirements applying to a vehicle under applicable transport laws or regulatory requirements.

Neither requesting Supervised Transport nor acting as a Supervisor gives you a right to access stored security camera recordings.

Collection, retention, access to and disclosure of regulated security camera recordings remains subject to applicable law and regulatory requirements.

Oiiibid

Oiiibid allows users and operators to negotiate fixed price fares. A user who wishes to make a booking may initiate bidding by nominating a proposed fixed price fare, inclusive of any tolls, charges, government levies and GST, for an Oiii trip (“initial bid”). Oiiibids are displayed to operators determined by the platform as suitable using proprietary algorithms. Any operator may accept a bid made by a user, but once a bid is accepted it cannot be accepted by another operator. Similarly, once an operator counterbid is accepted, other operators can no longer issue counterbids or accept bids for that trip. Once a bid or counterbid is accepted, the Accepted Oiiibid becomes a binding term of the applicable Service Contract. A bid or counterbid may be modified or withdrawn prior to acceptance. If either party cancels an Accepted Oiiibid, the cancelling party shall be required to pay a $10 cancellation fee to the other party (“Oiiibid Cancellation Fee”). Oiiibid functionality may not be available to all operators and may not be compatible with government subsidy schemes unless specified in Oiii.

Accepted Oiiibids cannot be changed except where both parties consent to a change to a destination of the Oiii trip (“Authorised Accepted Oiiibid Change”). If there is an Authorised Accepted Oiiibid Change:

(a) the fixed price fare will be replaced by a new fixed price fare agreed by the user and operator and recorded in the platform by the operator, with all other terms of the Service Contract remaining unchanged; and

(b) we will modify the user’s pre-authorised credit card transaction amount to reflect the Authorised Accepted Oiiibid Change once entered into the platform.

Fare estimates and trip routes

Fare estimates are displayed when making booking requests based on the route selected for a proposed Oiii trip. The shortest route may not necessarily be the quickest route. Fare estimates are not quotations and are based on the journey route indicated in the Oiii Passenger App and average traffic conditions. Estimates include GST and standard surcharges based on vehicle type but do not include tolls, government levies or airport charges that may be incurred. The actual fare charged may vary with actual locations, traffic conditions, time of day, route driven and applicable tolls, except where a booking is made by accepting an Oiiibid. Accepted Oiiibids are subject to fixed price fares as described above and can only be modified via an Authorised Accepted Oiiibid Change. Eligible Passengers may use disability subsidies where they are members of a compatible disability subsidy scheme.

Where there is an Accepted Oiiibid, the operator must take the quickest path to complete the trip, irrespective of any tolls being included in the fare, and the user will not be entitled to a refund merely because the quickest path does not include tolls despite an Oiiibid assuming that a toll would be payable.

Payment of transport fares, levies and other charges

We will facilitate payment of transport fares, tolls, levies, payment processing charges, booking charges, other trip-related charges, GST and cancellation fees payable under each Service Contract, using credit card details entered into the app and, where applicable, a compatible disability subsidy scheme. We do not store credit card details on the platform. Credit card details are stored with our third party payment provider, Stripe Australia Pty Ltd A.C.N. 160 180 343.

Where you enter credit card details into the app, you will be deemed to have: (a) warranted that the credit card is yours or that you have authority to use it; (b) authorised us to pre-authorise the card for relevant estimated charges; (c) authorised us to deduct applicable fares and related fees following issuance of an invoice; and (d) authorised us to deduct cleaning fees notified by a third party operator where specifically required as a result of your conduct or the conduct of a Passenger for whom you arranged the booking, to the extent permitted by law.

Where you add or use a disability scheme card in the app, you will be deemed to have warranted that the card is yours or that you have authority to use it, and authorised us to charge the card for the applicable approved part of relevant transport fares and charges.

Except where contrary to applicable law, metered fares, fixed price fares the subject of Accepted Oiiibids, government levies, tolls, booking and payment processing charges, cancellation fees, GST and other transport-related charges paid via the app are non-refundable.

We are not responsible for the operation of any vehicle, any driver or operator

We are not responsible for any vehicle, driver or operator or their performance, maintenance, registration, insurance, safety, cleanliness or fitness for purpose.

Our Intellectual Property Rights

You agree and acknowledge that, as between you and us, we are the sole owner of all rights (including copyright, trademark rights, patent rights and design rights, whether registered or unregistered, and all other intellectual property rights) in the app.

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

You and us each acknowledge that, as between you and us, in the event of any third party claim that the app or your possession and/or use of the app infringes that third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. However, you will be solely responsible for claims caused by your use of the app with software or hardware not approved by us, or caused by your breach of this EULA.

Privacy

We collect, hold, use and disclose Personal Information in connection with your use of the app and platform in accordance with applicable privacy laws and our Privacy Policy.

Supervised Transport involves the processing of additional Personal Information relating to Passengers, persons arranging bookings, Drivers, Supervisors and potentially other persons present in or around a vehicle.

This information may include live in-cabin video and audio, live vehicle location, booking and journey information, Driver and vehicle information, Supervisor identity and contact information, invitations and authorisations, and information about when Supervisor access was granted, exercised, withdrawn or terminated.

When you request Supervised Transport, act as a Supervisor or otherwise use Supervised Transport, we may collect, use and disclose Personal Information as reasonably necessary to provide, secure, administer and audit the service, in accordance with this EULA, our Privacy Policy and applicable law.

The Privacy Policy provides further information about how we collect, hold, use, disclose and protect Personal Information, the circumstances in which information may be disclosed, how you may request access to or correction of Personal Information and how you may make a privacy complaint.

Your Licence to download, install and use the app

Upon your acceptance of this EULA, we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to download, install and operate the app on any iOS or Android smartphone device that you own that meets our minimum technical requirements for the app (“Licence”). You may not make any use of the app except as permitted by the Licence and may not do or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights in the app. Without limiting the foregoing, you must not sell or resell access to the app or scrape, republish, mirror, stream, broadcast or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the app or any content you obtain via the app. In addition, you must not, nor may you permit any person to:

(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the app and/or any content in the app, except as expressly permitted by law;

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

(c) use the app in any way that infringes our rights or the rights of any third party; or

(d) take any steps to circumvent any technological protection measure or security measures in the app.

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

Termination and suspension

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

(a) any reasonable directions by us or any state or territory governing authority;

(b) applicable app store terms of service or usage rules; or

(c) all applicable laws and regulations governing the downloading, installation and operation of the app.

Discontinuing use of the app

You may discontinue using the app at any time by deleting it from the smartphone device on which you installed it. We will destroy and/or de-identify Personal Information that we have collected in the course of your use of the app where we have legal obligations to do so.

Accessing the app and the services that we supply via the app

You acknowledge that your use of the app and the services supplied via the app may not be error free and may be interrupted. The app may be unusable during maintenance or as a result of telecommunications failure, loss of internet connectivity or other matters beyond our reasonable control. Errors, downtime, disconnections and delays may occur which result in Oiiibids and acceptance of Oiiibids not being delivered or being delayed (“Oiiibid Unavailability”). The platform will only process Oiiibids actually delivered and in the order in which they are delivered. To the extent permitted by law, we will not be liable for missed bookings, missed or non-delivered Oiiibids or Accepted Oiiibids, loss of business, loss of revenue or other loss arising from errors, downtime or non-performance of the platform or your internet-enabled devices.

Maintenance and Support

We provide basic support regarding use of the app. You may contact us using the details set out at the end of this EULA. By entering into this EULA, you acknowledge that neither Apple nor Google has any obligation whatsoever to furnish maintenance or support services with respect to the app.

Warranty and Product Claims

You agree that as between us and Apple, and as between us and Google, we are solely responsible for any product warranties pertaining to the app, whether express or implied by law, to the extent not otherwise effectively disclaimed under this EULA.

In the event of any failure of the app to conform to any applicable warranty, and where the warranty relates to your use of a version of the app downloaded through the Apple App Store, you may notify Apple and Apple may refund the purchase price for the app to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the app.

You and us each acknowledge that as between you and us, we, not Apple or Google, are responsible for addressing claims relating to the app or possession and/or operation of the app, including product liability claims, claims that the app fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

We are not responsible for any Passenger or operator conduct or any warranty claims or other claims relating to such conduct.

User Content

We do not accept liability in relation to content displayed on the app that is entered into or uploaded into the app by you or another person. Any person who enters or uploads content is responsible for its legality and any claims arising in respect of that content. We do not accept responsibility for your conduct or the conduct of another user of the app or platform. Disputes between users are between those users alone, subject to any rights that cannot lawfully be excluded.

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

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

(b) the content and our collection, use, storage and/or disclosure of that content in the course of operating our business will not breach any applicable law or any right of any person.

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

You agree that as between you and us, you are responsible for the accuracy, legality and quality of content you upload into or enter into the app, and for obtaining permissions, licences, 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 third party claims made against us in respect of content which you enter into or upload into the app, to the extent permitted by law.

The publication of content on the app or platform by us does not constitute a recommendation, endorsement or advice from us. We do not endorse or recommend operators and/or drivers or take responsibility for their acts or omissions, except to the extent that liability cannot lawfully be excluded.

We check content entered into or uploaded into the app and platform 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 may remove it. If you see content that you think breaches our Acceptable Use Policy, please contact us.

Acceptable Use Policy

You agree that:

(a) using the app to violate any law or the legal rights of any person or entity in any jurisdiction is strictly prohibited;

(b) using the app in relation to crimes such as theft and fraud is strictly prohibited;

(c) introduction of malicious programs into our network or servers is strictly prohibited;

(d) using the app to make fraudulent offers of goods or services is strictly prohibited;

(e) using the app to carry out security breaches or disruptions of network communication is strictly prohibited;

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

(g) using the 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;

(h) using the app to interfere with or deny service to anyone is strictly prohibited;

(i) using any program, script, command or message with the intent to interfere with or disable any person’s use of the app is strictly prohibited;

(j) using the app to send any form of harassment is strictly prohibited;

(k) use of the app in breach of any person’s privacy is strictly prohibited;

(l) accessing, recording, copying, capturing, distributing, disclosing or using Supervised Transport Information other than as expressly authorised under this EULA is strictly prohibited;

(m) attempting to circumvent any technical measure designed to prevent the recording, copying, screenshotting, screen recording or unauthorised disclosure of Supervised Transport Information is strictly prohibited; and

(n) using Supervised Transport to harass, intimidate, surveil for an unrelated purpose, exploit or otherwise interfere with the privacy or legal rights of another person is strictly prohibited.

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 THE 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 APP OR THAT YOU INCUR UNDER OR IN CONNECTION WITH ANY SERVICE CONTRACT, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE EXCLUDED; AND

(c) WE ARE NOT LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE THAT YOU INCUR, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SAVINGS OR LOSS OF DATA, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE EXCLUDED.

The goods and services supplied by us under this EULA may come with implied non-excludable guarantees regulated by the Australian Consumer Law. Where you are a consumer for the purposes of the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded under that law. Nothing in this EULA excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

If goods or services supplied by us are subject to a non-excludable guarantee and are not ordinarily acquired for personal, domestic or household use or consumption, our liability may, where permitted by section 64A of the Australian Consumer Law, be limited at our option to the remedies permitted by that section.

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 law. Except with respect to non-excludable guarantees, all conditions, warranties, guarantees, rights and remedies implied in this EULA are excluded to the extent permitted by law.

Compliance and Export Control

You must only use the app in accordance with applicable laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or 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.

Third Party Beneficiary – Apple

We and you each acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and that, upon your acceptance of this EULA, Apple will have the right, and will be deemed to have accepted the right, to enforce this EULA against you as a third party beneficiary.

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 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 app or the Licence, we may immediately terminate this EULA and/or the Licence without notice and you must immediately cease using the app.

General

The app is only available for use by persons aged 18 years or older who are able to enter into legally binding contracts. You may not allow another person to use a passenger account registered by you.

You may use your account to arrange transport for another person, including a Passenger under 18, subject to this EULA.

Where you arrange transport for a Passenger under 18, you represent that you are the Passenger’s parent or legal guardian or otherwise have lawful authority to arrange the Passenger’s transport.

Where you arrange transport for another adult in your capacity as that person’s legal guardian, carer or other authorised representative, you represent that you have the authority reasonably required to arrange the transport and request any services selected on that person’s behalf.

An adult Passenger who is able to make their own decisions remains responsible for their own decisions and participation in the trip even where another person arranged the booking.

All rights not expressly granted to you in this EULA are reserved by us.

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.

This EULA constitutes the complete and exclusive statement of the agreement between you and us with respect to the app, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the app.

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.

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 app.

Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries.

How to contact us

Any questions, suggestions or complaints with respect to the app may be sent to us via the following means:

Post: Net-Cabs Pty Ltd F56, 63 Turner Street Port Melbourne VIC 3207 Australia

Email: info@nulloiii.com

We may issue any notice to you using any email address that you enter into the app at the time of registration for a passenger account.

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