PeepsRide’s Terms and Conditions

Welcome to PeepsRide; a social enterprise that enables carpooling and transport services for those with a disability, care organisations, inclusive businesses, schools, carers, guardians and their dependents.

PeepsRide is owned and operated by PeepsRide Proprietary Limited, a Limited Liability Company registered under the Corporation Act, 2001. Our office is at 11 York Street, Sydney, New South Wales 2000, Australia.

The terms and conditions (Terms) given here will govern your (as a user) access to and use of the following:

• PeepsRide’s website
• PeepsRide’s email
• PeepsRide’s mobile/tablet applications
• Any other modes you may use to interact with PeepsRide

From here on, we’ll refer to all these modes collectively as PeepsRide’s Platform.

By accessing or using PeepsRide’s Platform, you are agreeing to these Terms, which form a legally binding agreement between you and PeepsRide.

If you do not agree to be bound by these Terms, please do not access this website and/or use PeepsRide’s Platform.

This electronic record is generated by a computer system. So no signatures—physical or digital—are needed to make it binding on parties.

Terms Used

Here are some common terms you will come across in the Terms and Conditions:

• We/Our(s)/Us/PeepsRide: refers to PeepsRide and its affiliates
• You/Your(s): refers to the users of PeepsRide’s Platform
• Party/Parties: refer to PeepsRide and users of PeepsRide
• User(s): refers to both the drivers and passengers who avail themselves of PeepsRide’s services through PeepsRide’s Platform
• Driver(s): refers to users who list their vehicles (as defined in the End User Licence Agreement) on PeepsRide’s Platform and offer vehicle transportation services to passengers
• Passenger(s): refers to users who avail themselves of vehicle transportation services (as defined in the End User Licence Agreement) from PeepsRide’s Platform
• Personally Identifiable Information: refers to the information that identifies an individual/person. This information includes, but is not limited to:
  • Name, age, gender, date of birth
  • Health information
  • Debit/credit card details
  • Bank account details
  • Email address
  • Contact details
• Service(s): refers to vehicle transportation facilities that PeepsRide makes available to users through PeepsRide’s Platform
• Third Party: refers to any individual or legal entity who is not a party to these Terms and Conditions
• Third Party website: refers to any Third Party link that appears on PeepsRide’s Platform. When you click such a link, you will leave PeepsRide’s Platform and access another website/platform that is not bound by these Terms and Conditions.
• Prohibited business(es): refers to legal entities that are not allowed to access, download, install or use PeepsRide’s Platform. This is explained in detail in Annexure A (Prohibited Business) of this agreement.

User Representations

To use PeepsRide’s Platform, you represent and confirm that you are at least eighteen (18) years of age or above to form a binding contract with PeepsRide.

What if you are a minor or a person of unsound mind or a person who is incompetent to contract?

In these cases, if you use, transact with or avail of the services on PeepsRide’s Platform, we assume that you are doing so in the presence of an adult or your legal guardian who is capable of agreeing to the Terms.

Users of 18 years of age or above

As a user who is 18 years of age or above and as an adult/guardian under whose supervision other users access and use PeepsRide’s Platform, you are liable under the following Terms:

1. You agree to the collection, processing and use of your data and information in accordance with our Privacy Policy.
2. You agree that your access and use of PeepsRide’s Platform is at your own risk. This includes the risk that you may be exposed to content that may be inaccurate, offensive, objectionable or otherwise inappropriate.
3. You agree that PeepsRide’s Platform may be modified, updated, interrupted, suspended or discontinued at any time without prior notice and without PeepsRide incurring any liability.
4. Please review these Terms periodically for any updates, changes or modifications. By continuing to access or use PeepsRide’s Platform after any changes become effective, you are accepting and agreeing to the revisions. On the condition that you strictly comply with these Terms and any other policies by PeepsRide, we grant you a personal, non-exclusive, non-transferable, limited license to access and use PeepsRide’s Platform.
5. If you have a PeepsRide’s account (as defined in the End User Licence Agreement, and also referred to as ‘your account’), you will safeguard your account information. You will supervise and be completely responsible for all uses of your account, including use by anyone other than you.
6. You agree to:
   1. Provide true, accurate, current and complete Personally Identifiable Information about yourself as prompted by the PeepsRide account registration form
   2. Maintain and promptly update the Personally Identifiable Information to keep it true, accurate, current and complete

What if you provide Personally Identifiable Information that is untrue, inaccurate, not current or incomplete?

If PeepsRide has reasonable grounds to suspect or finds out that the Personally Identifiable Information you have provided is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account. We can refuse any and all current or future use of our services, either partially or completely. If providing such information (untrue, inaccurate, not current or incomplete) has resulted in any loss to PeepsRide, you also undertake to compensate us for the loss.

Permitted and Prohibited Use

• You understand and agree to use PeepsRide’s Platform only for your personal purpose and not for any of the following purposes:
  • Any commercial purpose
  • Any fraudulent or unlawful purpose
  • Any purpose that is harmful or attempts to harm any person (including minors and vulnerable adults)
• You understand and agree that you will not use PeepsRide’s Platform for, knowingly or unknowingly, transmitting any data or sending/uploading any material or information that contains:
  • Viruses
  • Trojan horses
  • Worms
  • Time-bombs
  • Keystroke loggers
  • Spy-ware
  • Ad-ware
  • Malware
  • Any other harmful programs or computer codes that are designed to adversely affect the operation of any of PeepsRide’s computer software or hardware
• You understand and agree that you will not use PeepsRide’s Platform to gain unauthorised access to/tamper with/hack into any of our facilities.
• You understand and agree that you will not use PeepsRide’s Platform:
  • To reproduce, duplicate, copy or sell all or any part of PeepsRide’s Platform
  • To access without authority, interfere with, damage or disrupt:
    •  All or any part of PeepsRide’s Platform
    • All or any device or network on which PeepsRide’s Platform is stored
    •  All or any equipment or network or software owned or used by any Third Party
• You agree to use PeepsRide’s Platform strictly in accordance with the purpose set out in these Terms and Conditions.
• You understand and agree that you will not do any of the following with regards to information, software, products or services from PeepsRide Platform, except when authorised by PeepsRide:
  • Modify
  • Copy
  • Distribute
  • Transmit
  • Display
  • Perform
  • Reproduce
  • Publish
  • License
  • Create derivative works from
  • Transfer
  • Sell
  • Reverse engineer
• You agree that you will not use any foul/abusive/hateful/obscene language in the content, including, but not limited, to your bio, name, data, comments and/or profile images.
• You accept and agree that you will not attempt to gain unauthorised access to the following through hacking, password mining and/or any other means:
  • PeepsRide’s Platform
  • Accounts of drivers/passengers
  • Our personnel and staff
  • Computer systems or networks connected to the PeepsRide Platform
• You agree to act in strict consonance with the Terms, our Privacy Policy and other agreements that you have/ may have with us.

User Conduct

As a user of PeepsRide’s Platform, you need to maintain the code of conduct described here. If you do not adhere to the code of conduct, we may suspend/deactivate or permanently close your account and membership. In case we suspend/deactivate your account, you may have to pay a reactivation fee to restore your account.

Driver’s Code of Conduct

If you register as a driver with PeepsRide, you agree to:

• Provide true and accurate Personally Identifiable Information in the ride postings (‘ride’ as defined in End User Licence Agreement)
• Designate clear boarding point places for passengers
• Arrive at the boarding point at least five minutes before the departure time defined in your ride posting
• Inform PeepsRide of any cancellation at least 24 hours before the scheduled arrival time for the ride. If there are any last-minute cancellations, we may suspend your account or revoke your membership benefits
• Verify the identity of your passengers and confirm that the passengers riding with you are the ones who reserved seats. You may also ask the passengers for an identity proof at your discretion
• Make sure your passengers are dropped off at the specified destination point (as defined in End User Licence Agreement) in a safe and timely manner
• Have car insurance that covers the transport of passengers
• Abide by the laws of Australia and the respective state and/or country where PeepsRide’s Platform is being provided or availed
• Seat at the most two passengers in the back seat of the vehicle (for a conventional five-seat vehicle) even if the maximum capacity is higher
• Be respectful of others and let PeepsRide know if passengers behave in any harmful or disrespectful way or breach the code of conduct
• Not offer rides with your PeepsRide’s account by anyone else other than yourself
• Not convey an exaggerated or a false experience when reviewing or rating a passenger

Passenger’s Code of Conduct

If you are a passenger availing of services on PeepsRide’s Platform, you agree to:

1. Arrive at the boarding point (as defined in End User Licence Agreement) at least five minutes before the departure time defined in the ride posting
2. Know and abide by all of your driver’s preferences and requirements, including but not limited to second-hand smoke, luggage size, acceptance of pets, etc.
3. Inform PeepsRide of any cancellation at least 24 hours before the scheduled arrival time for the ride. You may have to pay a cancellation charge for any last minute cancellations.
4. Wait for at least five minutes at the boarding place for pickup by your driver. If your driver has not arrived even after the waiting time is over, inform PeepsRide.
5. Make sure that the driver’s name and the car make and model, colour and licence plate number correspond to the information PeepsRide’s Platform has provided you.
6. Be respectful of others and let PeepsRide know if the driver or any passengers behave in any harmful or disrespectful way or breach the code of conduct
7. Not convey an exaggerated or a false experience when reviewing or rating a driver.

Content

You acknowledge that PeepsRide regulates the content uploaded, published and/or posted by users. If user content is found to be derogatory according to PeepsRide’s accepted norms, PeepsRide will have the content removed and the user’s account will be temporarily suspended or permanently deactivated. Users may have to pay a reactivation fee to reactivate a suspended account.

What content is considered derogatory according to PeepsRide’s accepted norms? Any upload, post and/or publication in any form where the content:

• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation and/or age
• Violates the privacy, proprietary and/or other rights of any user, person or entity
• Provides links to Third Party websites that:
  • Constitute or promote a criminal offence
  • Give rise to civil liability
  • Promote any illegal activity
  • Violate any local, state, national or international law
• Is defamatory, obscene, injurious, offensive, violent or incites violence, sexually explicit or promotes sexually explicit material, political or fraudulent, in respect to prevailing acceptable norms and standards
• Harasses, causes inconvenience or causes annoyance to other users or other persons
• Promotes terrorism or interferes with regional peace or causes regional disturbance

You understand and agree that you will refrain from representing that PeepsRide, at any time, has sponsored or endorsed your content.

Prohibited Business

Certain categories of business and business practices are prohibited from using PeepsRide’s Platform. These categories are listed in Annexure A. However, the list is not exhaustive. If you are uncertain as to whether your business is a prohibited business, or if you have questions about how these requirements apply to you, please contact us.

Privacy Policy

You consent, express and agree that you have read and understood PeepsRide’s Privacy Policy. You also accept the terms and conditions of the Privacy Policy, which also governs your use of PeepsRide’s Platform.

Intellectual Property

You acknowledge and agree that PeepsRide owns all legal rights, titles and interests in and to PeepsRide’s Platform. This includes any intellectual property rights that subsist in PeepsRide’s Platform (whether or not those rights are registered, and wherever in the world those rights may exist). These rights include, but are not limited to:

• Art work
• Innovative techniques based on art
• Know how
• Records
• Procedures
• Brands
• Trademarks
• Copyright
• Computer programmes
• Circuit layouts
• Patents
• Designs
• Source code
• Software
• Business names
• Trade secrets

Users have the limited right to access, book, download and print from PeepsRide’s Platform and use the respective documents for personal use only.

You agree to keep in confidence and not disclose/use for your own benefit or for the benefit of any Third Party any information, documents and/or materials regarding PeepsRide, its businesses, customers, clients, suppliers or methods of operation that are:

• Specified/marked as confidential/proprietary to PeepsRide
• Reasonably considered confidential

The exception to this is where information disclosure may be required for the performance of services under these Terms or as may be required by law.

You will also take such reasonable care to protect such information as you would take if the information was your own property.

Indemnity

You agree to defend, indemnify and hold PeepsRide harmless from and against all claims (including, without limitation, claims from other users and Third Parties), actions, suits, demands, damage, obligations, settlements, judgments, service liability claims and all costs, charges, expenses, losses and damages (including, without limitation, reasonable attorneys’ and other professional advisors’ fees, costs and expenses) incurred or suffered or caused to or sustained by us by reason of:

• Any claims that government regulators or agencies make against you for penalties, sanctions or other remedies because of or in connection with your  failure to comply with their regulatory/legal requirements and compliances
• Your access or use of PeepsRide’s Platform
• Any claims occurring because of your (or by anyone acting on your behalf) misconduct, negligence, wrongful acts of omission or commission, misuse of systems or failure to follow the established procedures
• Any default in the service you provided to other PeepsRide users
• Any claim by a Third Party with respect to Intellectual Property violation
• Violation of the rights of privacy or publicity of other users of any Third Party by you
• Any breach, non-observance, non-performance, violation of any of the terms and conditions, Privacy Policy or any other policy of PeepsRide by  you

Governing Law & Jurisdiction:

The Terms are governed by and construed in accordance with the applicable laws (as defined in the End User Licence Agreement) of Australia, in force for the time being.

It is deemed that you, as we do, agree to be subject to the jurisdiction of courts in the city of New South Wales only.

DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT WITH RESPECT TO PEEPSRIDE’S SOFTWARE, PEEPSRIDE DOES NOT WARRANT AND WILL NOT BE LIABLE FOR:

• FUNCTIONALITY OF THIRD PARTY SOFTWARE
• ANY GLITCH, SERVICE ERROR OR CRASHING OF APPLICATION DUE TO THE USE OF THIRD PARTY SOFTWARE
• ANY VIRUS TRANSMITTED INTO A USER’S DEVICE/MOBILE/COMPUTER AND ANY OTHER PERILS LIKELY TO ARISE BY THE USE OF THIRD PARTY SOFTWARE

TO THE EXTENT POSSIBLE, PEEPSRIDE REVIEWS AND REMOVES DEROGATORY CONTENT UPLOADED, POSTED AND/OR PUBLISHED BY USERS. PEEPSRIDE WILL NOT BE LIABLE FOR ANY FURTHER UPLOAD, POST AND/OR PUBLISHING OF CONTENT ON PEEPSRIDE’S PLATFORM THAT IS EMBARRASSING, HARASSING AND/OR DEFAMATORY TO OTHER USERS OR THIRD PARTIES AND AGAINST ACCEPTABLE NORMS.

PEEPSRIDE AIMS TO PREVENT ANY COMMISSION OF AN ILLEGAL OR UNLAWFUL ACT WITH RESPECT TO THE LAWS OF AUSTRALIA AND THE RESPECTIVE LAWS OF THE STATE AND COUNTRY WHERE PEEPSRIDE PROVIDES ITS SERVICES. PEEPSRIDE DISCLAIMS ANY LIABILITY ARISING OUT OF ANY ILLEGAL OR UNLAWFUL ACT MADE THROUGH PEEPSRIDE’S PLATFORM.

PEEPSRIDE DISCLAIMS ANY INTELLECTUAL PROPERTY VIOLATION AND CLAIMS MADE TO PEEPSRIDE ON ACCOUNT OF ANY THIRD PARTY INTELLECTUAL PROPERTY VIOLATION.

PEEPSRIDE SHALL NOT BE RESPONSIBLE FOR ANY LOSS/DAMAGE/CLAIM ARISING OUT OF DOWNLOADS FROM THE USE OF PEEPSRIDE’S PLATFORM. SUCH DOWNLOADS ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY INTRUSION OR DAMAGE TO YOUR DEVICE/MOBILE/TABLET/COMPUTER.

PEEPSRIDE DISCLAIMS AND WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY THE USER THROUGH ACCESS OR USE OF THIRD PARTY WEBSITES, WHOSE LINKS APPEAR ON PEEPSRIDE’S PLATFORM.

PEEPSRIDE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

Dispute Resolution

If any dispute, controversy or claim (referred to as ‘dispute’ from here on) arises between you and PeepsRide, it will be resolved mutually by engaging in a good faith negotiation to resolve the dispute.

In case the dispute is not settled within fifteen (15) days of such good faith negotiation, it will be referred to arbitration.

When the dispute is referred for arbitration:

1. A sole arbitrator will be appointed by the parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each party will nominate its own arbitrator. The nominated arbitrators will then nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal.
2. The arbitration will be conducted in accordance with the International Arbitration Act, 1974 and rules. The arbitration will take place at Sydney, NSW and English will be used as the language of arbitration. The award of arbitrator will be binding upon both parties. Both parties will bear the cost of the arbitration equally.

Miscellaneous

You acknowledge and agree that PeepsRide is not liable for any loss or damage that you may incur as a result of accessing and using external websites, applications or resources, whose links may appear on PeepsRide’s Platform as advertisements or otherwise.

Any reliance you place on the completeness, accuracy or existence of any products or other materials on, or available from, these websites, applications or resources is your sole responsibility. PeepsRide is not connected to such advertising or other material in any manner.

You agree that no joint venture, partnership, principal-agent and/or employment relationship exists between you and PeepsRide as a result of these Terms or use of PeepsRide’s Platform.

Fictitious names of companies, products, people, characters, and/or data mentioned on PeepsRide’s Platform are not intended to represent any real individual, company, product or event.

If any provision of these Terms is found to be unenforceable or invalid, only then will the provision be modified to reflect the parties’ intention or eliminated to the extent necessary. The Terms will otherwise remain in full force and effect and enforceable. You will remain bound by the updated Terms.

Pactasuntservanda (Agreement must be kept): This agreement between the parties contains clauses that serve as law between the parties. The nonfulfillment of the respective obligations constitutes a breach of the Terms.

Any rights that are not expressly provided here are reserved by PeepsRide.

Helpdesk

If you have any questions about the Terms and Conditions, please get in touch with us:

Email us at info@peepsride.com.

 If you click the Accept button/option in this agreement window or enter a corresponding symbol, you unconditionally consent to be bound by the Terms and Conditions of this agreement.

Your action is the symbol of your signature. You agree that you have fully read, understood and are consenting to be bound by and are becoming a party to this agreement and the terms and conditions in it. You agree that this agreement is enforceable like any written negotiated agreement that you read, understand and sign.

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