Terms of Use

Terms of Use

  1. Introduction
    • The mobile application known as “Buckle Up” and our website which enables use of Buckle Up (www.buckleupapp.com) (together referred to as the Application) is owned and operated by Buckle Up App Pty Ltd (ACN 620 504 136) (us, we or our).
    • By using the Application, you agree to comply with:
      • these Terms of Use;
      • our Privacy Policy; and
      • any other terms, policies or notices published on the Application.

(collectively, Terms).

  • These Terms form a binding contractual agreement between you, the user of the Application (you), and us. These Terms do not form a contractual agreement with you and any other user of the Application.
  • Before using the Application, you should read the Terms carefully. If you have any questions about the Terms, you can contact us by emailing info@buckleupapp.com or by clicking the ‘Contact’ link on the Application.
  • If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use the Application.
  1. Application
    • Overview
      • The Application:
        • allows users (Passengers) travelling to a given destination in Australia at a given time and on a given date (Designated Destination) to search rides (Trips) offered by other users (Drivers) travelling to the same Designated Destination (collectively, Transportation Services);
        • allows Drivers to post Trips to Designated Destinations at prices determined by Drivers in their sole discretion;
        • allows Drivers and Passengers (Registered Users) to communicate and transact directly;
        • includes a profile tab that allows Registered Users to view past, present and future scheduled Trips; and
        • includes a review and rating system that allows Registered Users to leave ratings and reviews for other Registered Users within 24 hours of completion of a Trip (Reviews).

 

  • Making a booking
    • A Passenger can book a Trip listed by a Driver on the Application through the Application’s interface.
    • When a Driver receives a booking request, he or she will receive a push notification and/or an Application alert. A Driver can then confirm a booking by following the prompts through the Application.
    • If a Driver confirms a booking, the Passenger will receive a push notification and/or an Application alert, at which point a Trip is confirmed and a legally binding agreement is formed between the Driver and Passenger.
  • Our role
    • We act as an intermediary between Registered Users and our role is limited to facilitating access to our Application. We are not a party to any contractual relationship between Registered Users.
    • You acknowledge that we are not a transportation or logistics provider, we do not provide transportation or logistics services and we do not own or lease vehicles through which transportation or logistics services are provided.
    • By accessing and using the Application, you agree and acknowledge that:
      • we have no control of the conduct of Registered Users of the Application, therefore your interactions with other Registered Users (whether in person or online) and your provision or acquisition of Transportation Services is at your own risk;
      • we reserve the right, but are not obliged, to conduct background searches or criminal record checks on Registered Users, to verify the identity of or assess the suitability of Registered Users of the Application;
      • we do not guarantee the existence, availability, suitability or safety of the Transportation Services;
      • we do not determine your tax liability or collect or pay taxes you may be liable to pay as a result of or in connection with your use or provision of the Transportation Services;
      • we are not responsible for any interactions or dealings between you and other Registered Users;
      • we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Registered Users through the Application (User Content) and we do not control the accuracy of User Content; and
      • these Terms do not create an employment, agency, partnership or joint venture relationship between us and any Registered User.

 

 

  • Accessing the Application
    • The Application can be downloaded for free from the Apple App Store and the Google Play Store, on iPhones running version iOS 9 or higher or Android Smartphones running version 4.3 or higher.
    • To access the Application:
      • you need a mobile device that supports the Application, the costs for which you are solely responsible; and
      • you must create an account (Application Account).
    • To create an Application Account, you must:
      • be at least 18 years;
      • have a Facebook account (Facebook Account) and connect your Facebook Account to your Application Account;
      • have a PayPal account (PayPal Account) and connect your PayPal Account to your Application Account;
      • complete to our satisfaction the required verification process, as determined by us in our sole discretion, which may include providing us with a form of government identification, screening your information against information held by third party owned or controlled databases and/or obtaining reports from public records;
      • possess the legal right and ability to enter into a legally binding agreement; and
      • provide complete and accurate answers to all the criteria for completion in the pre-account sections of the Application.
    • To connect your Facebook Account to your Application Account, you must click ‘connect to Facebook’ when prompted by the Application or, if you are not already logged into Facebook, you will be prompted to enter your Facebook login credentials. By connecting your Facebook Account to your Application Account you authorise us to access, publish and use certain information from your Facebook account (including your first name, gender, email address and profile picture). For more information on our information collection and handling practices, please view our Privacy Policy.
    • To connect your PayPal Account to your Application Account, you must follow the prompts when prompted by the Application. You will then be redirected to PayPal to complete your details. By connecting your PayPal Account to your Application Account you authorise us to provide PayPal all the information required by PayPal to enable PayPal to process payments to or from your PayPal account and to receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions. For more information on our information collection and handling practices, please view our Privacy Policy.
    • When you create your Application Account, you must nominate a username and password. You are responsible for maintaining the confidentiality and integrity of your Application Account and for all use and activity carried out on your Application Account. If you believe there has been unauthorised access to your Application Account, please contact us.
    • The information you provide us to create your Application Account must be accurate, complete and up to date. You must update this information to ensure it remains up to date.
  • Registered User obligations

In addition to any other obligations under these Terms, in accessing and using the Application, you must:

  • access and use the Application for your personal, non-commercial use only;
  • comply with all rules of common law, principles of equity, international law or any federal, state, local laws, statutes, rules, regulations, proclamations, ordinances or by-laws and other subordinate legislation of any country anywhere in the world (collectively, Law);
  • ensure Reviews you post are accurate and complete and contain no offensive, defamatory, indecent or inappropriate language;
  • be respectful and courteous towards other Registered Users;
  • not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another Registered User;
  • not infringe any intellectual property rights or any other contractual or proprietary rights of another person;
  • not do any act, engage in any practice or omit to do any act or engage in any practice that:
    • is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
    • would cause us to breach or to be taken to breach a Law;
    • would bring us into disrepute; or
    • interferes with the integrity or supply of the Application to all Registered Users.
  • User Content
    • You are solely responsible for User Content:
      • you post, publish or otherwise transmit through the Application; and
      • you obtain through accessing the Application.
    • User Content you create, generate or transmit in your use and access of the Application must:
      • be accurate and complete;
      • not infringe any third party intellectual property rights or any other contractual or proprietary rights of a third party;
      • not infringe any Law; and
      • not be inappropriate, defamatory, offensive, abusive, indecent or disparaging.
    • You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, copy, store and exploit your User Content for our business or commercial purposes.
  • Passengers

Passengers must:

  • respect each Drivers’ vehicle/s and property;
  • adhere to the requirements of a confirmed booking;
  • provide Drivers all details relevant to their personal requirements a reasonable time before a booking is confirmed;
  • not do any act, engage in any practice or omit to do any act or engage in any practice that would or could reasonably impair a Driver’s ability to drive safely; and
  • comply with all Laws of the State or Territory in which Transportation Services are acquired.
  • Drivers

Drivers who provide Transportation Services must:

  • drive safely;
  • not consume alcohol or drugs;
  • hold a current and valid driver’s licence;
  • not have any medical condition that affects or impairs their ability to drive;
  • arrange and maintain all necessary insurance policies for the provision of Transportation Services;
  • adhere to the requirements of a confirmed booking;
  • obtain all licences and authorisations required to provide Transportation Services in the State or Territory in which Transportation Services are provided;
  • be aware of and comply with all Laws of the State or Territory in which Transportation Services are provided; and
  • ensure vehicles through which Transportation Services are provided are reasonably clean and tidy and satisfy all roadworthy requirements and standards of the State or Territory in which Transportation Services are provided.

 

  1. Fees and payments
    • Our fee
      • In consideration for providing the Application, we charge Drivers and Passengers a fee for each Trip. Drivers and Passengers bear the costs of this fee equally.
      • Drivers must pay us 5% of the total price set by the Driver for a Trip every time a Trip is completed (Driver Fee). The amount of the Driver Fee is automatically deducted from the fee paid by the Passenger to the Driver for the Transportation Services (Transportation Services Fee).
      • Passengers must pay us 5% of the total price set by a Driver for a Trip every time a booking is confirmed (Passenger Fee). Passengers will be able to see the amount of the Passenger Fee before they send a message or booking request to a Driver.
    • Transportation Services Fee
      • Drivers will charge Passengers a Transportation Services Fee. Drivers are responsible for determining the amount of the Transportation Services Fee.
      • Passengers must pay the Transportation Services Fee at the time a Driver confirms a booking or at the time a Passenger sends a booking request to a Driver.
      • Subject to these Terms, Drivers will be paid the Transportation Services Fee, less the Driver Fee, within two business days (being a day that is not a bank holiday in Melbourne, Victoria) of completion of a Trip.
    • Payment method
      • All payments through the Application are processed through the payment gateway provided by PayPal. We do not have access to or store your payment information.
      • You agree to be bound by PayPal’s terms and conditions and acknowledge we are not liable for any loss (including consequential loss), claims or damages you incur in connection with your use of PayPal’s services.
      • You must ensure the financial information you provide PayPal for the purposes of acquiring or providing Transportation Services is accurate, complete and up to date. You must update this information to ensure it remains up to date.
    • Non-payment
      • If you fail to pay any amounts due under these Terms, then we reserve the right:
        • to charge you a payment dishonour fee; and/or
        • to refer the matter to a solicitor or debt collection agency.
      • You must indemnify us on an indemnity basis for any costs or fees we incur as a result of or in connection with us exercising our right under clause 4(a)(ii).
  1. Cancellations and refunds
    • If a Passenger cancels a confirmed booking less than 24 hours before the commencement of a Trip, the Passenger will not receive a refund of the Transportation Services Fee and Passenger Fee. The Transportation Services Fee will be paid to the Driver and we will retain the Passenger Fee.
    • If a Passenger cancels a confirmed booking more than 24 hours before the commencement of a Trip, the Transportation Services Fee will be refunded to the Passenger and we will retain the Passenger Fee.
    • If a Driver cancels a confirmed booking, the Passenger will be refunded the Transportation Services Fee (including the Passenger Fee). If this occurs, we reserve the right to do any one or more of the following:
      • charge the Driver the Driver Fee;
      • publish an automated review, available to other Registered Users, on the Driver’s profile indicating the Driver cancelled a confirmed booking; and/or
      • impose a cancellation fee.
    • All refunds and/or payments payable under this clause 4 will be processed by PayPal and paid to the Passenger and/or Driver’s PayPal Account (as applicable). The timing of such refunds and/or payments will depend on PayPal’s processing times. For more information, please see PayPal’s terms and conditions.
  2. Intellectual property rights
    • We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Application and in or to the material (including all text, graphics, logos and software) made available to you in providing the Application (together, the Application Content).
    • Your use and access of the Application does not grant or transfer any rights, title or interest to you in relation to the Application Content.
    • You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Application Content or any other material in whatever form contained within the Application.
  3. Third party links

The Application may contain links to websites, materials or resources operated and owned by third parties and not under our control. Those links are provided for convenience only and may not be current or maintained.

  1. Security
    • We will take reasonable steps to ensure the provision of the Application is secure. However, we cannot guarantee that your access to the Application will be secure at all times.
    • You acknowledge and agree that you are solely responsible for:
      • the security, confidentiality and integrity of all information or data uploaded, downloaded or otherwise communicated while accessing the Application, including all your User Content;
      • keeping all passwords and usernames secure and confidential; and
      • protecting any device you use to access the Application from all security breaches and viruses (or any similar damaging components).
  1. Privacy and Data Collection
    • In consideration for us providing you the Application, you agree to us collecting personal information about you.
    • The personal information we collect about you includes:
      • your name, contact details, age, gender or date of birth;
      • device information, IP address and standard web log on information;
      • your financial information;
      • information relating to your preferences and opinions;
      • your photographs; and
      • your geolocation.
    • We collect your personal information:
      • to provide you and other Registered Users optimal use of the Application;
      • to send you promotional and marketing information relating to our products and services and those of our partners (if you have authorised us to do so);
      • for purposes reasonably necessary to our usual functions and activities, including planning, service development and research purposes; and
      • for purposes otherwise outlined in our Privacy Policy.
    • When you have asked us to do so, we will disclose your personal information to other Registered Users of the Application.
    • We may also disclose your personal information to:
      • our employees and related entities;
      • our business partners;
      • our contractors;
      • any third parties authorised by you; and
      • government, regulatory authorities and any tribunal or court, if required or authorised by Law, or otherwise with your consent.
    • We may also disclose your personal information to third parties located outside of Australia, including to organisations located in the United States.
    • You can choose not to provide us with your personal information. However, if you do not provide us this information we cannot grant you access to the Application.
    • Please review our Privacy Policy for more information on:
      • how we store and use your personal information;
      • our overseas disclosures;
      • how you may access and correct your personal information;
      • how you can lodge a complaint regarding the handling of your personal information; and
      • how we will handle complaints.
  1. Disclaimer

To the fullest extent permitted by all Laws, you acknowledge and agree that:

  • we do not control, endorse and are not responsible for any User Content or Reviews;
  • we retain complete control over the Application and may alter, amend or cease the operation of the Application in our sole discretion;
  • we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Application;
  • we make no warranty or representation that the Application will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; and
  • we may remove any content, material and/or information, including Reviews or User Content, without giving any explanation or justification for removing the material and/or information.
  1. Exclusion and limitation of liability
    • To the fullest extent permitted by Law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
      • personal injury or property damage;
      • your use or inability to use the Application;
      • your use of third party services (including, without limitation, Facebook and PayPal) through the Application;
      • the Application’s User Content;
      • the conduct of other Registered Users of the Application; and
      • unauthorised creation, access or use of your personal information, Application Account or your User Content,

even if we have been advised of the possibility of such loss.

  • To the fullest extent permitted by Law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
  • Pursuant to s64A of the Australian Consumer Law, this clause applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss51 to 53 of the Australian Consumer Law) is limited at our option to:
    • the supply of the services again; or
    • the payment of the direct cost of having the services supplied again.
  • Nothing in these Terms is intended to limit or exclude your consumer guarantees under the Australian Consumer Law.
  1. Indemnity

You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose  directly or indirectly out of or in connection with:

  • any breach of these Terms by you; or
  • breach of any right of a third party,

except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons.

  1. Termination
    • We reserve the right to cease operating the Application, without notice and for any reason. We may terminate our relationship with you without notice and with immediate effect if you, in any way, breach these Terms.
    • On termination of these Terms:
      • access to your Application Account will expire or cease; and
      • you will not have any access to User Content through the Application; and
      • we will remove your Application Account and its related information from the Application.
    • We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Application.

 

  1. Changes to the Terms
    • We may, from time to time, amend the Terms in whole or part, in our sole discretion and without notice to you except as provided in this clause. Any changes to the Terms will be effective immediately upon the posting of the revised Terms on the Website.
    • Depending on the nature of the change, we may announce the change on the Website home page or by email. However, in any event, by continuing to use the Application following any changes, you will be deemed to have agreed to such changes.
  2. Severability

If any part of these Terms is void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.

  1. Jurisdiction
    • This Agreement is governed by the law in force in Victoria, Australia.
    • The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.