OORDY USER TERMS
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
CONTRACTUAL RELATIONSHIP
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you, the Account holder, and OORDY. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
OORDY may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where OORDY reasonably suspects that:
- You or your dependents have, or are likely to, breach these Terms; and/or
- you or your dependents do not, or are likely not to, qualify, under applicable law or the standards and policies of OORDY, to access and use the Services.
OORDY may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
- immediately, where OORDY reasonably suspects that:
- you or your dependents have, or are likely to, materially breach these Terms; and/or
- You or your dependents do not, or are likely not to, qualify, under applicable law or the standards and policies of OORDY, to access and use the Services; or
- on 30 days’ written notice to you, where OORDY, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, OORDY may immediately restrict or deactivate your access to the Services if you breach these Terms or OORDY service policies at any time.
You may terminate these Terms at any time, for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
OORDY may amend the Terms, any policies or supplemental terms related to the Services from time to time. OORDY will provide you with at least 30 days’ written notice in the event of a material change to any Terms, policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon OORDY’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in OORDY’s Privacy Policy. OORDY may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
THE OORDY SERVICE
These Terms govern the supply within Australia by OORDY (ABN 28 544 240 701) to you of transportation arrangement and related services (the Service).
Your use of the Service constitutes your agreement that you and any other passengers for whom you arrange transport are bound by these Terms. If you do not agree, you may not use the Service. OORDY may amend or terminate these Terms or the Service at any time and for any reason.
OORDY is not a transportation carrier, and does not provide transportation services. All transportation services are provided by independent contractors (Third Party Providers), who are not agents of or employed by OORDY.
The Service is a technology platform that enables users of OORDY’s App, through mobile devices or on its website, to arrange transportation services with Third Party Providers, and includes related services such as use of the website, payment facilitation, associated content and other products OORDY makes available to users.
YOUR RIGHTS
Privacy – OORDY takes the privacy of Account holders, passengers and Third Party Providers very seriously. We commit to comply with the Privacy Act 1988 (Cth) and with the OORDY Privacy Policy available on our website. Purposes for which we collect and may use and disclose your and other passengers’ Personal Information include registering and managing your account and use of the App, providing you with the Service, exercising rights and carrying out obligations under these Terms, and operating the App and the OORDY business in accordance with good business practice.
App Licence – OORDY grants you a limited, non-exclusive, revocable, non-transferrable license to access and use the App and materials we provide solely in connection with your use of the Service, and in accordance with these Terms. You may not without OORDY’s permission: modify or copy the App or OORDY materials; use the App or materials for any commercial purpose or public display; attempt to decompile or reverse engineer any software contained on the App; or replicate the App or materials on a server.
Consumer guarantees – we provide the Service subject to consumer guarantees under the Competition and Consumer Act 2010 (Cth). Nothing in these Terms affects your statutory rights. We make no express warranties beyond these consumer guarantees. To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Service is limited to us re-supplying the Service to you or refunding the Charges you have paid us for the Service to which your claim relates.
Disputes – you may raise a dispute with OORDY about any aspect of the Service or transportation arranged through the Service, by following the process on the App.
USE OF THE SERVICE
User Accounts – In order to use the Service you must register for and maintain an active personal user Service account (Account). The holder of the account is the owner of the valid credit card entered into the Account (Account holder). You may only obtain an Account if you are:
- Are 15 years and over;
Or you intend for the Service only to be used for bookings you make on behalf of a your dependent.
You may not authorise non-dependent third parties to use your Account. You may not transfer your Account to any other person or entity. An invalid or expired payment method on your Account may prevent you using the Service.
OORDY Advanced Booking Service – OORDY offers an extension on the OORDY Service which is titled “Advanced Bookings”. Advanced Bookings gives OORDY riders the opportunity to book their trip in advance. The advanced bookings service means OORDY riders can book their trip anywhere from 90 minutes to 14 days in advance at the time of their choosing.
Device and network usage – OORDY does not guarantee that the Service will function on any particular hardware or devices. The Service relies on your device and its network access and may be subject to limitations and delays inherent in the use of devices and electronic communications. Google Maps functions (for example the speed notification function or the use of maps in general) are reliant on network access and location services and may be subject to limitations or delays depending on the use of device or network. Your mobile network’s data and messaging fees apply.
Breach and termination – If you use or attempt to use the Service in breach of any Term, OORDY may charge you a cancellation or breach charge as notified on the App or website and may terminate your Account.
Text Messaging – By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from OORDY at any time by following the directions and/or prompts within the SMS. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes – OORDY may, in OORDY’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that OORDY establishes on a per promotional code basis (“Coupons”). You agree that Coupons: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by OORDY; (iii) may be disabled by OORDY at any time for any reason without liability to OORDY; (iv) may only be used pursuant to the specific terms that OORDY establishes for such a Coupon; (v) are not valid for cash; and (vi) may expire prior to your use. OORDY reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Coupons by you or any other user in the event that OORDY reasonably determines or believes that the use or redemption of the Coupon was in error, fraudulent, illegal, or in violation of the applicable Coupon terms or these Terms.
User Provided Content – OORDY may, in OORDY’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to OORDY through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to OORDY, you grant OORDY a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and OORDY’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant OORDY the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor OORDY’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by OORDY in its sole discretion, whether or not such material may be protected by law. OORDY may, but shall not be obligated to, review, monitor, or remove User Content, at OORDY’s sole discretion and at any time and for any reason, without notice to you.
CHARGES AND PAYMENT
Use of the Service will result in charges to you for transportation you arrange with Third Party Providers, as notified to you on the App or at the time of the transportation (Charges). After transportation has been arranged through your use of the Service, OORDY will facilitate your payment of the applicable Charges to the Third Party Provider. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by OORDY.
Charges are due at the time you use the Service. Payment will be facilitated by OORDY using a payment method designated in your Account, after which OORDY will send you a receipt by email. You may cancel your request for transportation from a Third Party Provider at any time prior to the Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
Other charges, such as for waiting time or failing to use the transportation after the Third Party Provider has arrived, may be notified to you on the App or by the Third Party Provider. You agree that OORDY may charge all such Charges to your Account without need to notify you or obtain your consent.
Repair or Cleaning Fees – You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by OORDY in OORDY’s reasonable discretion, OORDY reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by OORDY to the applicable Third Party Provider and are non-refundable.
Tolls – Passenger fare will include tolls if the trip goes through a toll road.
State Levies – Passenger fares will also include a state levy fee per trip if a trip occurs in a state where Commercial Passenger Vehicle levies are mandatory.
DISCLAIMERS
No guarantee – OORDY does not warrant or provide any guarantees in relation to the use of the Service, the reliability of information provided to you through the App, nor the availability or functionality of the App. OORDY has policies as notified on the OORDY website and App designed to promote the provision of quality transportation by Third Party Providers, but OORDY does not guarantee the quality, timeliness or safety of transportation services. You accept the risks arising out of your use of the Service and in the nature of transportation services to the maximum extent permitted by law.
Limitation of liability – You agree that OORDY is not liable for: delay or inability to provide the Service due to events beyond our control; the operation and maintenance of Third Party Providers’ vehicles; the actions or inactions of Third Party Providers; consequential loss caused by our breach of these Terms that does not arise in the natural and ordinary course of events; or loss which exceeds $2,000 or the consequences associated with drivers exceeding the speed limits in each state despite the speed limit notification feature within Google Maps.
Indemnity – you are liable for and agree to indemnify OORDY against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from: any information that you have provided to us being inaccurate, misleading or incomplete; your or your passenger’s breach of any law; your or your passenger’s breach of these Terms; or a misuse of the Service by you or your passengers.
Governing Law – these Terms are governed by and construed in accordance with the laws of Queensland, Australia and you accept the exclusive jurisdiction of its courts.
WEBSITE TERMS AND CONDITIONS OF USE
By accessing the website at oordy.com.au, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
- Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on OORDY’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on OORDY’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by OORDY at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Disclaimer
- The materials on OORDY’s website are provided on an ‘as is’ basis. OORDY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, OORDY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
- Limitations
In no event shall OORDY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on OORDY’s website, even if OORDY or a OORDY authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Accuracy of materials
The materials appearing on OORDY’s website could include technical, typographical, or photographic errors. OORDY does not warrant that any of the materials on its website are accurate, complete or current. OORDY may make changes to the materials contained on its website at any time without notice. However OORDY does not make any commitment to update the materials.
- Links
OORDY has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OORDY of the site. Use of any such linked website is at the user’s own risk.
- Modifications
OORDY may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
- Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.