Driver Terms and Conditions

our privacy policy (on our website) which sets out how we will handle your personal information;

clause 1.5 (Variations) which sets out how we may amend these Terms;

clause 5 (Driver Registration and Requirements) which sets out important information about your registration requirements as a Driver on the Platform; and

clause 13 (Liability) which sets out exclusions and limitations to our liability under these Terms. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our Platform, or for featuring certain goods or services on our Platform. These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

You must be at least 18 years old to use our Platform. Platform Licence

While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person and, if you have a Subscription, will also be subject to the conditions of your Subscription (as set out on our Platform or in your Account).

You must not (and you must ensure that your Authorised Users do not):

access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

introduce any viruses or other malicious software code into our Platform;

attempt to access any data or log into any server or account that you are not expressly authorised to access;

use our Platform to send unsolicited electronic messages;

use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or

access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Subscription with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Subscription: you will no longer be able to access our Services (including our Platform) on and from the date of cancellation; and if you have paid Subscription Fees upfront, you will be issued a pro-rata refund based on the portion of the Subscription Period remaining.

Our Platform is a technology platform through which Drivers may receive, manage and complete transport-related opportunities and access certain related movement, navigation, discovery or platform features. In some cases, this may include Trips, and in other cases it may include features or integrations connected with third-party transport, routing, mobility, or customer engagement services.

We provide our Services (including the Platform) as a technology and marketplace layer. We may facilitate, support, route, display or otherwise enable Trips, movement-related interactions, or third-party transport or mobility integrations, but we are not a party to any transport, driving or other end-user service carried out by you. You acknowledge and agree that, although you register on our Platform using an Account, you act as an independent contractor and not as our employee, partner, agent or representative. Our responsibilities are limited to the Services expressly set out in these Terms, and may include platform functionality, support services, and performance or quality review processes.

Drivers wanting to access or use driver-facing functions of the Platform must create an Account unless access is provided through a third-party API or other approved third-party integration. Drivers must provide an accurate and complete description of the transport, driving, vehicle, routing or related services they are capable of providing or supporting through the Platform, including information about the vehicle, whether it is approved to carry passengers, pets or parcels, and any limitations that apply. We may also request personal information that is reasonably necessary to provide the Platform, including to support user preferences, filtering, safety, compliance, or feature functionality.

Details of any Trip, job, opportunity, or driver-facing task made available through the Platform will be set out on the Platform. These details may include the payout or other remuneration applicable to the relevant activity, plus or minus any applicable fees, discounts, bonuses, subsidies, commissions, adjustments or other amounts, and any relevant time, route, endpoint or service information. Where applicable, the Platform may present different pricing, payout or allocation models, including fare-based, time-based, distance-based, fixed-fee, subsidised, or other models notified through the Platform from time to time.

Once a Driver accepts a Trip or other driver opportunity shown on the Platform, the Platform may provide the Driver with the customer’s or relevant user’s first name, contact details, routing details and any other information reasonably necessary to perform the relevant service or activity. Drivers must not use Platform information to circumvent any fees payable to us or to move users, bookings or opportunities off the Platform or away from any approved third-party integration connected to the Platform.

All monies received in connection with a Trip or other driver-facing activity on the Platform may be processed by us, our related entities, our third-party payment processor, or a relevant approved third-party integration provider, depending on how that service is made available. Amounts payable to Drivers may be distributed net of any applicable Booking Fee, service fee, commission, payment processing fee, subsidy adjustment, clawback, rebate adjustment, or other amount permitted under these Terms or disclosed through the Platform. Drivers will only be paid the amount properly payable in respect of the relevant activity, and payment timing will be as communicated by us or the applicable integration provider.

By creating an Account, you confirm that you are legally entitled to and capable of supplying the Trips in accordance with the information in your Account, including relevant vehicle details.

You acknowledge and agree that the Platform may push, allocate, rank, display or otherwise make available Trips or other driver-facing opportunities to you based on a range of factors, including your activity history, vehicle type, location, ratings, responsiveness, cancellations, service quality, feature usage, compatibility with user preferences, and our platform rules and discretion from time to time. We make no guarantees in relation to the amount of Trips or other opportunities you will receive through the Platform.

You must have appropriate insurance to cover the Trips that you provide using our Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

API Integration: If you accept a Trip using a third-party API integration on the Platform, you must not share any intellectual property, confidential information, trade marked information, images, or any software coding that you may or may not be able to access through the Platform. You acknowledge and agree that any Trips provided are based on requirements set out in agreement between us and the relevant third party company supplying the API.

We provide the following services to you: access to our Platform and its driver-facing features; access to any movement, routing, discovery, navigation, integration or related functionality that we choose to make available to Drivers from time to time; and access to our troubleshooting support (Support Services), (collectively, our Services).

If you require Support Services, you may request these by getting in touch with us through our Platform.

Unless we agree otherwise, Support Services cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.

We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

While you have an Account with us, you agree to: keep your information up-to-date (and ensure it remains true, accurate and complete); keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

Any individual or company lawfully authorised to provide commercial passenger transport services, driving services, or other approved driver-related services connected with the Platform may apply to become a Driver on our Platform. This includes, but is not limited to, rideshare drivers, taxi operators, drivers engaged through booking service providers, and other specialty vehicle or transport operators approved by us. To register as a Driver on the Booma Driver App, you must: be a registered and approved driver with a transport provider, booking service provider, fleet operator, or other service or entity approved by us; have a registered and current ABN or ACN, as applicable; possess a valid driver’s license and vehicle licenses if applicable; have appropriate commercial vehicle insurance and motor vehicle insurance, as required; maintain a vehicle that meets industry standard safety and cleanliness standards; and comply with all local, state, and federal regulations regarding commercial passenger transport and commercial passenger vehicles, including all applicable government taxes and levies. As part of the registration process, all Users including Drivers, must verify their identity using their phone number and email address. Drivers may also be required to use their mobile device to complete face verification each time they log into the Platform. These verification processes are designed to ensure the safety and integrity of the Platform. You acknowledge and agree that, creating an account or submitting an application on the Booma Driver App does not automatically make you an approved Driver on the Platform. You will only become an approved Driver once we have completed any verification or review processes that we consider appropriate and have confirmed your approval (for example, by email or through your Account).

We may request that you provide documents or information to verify your eligibility to provide Trips, including (but not limited to) driver accreditation, vehicle registration, insurance, and licensing details. We may undertake verification checks ourselves or through third-party providers. While verification may take up to a maximum of 16 weeks from the time you provide the required information, we will use reasonable efforts to complete the verification process as soon as practicable and, where possible, within a shorter timeframe.

Notwithstanding any clause to the contrary, all verification checks undertaken by us is at our sole discretion and performed in good faith. While we may conduct these checks, you acknowledge and agree that you remain solely responsible for ensuring you hold all necessary accreditations, licences, approvals and insurances at all times. Our verification processes are intended to supplement, and not replace, your own legal obligations. You are solely responsible for ensuring ongoing compliance with all applicable laws, regulations, industry standards, and best practices, as well as any policies, procedures, or requirements imposed by the company or service under which you are engaged or providing Trips. No act or omission on our behalf alters or limits your responsibility to meet these obligations at all times whilst using the Platform.

Drivers are independent contractors and not our employees. You are responsible for your own taxes, insurance, and compliance with all applicable laws, regulations and government ordinances in your local area and country.

For clarity, nothing in these Terms makes us the employer, principal, transport operator, booking service provider, or contracting counterparty for any driving or transport services you provide, except to the limited extent required by applicable law. You are solely responsible for your own service provision, transport compliance, dealings with any fleet, booking service provider or other intermediary through whom you operate, and your own tax, superannuation, insurance and employment-related obligations.

We reserve the right to remove Drivers from our Platform who consistently receive poor ratings, frequently cancel Trips, or violate these Terms. You further acknowledge and agree that if you cancel a Trip this will result in the Platform pushing less Trips to you, depending on how many cancellations you have made, until you are removed from the Platform entirely. For clarity, if you cancel Trips regularly, you may be subject to temporary suspension from accepting new Trips for escalating periods of time. Continued repeated cancellations after such suspensions may result in permanent removal from the Platform.

Drivers are prohibited from soliciting or encouraging Passengers to use alternative ridesharing platforms or booking services outside of the Platform. Drivers must not exchange contact information with Passengers for the purpose of arranging or negotiating rides outside of the Platform or any service we provide. Any violation of this clause may result in immediate termination of your Account and you may be held liable for any resulting loss of revenue or business.

Accessibility: You must comply with all applicable accessibility laws, including the Disability Discrimination Act 1992 (Cth). You agree not to refuse service to passengers on the basis of disability, the use of service or assistance animals, or any other protected characteristics. Drivers must accommodate passengers with disabilities in a respectful, timely and non-discriminatory manner.

All users of our Platform must comply with applicable safety laws and regulations. Drivers must act respectfully, lawfully and safely at all times when using the Platform, during Trips, and when using any driver-facing navigation, routing, discovery or related feature made available through the Platform. Abusive, harassing, discriminatory, or violent behaviour, and being under the influence of drugs or alcohol while driving, is prohibited. We reserve the right to immediately suspend or terminate your account if we reasonably believe your conduct creates a risk to passengers, customers, road users, or the public.

Where you supply high risk forms of transport, such as different types of aircraft, boats, tow trucks or autonomous vehicles, you must provide appropriate safety briefings, instructions and clear protocols to ensure Passenger safety. You must comply with all safety protocols and requirements specific to these vehicles and ensure that you take all reasonable steps to assist Passengers with complying and remaining safe. You agree to notify us as soon as possible if you are involved in any accident, injury, or safety incident during a Trip, or if law enforcement becomes involved in relation to a Trip.

You are solely responsible for ensuring the safety and security of any parcels, goods or pets transported during a Trip. In the event of damage, injury, or loss to parcels, goods or pets due to your negligence, poor driving, or failure to take reasonable precautions, you will be liable for any resulting costs or losses. We advise you to obtain and maintain appropriate insurance coverage to protect against such risks. We reserve the right to remove you from the Platform if you consistently receive complaints or negative feedback regarding the handling of parcels or pets. We may, at our discretion, assist communications to facilitate resolution but you acknowledge that we are not liable for the outcome.

While you are responsible for managing your own fatigue and complying with all legal requirements, as well as any guidelines, policies, or fatigue-management requirements imposed by the company or service under which you are engaged or providing Trips, we may, from time to time and at our discretion, implement processes designed to promote driver wellbeing. These processes may include tracking driving hours on the Platform, and/or issuing push notifications to remind you to take rest breaks or to self-manage if you have completed 12 hours of Trips in a 24-hour period. Any such measures are provided as a goodwill service only and do not shift responsibility from you to ensure you are fit, safe and legally entitled to drive.

Vehicle Maintenance: You must maintain your vehicle in a roadworthy, clean, and safe condition, and must comply with all applicable vehicle inspection and certification requirements. The Platform may require you to upload a current roadworthy certificate (or equivalent inspection document) at regular intervals, as required by applicable legislation or as otherwise requested by us. You must ensure that any such certificate remains valid and up to date. Failure to provide a valid roadworthy certificate within the required timeframe, or to maintain your

We may charge a Booking Fee, service fee, commission or other platform fee in connection with Trips or other driver-facing activities made available through the Platform. Any such fee may be calculated on a per-Trip, per- transaction, percentage, time-based, fixed, variable or other basis as disclosed on the Platform from time to time, and may be deducted from amounts otherwise payable to you.

Without, limiting the above, the Platform may from time to time apply business-funded subsidies, promotions, incentives, pricing adjustments, or sponsored movement arrangements that affect the price charged to customers, the payout to Drivers, or both. Unless we expressly state otherwise on the Platform, you have no entitlement to any particular subsidy, incentive or promotion beyond the amount shown or confirmed to you through the Platform for the relevant Trip or activity.

You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

It is your sole responsibility to ensure that the bank account details provided for payment are accurate and current. We shall not be liable for any loss, delay, or failure in payment resulting from the submission of incorrect or invalid bank account details by you. Where funds cannot be recovered due to user error, we are not obliged to make further attempts to recoup or reissue payments, and you accordingly waive any claim to such funds under these circumstances.

We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

API Fees: If a Trip or other driver-facing activity is accepted, allocated or completed through a third-party API integration or other approved third-party system, any applicable fees, payments or payouts may be handled by that integration provider or by us, as notified through the Platform or the relevant integration. We accept no responsibility for any delay, failure or discrepancy caused by the third-party integration provider, except to the extent required by law.

Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may: suspend your access to our Services (including access to our Platform); and charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

Taxes: You are responsible for paying any levies or taxes associated with your use of our Services for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf). You will further be responsible for any levies or taxes associated with your provision of Trips, including commercial passenger services levies, or as a virtue of your registration as a booking service provider. You acknowledge and agree that we take no responsibility for the payment of such levies or taxes and we will not assist with payment of such amounts, except in our sole discretion in good faith.

Repair or Cleaning Fees: You shall be responsible for the cost of repair for damage to, or necessary cleaning of, your vehicles and property resulting from provision of the Trips in excess of normal “wear and tear” damages and necessary cleaning (Repair or Cleaning). This may involve invoicing or contacting the fleet or booking service provider you drive for to reimburse you for the costs of Repair or Cleaning.

Trip Completion and Confirmation: If you accept a trip on the Platform, you must confirm the completion of the trip in the manner prescribed by us within six (6) hours from the scheduled end of the trip, regardless of the reason for non-completion, which may include, but is not limited to, negligence, technical issues (such as a lack of phone battery, forgetfulness, or any other cause). If you fail to provide such confirmation within the six (6) hour window, we reserve the right, at our sole discretion, to limit your payment for that trip to no more than the listed base fare for the trip, or to withhold payment for the trip entirely. We may take into account any relevant evidence or explanations provided by you when determining the final payment outcome.

Third Party Payment Processing: You may provide bank account details or link your own Stripe account for the purpose of receiving payments for Trips. All payment processing is facilitated through our third party payment processors (including Stripe). We do not store or retain Drivers’ bank account details on our systems. If you link your own Stripe account, you acknowledge that Stripe may charge a small processing fee on payments, which may be incurred directly by you. All payment processing and data storage, whether through your linked Stripe account or our nominated third-party processor, are subject to the policies and terms of service of the respective payment processor.

Chargebacks: If a payment made by a Passenger is charged back or reversed, we may deduct the relevant amount from future payments to you or seek direct recovery from you. You acknowledge that you are required to pay us any such amount on demand, and we reserve the right to suspend your account and pursue legal recovery if the amount is not repaid within the period specified in the demand notice. This obligation applies regardless of the reason for the chargeback or reversal.

Invoices: Drivers will receive monthly invoices detailing all Trips completed during the relevant period. Drivers may also access trip costs and related information within the Booma Driver Platform at all times except where such access is temporarily unavailable due to circumstances beyond our reasonable control (including technical or third-party service disruptions). While we take reasonable steps to ensure the accuracy of all invoices, you acknowledge that you are responsible for reviewing and retaining invoices for your own records and compliance with applicable tax or legal requirements.

Early Cash-outs: Drivers may have the option to request early cash-out of funds through the Platform using Stripe or other supported third-party payment processors. If you request an early cash-out, you acknowledge and agree that: early cash-out requests must be approved by the Platform before any funds are released; such transactions may incur fees imposed by Stripe or other third-party payment processors, which are outside of our control; any applicable fees associated with the early cash-out will be charged to the recipient of the transaction (i.e., the Driver requesting the early cash-out); and the Platform is not responsible for, and does not guarantee, the timing, amount, or fee structure of early cash-out transactions, which are subject to the policies and terms of service of the payment processor. By requesting and using the early cash-out facility, you consent to the deduction of any applicable third-party fees from your transaction amount.

Drivers and Passengers may or may not review their experiences with each other on our Platform (Review). We may remove Drivers from our Platform (at our sole discretion) who receive a high number of negative Reviews.

You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.

You may only provide a Review about your own experience. You must not create or provide a Review about another person’s experience.

You may only disclose your name as part of your Review and must not disclose any other Personal Information.

You are responsible for ensuring that your device is compatible and has adequate mobile data and GPS access to use the Platform. We are not liable for Service disruptions resulting from device incompatibility, poor network signal, or GPS errors.

While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

We collect, hold, use and disclose any Personal Information you provide to us (including biometric information collected during face verification) in accordance with our privacy policy, available on our website, and applicable privacy laws. This may include information reasonably necessary for account authentication, identity verification, safety, compliance, trip allocation, routing, platform operation, feature optimisation, and movement-related or driver-facing functionality made available through the Platform from time to time. For the avoidance of doubt, face verification data may be used solely for authentication purposes and will be stored securely. Where required for lawful service provision, we may also collect and process other personal information relevant to user preferences, platform matching or feature delivery in accordance with applicable privacy laws.

You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

Drivers and Passengers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Passengers to Drivers, and vice versa, so that they can connect and transact.

Where we are required by law to report on our activities, we may collect, use and disclose Personal Information and other relevant data for the purpose of complying with regulatory and statutory reporting requirements. You acknowledge and agree that such information may be shared with government departments, authorities, or regulatory bodies as mandated by applicable laws or upon official request, and you agree to provide us with such information within the timeframes reasonably requested by us.

In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Passengers may have Consumer Law Rights in respect of Trips provided by Drivers and booking service providers. Cancellations and Refunds between Drivers and Passengers

The cancellation and refund of any amounts paid in respect of a Trip is strictly a matter between Drivers and Passengers.

We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions. Your Data

We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to: supply our Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use our Services), and otherwise perform our obligations under these Terms; diagnose problems with our Services; improve, develop and protect our Services; send you information we think may be of interest to you based on your marketing preferences; perform analytics for the purpose of remedying bugs or issues with our Platform; or perform our obligations under these Terms (as reasonably required).

You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.

Location Tracking and Data Collection: By using the Platform, you acknowledge and agree that we may collect and process location data (including GPS coordinates) from your device when you are using the Platform, including during Trips, while using driver-facing navigation or routing features, when engaging with related Platform functions, or where otherwise reasonably necessary for safety, compliance, platform operation, service improvement or feature delivery. This information forms part of ‘Your Data’ and will be handled in accordance with applicable Australian privacy laws. If you disable location permissions, you may be unable to access or use certain Services or Platform features.

You are responsible for (meaning we are not liable for): the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and backing up Your Data.

When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

If you do not provide Your Data to us, it may impact your ability to receive our Services.

If we become aware of a data breach affecting Your Data, we will seek to notify you if and as required by law. To the maximum extent permitted by law, Booma is not liable for unauthorised access or use of Your Data arising from events outside our reasonable control, including cyber-attacks, third-party failures, or transmission errors.

We are a technology service provider and operate as a platform, marketplace, interface and related services layer connecting users, Drivers, transport companies and, in some cases, third-party transport, mobility or integration providers through the Platform. We do not own or operate vehicles, employ Drivers, or, except to the limited extent required by law, provide or accept responsibility for transport or passenger services carried out by Drivers or third parties. To the maximum extent permitted by law, we are not a booking service provider, rideshare facilitator, taxi network, transport operator, or any equivalent regulated entity under any applicable transport or commercial passenger vehicle legislation, unless and only to the extent such status is imposed on us by law.

In the event that Booma Drive (or any of its related entities) is determined by a regulator, court, or other authority to be a booking service provider, rideshare facilitator, or equivalent regulated entity under the relevant laws of any jurisdiction, these Terms are to be read as including such obligations as are required by law, including (but not limited to) obligations relating to safety, fatigue management, data collection and record-keeping. In such circumstances, we reserve the right to amend these Terms or introduce additional requirements to ensure compliance with all applicable laws and regulations.

We are not responsible for the actions or inactions of Drivers or booking service providers. We are not liable for Driver error or negligence and all actions or omissions of the Driver are their own.

To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

any aspect of the interactions between Drivers and Passengers, including in relation to any Trips;

your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

any use of our Services by a person or entity other than you or your Authorised Users.

Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

neither we or you are liable for any Consequential Loss;

a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000.

You agree to indemnify us for any liability, cost, loss, or expense (including legal costs on a full indemnity basis) incurred as a result of your breach of these Terms, your negligent or unlawful conduct in connection with a Trip, or third-party claims arising from your conduct.

We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

We may terminate these Terms (meaning you will lose access to our Services, including access to your Account, and any Subscription will be cancelled) if: you fail to pay your Subscription Fees when they are due; you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; you or your Authorised Users breach these Terms and that breach cannot be remedied; or you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

You may terminate these Terms if: we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or we breach these Terms and that breach cannot be remedied, and if you have paid Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Period remaining.

You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 15.10), and if you have a Subscription, termination will take effect at the end of your current Subscription Period.

Upon termination of these Terms we will retain Your Data (including copies) as required by law or regulatory requirements.

Termination of these Terms will not affect any other rights or liabilities that we or you may have.

Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

Disputes between Drivers and Passengers: We encourage Drivers and Passengers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith. In the event that a dispute cannot be resolved, Drivers and Passengers may choose to resolve the dispute through mediation. While we may assist with resolution, we are not responsible for mediating or resolving disputes between Drivers and Passengers, including any amounts that are unpaid.

Disputes with Booma: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting: where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control. This includes without limitation, natural disasters, acts of war, terrorism, pandemics, government restrictions, strikes or failure of utilities or telecommunications, or any unavailability, malfunction, or interruption of third-party integrations, software, platforms, or APIs that the Platform relies upon.

Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.

Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

Survival: Clauses 10 to 15 will survive the termination or expiry of these Terms.

Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

In these Terms: Account means an account accessible to the individual or entity who signed up to our Services, under which Authorised Users may be granted with access. Authorised User means a user that you have invited to use the Platform through your Account. Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”. Customer means a passenger, end user or other person who receives, requests, engages with or is the subject of a Trip or other relevant service or activity made available through the Platform. Driver Features means any driver-facing feature, tool, interface, route, navigation, discovery, integration, allocation, payment or related functionality made available through the Platform from time to time. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise. Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not. Platform means our cloud-based platform that we provide you with access to as part of the Services. Services means the services we provide to you, as detailed in clause 3.1. Subscription means the Subscription plan you have chosen through our Platform, which you use to access certain features and benefits. Subscription Fees means the fees you pay to us to access your chosen Subscription. Subscription Period means the duration of your Subscription (such as monthly, annually, or as otherwise set out on our Platform). Trip means a transport-related engagement, job, journey or service opportunity made available through the Platform, including where you use your vehicle to transport a Passenger or otherwise provide an approved transport or driver-related service in accordance with the details made available on the Platform. Your Data means the information, materials, logos, documents, qualifications, location data and other intellectual property or data supplied by you and your Authorised Users when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.