Movement Terms and Conditions

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

clause 1.8 (Variations) which sets out how we may amend these Terms; and

clause 15 (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 in the Services, or for featuring certain goods or services on the Services. These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).

Subject to your compliance with these Terms, we will provide you with access to the Services and any features we choose to make available to you from time to time.

Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

Where the Services include the provision of an application programming interface (API), you agree to only use the API in accordance with the documentation that we provide to you through our Site or otherwise.

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

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.

Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services 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 should cease using the Services.

We are a software provider that offers a movement, discovery and transport-related platform. Depending on the feature being used, the Services may help you discover places, offers, routes, destinations, mobility options and related opportunities before, during and after movement. We are not a rideshare company, taxi service, or transportation provider ourselves. We do not own or operate vehicles, nor do we employ drivers directly.

Our Services may integrate with or otherwise interact with multiple transportation, mobility, venue, advertising, mapping, payments or third-party service providers. Depending on the feature being used, we may present transport options, contextual offers, venues, nearby opportunities, suggested routes, saved offers, rebate opportunities, reimbursement flows, or other movement-related options based on price, timing, location, relevance, availability, commercial arrangements, your preferences, or other factors we determine from time to time.

By using our Services, you acknowledge and agree that we are not responsible for the actions, omissions, conduct or performance of any transport provider, driver, venue, merchant, third-party mobility provider, payment provider or other third party you connect with, engage with, visit, transact with or are exposed to through the Services. Except where we expressly state otherwise, we provide the interface, technology and platform layer only, and do not assume responsibility for the goods or services supplied by third parties.

For clarity, the Services may be available and useful even where no Trip is booked or completed. This may include features that allow you to browse a map, discover nearby places or offers, save venues or offers, monitor movement, interact with suggested routes or destinations, or otherwise use the Services in connection with movement generally.

In some cases, the Services may also operate alongside third-party transport or mobility services that are not supplied by us, including where you input or upload trip details, keep the Services active during movement, upload receipts or other proof of travel, or become eligible for rebates, reimbursements, savings, benefits or other incentives made available through the Platform. Any such feature is subject to the requirements, validations, limits and conditions communicated through the Platform from time to time.

For trips, services or opportunities presented through a third-party API or other integration, the company name, logo or other identifying details of the relevant provider may be displayed when available. For opportunities or transport services facilitated through a Booma-operated workflow, the applicable fare type, service type, feature type, rebate model, reimbursement process or other relevant information may be shown on the Platform.

While our Services may be available in multiple countries, you acknowledge that transport regulations, available services, and emergency response systems may vary by location. You agree to comply with all local laws and regulations when using our Services in any jurisdiction. We make no representations or warranties about the availability, quality, or legality of movement, mobility, or related services in any particular location.

You acknowledge that for some Services, particularly those involving third-party providers, APIs, external transport, rebates, reimbursements, offers, venue-funded outcomes or other commercial arrangements, pricing, timing, availability, validation, fulfilment or settlement may be outside of our direct control and may be subject to our arrangements with third parties or the rules of the relevant feature.

You must sign up for an Account in order to access and use the Services.

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.

If you close your Account, you will lose access to the Services.

To ensure the safety and integrity of the Platform, all Users, must complete identity verification using their phone number and email address. By registering on the Platform, you consent to the collection and use of this information for verification purposes. We may, at our sole discretion, suspend, limit, or refuse access to the Platform if verification is incomplete, unsuccessful, or if we reasonably believe the verification information may be invalid or compromised.

Any fees, fares, subscription charges, custom endpoint charges, service charges, rebates, reimbursements, discounts, incentives or other amounts applicable to your use of the Services will be set out on the Platform. Depending on the feature being used, you may be able to select between different trip types, pricing models, service options, endpoints, subscriptions or other settings made available through the Platform.

We may make available, and you may choose to purchase from us, one or more subscriptions, membership plans or paid feature packages in connection with the Services, as set out on our Site (Subscription). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).

We may offer free trials for the Subscription. At the end of the free trial, you will either begin to be charged for the Subscription or lose access to it, as specified in the trial offer you sign up to.

Details of our Subscription, including features, limitations, fees and payment periods are set out on our Site.

Our payment methods will be set out at the time you purchase the Subscription. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

In addition to any applicable subscription or other platform fee, you may be required to pay a Trip Price or other amount for each trip, service, booking, custom endpoint, or other payable feature accessed through the Platform. The Trip Price is based upon: base fare, base charge or other starting price shown on the Platform; estimated or actual time, distance, route, endpoint, stop count or service duration; current demand, supply, traffic conditions, timing or location; any tolls, fees, surcharges or third-party charges applicable to your movement or service; any discounts, promotions, subsidies, rebates, reimbursements, business-funded contributions or other commercial adjustments; and any other factor disclosed on the Platform at or before the time you confirm or use the relevant feature.

You will be charged a Booking Service Percentage, booking fee, service fee, subscription fee, custom endpoint fee or other amount in connection with your use of the Platform. The applicable amount, and the way it is calculated, will be displayed on the Platform, communicated to you, or otherwise made available to you before or at the time the relevant feature is used.

Our Platform uses dynamic pricing, variable pricing, custom endpoint pricing, hotspot pricing, promotional pricing, subscription-linked pricing or other pricing logic from time to time. Where relevant, this will be indicated on the Platform before you confirm the relevant booking, trip, endpoint, feature or purchase.

The total amount payable by you in connection with the relevant feature, trip or service will be displayed on the Platform or otherwise communicated to you, and may be charged to your designated payment method at the time of booking, during use, on completion, after validation, by subscription billing cycle, or at another time disclosed through the Platform. Receipts, invoices or confirmations may be provided electronically.

Any savings, rebates, reimbursement estimates, comparative pricing or similar information displayed on the Platform are provided for general informational purposes only and may be calculated by reference to equivalent fares, comparable providers, historical market data, local competitor pricing, service type, venue-funded outcomes, business-funded discounts, reimbursement rules or other internal or external data sources. Unless we expressly state otherwise, such information is indicative only and does not guarantee future pricing, savings, eligibility, reimbursements or outcomes.

In some cases, the Platform may offer reimbursement, rebate, cashback, sponsored movement or similar benefit features in connection with public transport, third-party rideshare, taxi or other movement activity. Eligibility for any such feature may depend on factors such as route validation, timing, receipt upload, foreground or background app usage, engagement with required steps, successful verification, availability, feature rules and fraud or abuse checks. We may decline, reduce, reverse or withhold any such amount where the applicable conditions are not met or where we reasonably suspect misuse, error or fraud.

Our Platform may offer the option to tip your driver. Any tip amount is at your discretion and will be charged in addition to your Trip Price using your selected payment method.

We reserve the right to change our pricing structure at any time. Any changes will be communicated to you through the Platform and will take effect from your next booking.

Invoices: You will receive an invoice, receipt, confirmation or other transaction record for trips, subscriptions, reimbursements, rebates, or other transactions completed or processed through the Platform. These may be issued by email, in-app, or by another electronic method as soon as reasonably practicable following the relevant transaction or validation event.

You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the 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.

If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may: suspend your access to the Services; undertake debt recovery at your cost; 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.

You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

In the event of a dispute relating to a payment, fare, trip, reimbursement, rebate, offer, venue redemption, or other amount or feature made available through the Platform, we may, at our discretion, facilitate communication or assist to mediate the matter. However, we are not responsible for determining, enforcing, or reimbursing disputed amounts between users and third parties unless we expressly agree otherwise. Our involvement is solely to support resolution and does not constitute acceptance of liability.

During the Term, we grant you a right to use our basic Services in accordance with these Terms.

When you purchase our Paid Services, we grant you the right to access the purchased Service until the earlier of the specified duration of access, these Terms are terminated or you cancel the specific Service. These rights cannot be passed on or transferred to any other person.

You must not:

access or use the Services 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 the Services, or any other person’s access to or use of the Services;

introduce any viruses or other malicious software code into the Services;

use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;

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

use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;

circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or

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

Misuse, manipulate, falsify, or interfere with any location-based, route-based, receipt upload, savings, rebate, reimbursement, subscription, offer or redemption feature of the Services.

If the Services include API access, you may use any provided APIs in accordance with our API documentation and usage policies.

You may have the option to filter drivers by gender when using our Services. To facilitate this option, we will collect and store your gender information. However, you acknowledge that this option is subject to availability and we cannot guarantee that your preference will always be accommodated.

You are responsible for ensuring that your device is compatible with the Platform and has sufficient mobile data, GPS functionality, and network connectivity, permissions and operating capability to use the relevant Services and features, including where those features rely on location tracking, push notifications, receipt uploads, route monitoring or in-app discovery functions.

While we strive to always make the Services available to you, we do not guarantee 100% availability. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

The Services 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 the Services.

Aircraft Services: If you book a helicopter or any other type of aircraft using our Services, you agree that you must not approach the aircraft until you have received a safety briefing from the pilot. You further agree:

to comply with all safety instructions provided by the service provider and crew; and

that we are not responsible for the safety or operation of the aircraft.

Boat Services: If you book a water vessel using our Services, you agree that you must not approach or board the vessel until you have received a safety briefing from the service provider. You further agree:

to comply with all safety instructions provided by the service provider and/or any crew; and

acknowledge that we are not responsible for the safety or operation of the vessel.

Autonomous Vehicles: In certain locations, you may have the option to book autonomous vehicles. By selecting this option, you agree:

to follow all safety instructions provided for the use of autonomous vehicles; and

that while these vehicles are approved for use, they are still an emerging technology and may have limitations or risks.

Tow Trucks: In certain locations, you may have the option to book a tow truck. By selecting this option, you agree: to follow all safety instructions provided by the two truck driver; and acknowledge we are not responsible for the safety or operation of the vehicle.

Drone Services: If you use our Services to book drone services, you agree to:

comply with all relevant safety regulations and instructions provided by the service provider; and

use these services at your own risk, acknowledging that we are not responsible for the operation or safety of the drones.

Emergency Services: Our Services may offer the ability to contact emergency services. By using this feature, you agree that:

you will only use it for genuine emergencies;

we are not responsible for the response time or actions of emergency services; and

for non-critical situations, you may be offered alternative transportation to medical facilities to avoid burdening emergency response systems.

Pet Transfer: If you use our Services for pet transfer, you agree to:

ensure your pet is properly secured and follows all relevant transportation regulations; and

take full responsibility for your pet’s behaviour and any damage it may cause during transport.

Package Delivery: In some areas, our Services may facilitate delivery of packages. You acknowledge that:

we are not responsible for the contents of any packages; and

you must provide accurate instructions to service providers to ensure safety and proper storage and delivery of the package; and

responsibility for the package ultimately rests with you. We may, at our discretion, assist to facilitate communication or resolution between parties to support a smooth process, but we are not liable for any outcomes or losses arising from such matters.

The availability, pricing, timing, fulfilment, redemption or delivery of some Services, offers, bookings, reimbursements, rebates or other features may depend on third-party providers, APIs, payment processors, transport providers, venues, merchants or other external parties. We do not guarantee the availability, quality, legality, fulfilment or ongoing support of any third-party goods, services or integrations.

For Services or features provided through third-party integrations, the pricing structure, timing, availability, fulfilment, reimbursement, redemption and settlement process may be outside of our direct control and subject to the rules, systems and arrangements of those third parties.

We own all intellectual property rights in the Services. This includes how the Services look and function, 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

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.

We do not own any of Your Data, however, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to: supply the Services to you and otherwise perform our obligations under these Terms; diagnose problems with the Services; improve, develop and protect the Services; personalise, tailor, rank or optimise movement, discovery, offers, routes, destinations, reimbursements, rebates, subscriptions and other platform features; 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 Services; create anonymised or de-identified insights, analytics or datasets in accordance with applicable law; or otherwise perform our obligations under these Terms as reasonably required.

You acknowledge and agree that processing and transmission of Your Data by us may occur over various networks.

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; and backing up Your Data.

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 Services, including during Trips, while browsing or using discovery features, while monitoring or validating movement, while interacting with route or destination-based features, and where otherwise reasonably necessary for platform operation, safety, compliance, service improvement, reimbursements, rebates, offer delivery or related functionality. 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 features.

When you use the Services, we may create anonymised statistical data from Your Data and usage of the 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 the Services, to develop new services or product offerings, to identify business trends, and for other uses. 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 the Services.

If we become aware of a data breach affecting Your Data or Personal Information, we will notify you where required by law. To the maximum extent permitted by law, we are not liable for any unauthorised access to, disclosure of, or use of Your Data arising from circumstances beyond our reasonable control, including cyber- attacks, third-party failures, or transmission errors.

This clause 11 will survive the termination or expiry of these Terms.

While using the 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 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, disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws. This may include your contact details, account information, home postcode, age range, gender, device information, location information, movement-related information, preferences, saved items, usage behaviour, receipt or booking information, and other information you

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

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).

Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

This clause 13 will survive the termination or expiry of these Terms.

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.

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)).

This clause 14 will survive the termination or expiry of these Terms.

You acknowledge and agree that we are a software and platform provider only and not a transportation service, transport operator, venue operator, merchant or other end supplier. We are not liable for the acts, omissions, conduct or performance of any driver, transport provider, venue, merchant or other third party you interact with, travel with, purchase from, receive services from, or are exposed to through the Services. This includes route selection, driving behaviour, vehicle condition, provider conduct, venue fulfilment, offer redemption, reimbursement decisions by third parties, or other incidents that may arise in connection with your movement or use of the Services.

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:

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

any use of the Services by a person or entity other than you.

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 the 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 fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.

This clause 15 will survive the termination or expiry of these Terms.

To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Services and any content available on the Services.

Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must not use the Platform to improperly circumvent our booking, payment, subscription, rebate, reimbursement, offer, redemption or other platform processes in relation to any trip, service, provider, venue, merchant or opportunity introduced or made available through the Services. Any attempt to move transactions, bookings, benefits or opportunities off the Platform in breach of these Terms may result in immediate suspension or termination of your Account. Suspension

We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the 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 these Terms and your access to the Services will end.

You acknowledge and agree that drivers, passengers, customers, users and other persons using or interacting through the Platform must act respectfully, lawfully and safely when using the Platform and in connection with any Trip, discovery feature, offer, destination, venue or other Service. You must not engage in abusive, threatening, discriminatory, violent, misleading or fraudulent conduct. We reserve the right to investigate and take appropriate action (including suspension or termination of your Account) for any conduct that we reasonably consider unsafe, inappropriate, misleading or abusive. Termination

We may terminate these Terms (meaning you will lose access to the Services) if: you fail to pay your fees when they are due; you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; you breach these Terms and that breach cannot be remedied; we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; 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.

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 18.8), and termination will take effect as soon as reasonably possible.

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.

This clause 17 will survive the termination or expiry of these Terms.

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: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, our Services (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. Regarding disputes between users and third parties connected through the Platform, including drivers, passengers, transport providers, venues, merchants or other providers, we may in good faith facilitate communication or assist resolution, but we are not responsible for the outcomes of any such discussions, mediation or resolution process.

Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the 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 the 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.

Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

Publicity: You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

In these Terms: Account means an account accessible to the individual or entity who signed up to the Services. 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 the Services (including the Services) will not constitute “Consequential Loss”. 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. Services means the services, platform features and related functionality we provide to you, as detailed at the beginning of these Terms and elsewhere in these Terms, including movement, transport, discovery, pricing, payment, subscription, rebate, reimbursement, offer, route, destination or related platform functionality made available by us from time to time.