This Agreement sets out the terms and conditions upon which We provide the Software, and governs the way that a user (You) may use the Software. By clicking "I Accept", You acknowledge that You have read, understood and agree to be bound by the terms and conditions of this Agreement. This Agreement may be amended by Us from time to time. Every time You use the Software, You agree to be bound by this Agreement and any changes to this Agreement.
Definitions and interpretation
In this Agreement:
- Account means a nominated corporate account with Us;
- Account Payment means one of the Your Payment Methods where there is an Account;
- We / Us / Our means Get Picked Up Pty Ltd 150 008 003 and its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 (Cth);
- Agreement means these terms and conditions and as amended and added from time to time;
- Software means Our GetPickedUp booking software and smartphone applications;
- Book/Booking means Your offer to use the Service;
- Driver means a third party hire car operator that We have arranged to pick You up from Your collection point and take You to Your destination point;
- Final Fare means the Driver’s quote for the trip, or Pre-calculated Fare which includes any tolls or other charges associated with the trip and any applicable goods and services tax;
- Intellectual Property means all intellectual and industrial property rights in relation to the Software including but not limited to copyright, trade marks, service marks, logos, patents, designs, data, source code, object code, images, photographs, multimedia and similar rights, whether or not registered or registrable;
- Payment Methods means cash, credit card, cab charge and/or Account;
- Personal and/or Business Information means details about You including Your name, phone number and other details about You which are necessary for the processing and assessment of Your current Booking or potential future Bookings and Your payment of Your Booking;
- Pre-calculated Fare means the fare referred to in sub clause 4(b);
- Service means the service provided by Us which enables You to Book a Driver through Our Software; and
- in this Agreement, headings are for convenience only and do not affect interpretation, the singular includes the plural and conversely, a gender includes any gender, a reference to act or statute includes any act or statute which supersedes, replaces or modifies that act or statute, and persons includes all bodies and associations both corporate and incorporated. All references to dollar amounts are a reference to Australian dollars.
Eligibility and rules of use
You warrant and agree that You:
- are legally capable of entering into binding contracts under applicable law including, without limitation, this Agreement;
- are 18 years old or older. We recommend that if You are not 18 years old or older and wish to take advantage of the Software, Your legal guardian may enter into this Agreement so that they may place Bookings for You;
- have accurately inserted Your collection and destination points; and
- will promptly inform Us if there is any change to the information provided by You in the Software.
Use of softwares
When You use the Software, You:
- must provide Personal and/or Business Information requested by the Software in order to use the Service;
- authorise Us to use Your Personal and/or Business and/or Business Information to enable You to use the Service. You consent to Us disclosing Your Personal and/or Business Information to Drivers in order to arrange to collect You from Your connection point and take You to Your destination point and third parties for the purpose of processing Your Booking (including Your payment for the Booking); and
- agree to comply with the terms of this Agreement, as amended from time to time.
You acknowledge and agree that:
- after uploading the Software, You may Book a Driver by inserting Your Personal and/or Business Information and collection and destination points;
- We may accept Your Booking by locating up to 10 available hire cars in the area of the collection point and confirm that a hire car is available for the trip ("Available Car");
- We may decline Your Booking or any part thereof, including but not limited to circumstances where We cannot locate an Available Car. If We decline Your Request, We will attempt to notify You using the Personal and/or Business Information You provided;
- once confirmed that there is an Available Car, the Software would automatically measure the distance of the trip and calculate a fare based upon the length ("Pre-calculated Fare"). The Pre-calculated Fare will be added to tolls or other charges associated with the selected route, by the Driver of the Available Car to determine the Final Fare and what Payment Methods are available; The software will broadcast their trip details and allow drivers to provide quotes. Alternatively, we may also provide fixed priced final fare quotations via our software, and source a driver at a later time prior to the journey taking place.
- the Software would then transmit the Final Fare to You on which You confirm the Booking if it was acceptable to You and select a Payment Method;
- the Software would then confirm the Booking and exchange the Personal and/or Business Information of You and the Driver to each other;
- once the Booking has been confirmed, neither You nor the Driver may cancel the Booking unless you have an account with us;
- the Available Car would then proceed to Your collection point, pick You up and take You to Your destination point;
- You must pay the Driver immediately at the [end of the] journey in full if You chose a Payment Method of cash, credit card or cab charge.
- this Software is a booking service only and any Driver of the Available Car is independent from Us. Neither the Driver of the Available Car is an employee or agent of Us. The Driver of the Available Car has no authority to and does not represent or act on Our behalf;
- We are not responsible for any disruption to Your Booking or the operation or failure by the Software caused by: any disruption to Your connection to [the internet or our [server]]; any system failure by the device You use to access the Software to properly connect to and run the Software; any disruption to the Software to the hire cars or You; or any other event beyond reasonable control; and
- You will not: copy, modify or hack the Software; or attempt in anyway to compromise the Software or gain access to the coding or delete any information captured, stored or transmitted by Us or the Software; or do anything which is contrary to law with respect to or using the Software.
You warrant that:
- You have full capacity, power and authority to enter into this Agreement and to perform Your obligations under this Agreement;
- all information You provide to the Us is true, accurate and complete;
- Your use of the Service is not fraudulent or misleading, and does not violate any law, statute or regulation; and
- You shall not infringe any of Our Intellectual Property in relation to the Software.
Accounts and payment
- You may apply to set up an Account [through the Software] with Us by providing Us with relevant information (including Personal and/or Business Information and [financial information for the purposes of invoicing Bookings made by You, and processing of such invoice]). Your Account application may be approved or rejected by Us at our sole discretion. We will provide You with confirmation of Your Account details if Your Account application is approved;
- We will invoice You for all Bookings weekly. You agree to pay the invoice in full within 30 days of the date of Our invoice. Late payment will incur a penalty interest of "12%" per annum; and
- We reserve the right to terminate Your Account at any time immediately.
- If payment is not received by the due date your services will be temporarily suspended, until the amount owing is paid in full. Whilst your account is suspended we do not guarantee that future bookings will be serviced.
- Bookings on account will be charged at the full fare if they are cancelled within 4 hours of the journey taking place. Any cancellations prior to this time will incur no charge.
- Account bookings receive a complimentary 10 minute wait time. Airport pickups include a 25 minute wait time for domestic flights, and 45 minute wait time for international flights. Wait time charges are made in intervals of $22 (inc GST) per 15 minutes.
- Any instances where a customer fails to show at the scheduled meeting point by the end of our complimentary wait time, and also fails to contact their driver informing them that they are late or otherwise detained, will be deemed as a “no show” and the full fare will be charged.
- Airport pickups will not be deemed a “no show” due to flight delays, but wait time will be charged from the end of our complimentary wait time period. Charges will be made in intervals of $22 (inc GST) per 15 minutes
- Any disputes to charges to an account must be made in writing to firstname.lastname@example.org within 7 days of the invoice date. Disputes are not able to be lodged after this date, and full charges will apply.
- Any additions to the trips such as extra stops or scenic route requests may incur extra charges, which will be determined and charged by the driver at the time of the journey taking place.
- Any inaccurate details given to us resulting in a lower final fare quotation (such as failing to include the journey is to/from an event) will result in the difference being charged to the customer at the time of the journey.
Full refunds are available of prepaid amounts for pre booked services if they are cancelled outside of a 4 hour period from the scheduled pickup time.
All fees or charges charged by Get Picked Up are non-refundable within the 4 hour period before a bookings scheduled start time and/or after a booking has been completed. There are no exceptions to this policy.
Limitation of warranty
Except for the warranties which cannot be excluded at law, We make no other warranties with respect to the Software and expressly disclaim all warranties, express or implied, including without limitation any and all warranties of merchantability, fitness for purpose with respect to the Software, nor do We warrant that the Software will be error-free or operate without interruption.
Limitation of liability
To the extent not permitted by law, in no event shall We be liable to You or any third party for:
- Personal and/or Business injury, or any incidental, special, indirect or consequential damages whatsoever; and
- any loss, cost, expense or damage suffered by You or any third party from the conduct of the Driver of the Available Car or any aspect of the journey commenced with the Available Car or any of Your or their property that may be lost or damaged.
You agree to indemnify Us and keep Us indemnified from and against any and all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against Us in connection with this Agreement, and all loss, damage, liability, costs (including legal costs) or expenses that may be incurred by Us arising out of or in connection with Your use of the Software or the Service, use of the Software or the Service by any person using Your Account or Your device, or any breach of this Agreement by You, including any failure to pay the relevant Fare(s) for the Booking.
We may immediately terminate this Agreement and cease to provide the Service to You if:
- you breach any of the warranties, terms or conditions of this Agreement, as amended from time to time; or
- we are no longer able to provide the Software or the Service for any reason.
If We terminate this Agreement for any reason, You shall immediately cease using the Software and if You have an Account, Your Account will be terminated, [You must not apply for a new Account,] and You must fulfil any outstanding obligations You have under this Agreement at the time of termination, including but not limited to payment of Your Account prior to termination. Termination of this Agreement by Us is in addition to any other rights or remedies available to Us pursuant to this Agreement or at law.
You agree that:
- no liability shall result from the delay or failure in the performance by Us or a Driver of their obligations under this Agreement caused by circumstances beyond their reasonable control, including but not limited to acts of God, fire, flood, accident, shortage of or inability to obtain Products, supplies, equipment or transport, or the acts of third parties;
- any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions;
- a failure or delay by Us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any other power or right; and
- this Agreement is governed by and must be construed according to the laws of the relevant State or Territory in Australia in which the Booking relates, and You irrevocably submit to the exclusive jurisdiction of the courts of the relevant State in Australia