GRABiD CHAUFFEUR
TERMS OF USE
Version: August 2022
Welcome to GRABiD Chauffeur, a marketplace platform for the hire car industry that connects Dispatchers to Drivers and Drivers to Transfers by allowing Drivers to both offer and bid for driving and booking services based on real-time availability, resourcing, and location. Users may be bound under these Terms of Use as Users, Dispatchers, Drivers, Passengers, Principal Users or in any combination of those capacities.
The following sets out the GRABiD Platform rules for both Dispatchers and Drivers, as well as each party’s key obligations and promises in relation to any Transfer Agreement they may enter into through use of the Platform. It is important you understand your obligations as you may be liable to us for any unauthorised use of the Platform.
These Terms of Use govern your use of the Platform and form a binding contract between you, as a User and GRABiD. Without limiting the ways in which you may be bound by the Terms of Use, by using the Platform, whether or not a Transfer Agreement is entered into, you will be deemed to have accepted and will be bound by the terms and conditions of these Terms of Use (including as amended from time to time).
If you do not agree to these Terms of Use, please do not use the Platform. GRABiD reserves the right to change its Terms of Use from time to time, and any updated or amended Terms of Use will apply to any use of the Platform after the date on which they are published. It is your responsibility to read and understand these Terms of Use, and to review updated Terms of Use when they become available.
Questions? You can contact us at support@grabid.com.au. If you’re looking for a definition, please check the Dictionary at the end of these Terms of Use.
the Driver must not request payment in addition to the Price or through any means other than as described above without GRABiD’s prior consent.
inclusive of any applicable GST.
for the purpose of, or in connection with, operating the Platform and supplying the Services.
In these Terms of Use, unless the context otherwise requires:
Acceptance means the time in which a User consents to enter a Transfer Agreement offered by another User in accordance with clause 4.8;
Auction means a Transfer published on the Platform by a Dispatcher which enables Drivers to bid for the Transfer at a Price below the maximum Price set by the Dispatcher;
Charges means the transaction fees payable to GRABiD and any applicable third-party fees or charges as notified by GRABiD in writing from time to time;
Claim means any demand, claim for loss or damage or claim for any remedy whatsoever whether originating by writ, summons, cross claim, counterclaim, application, other originating legal or arbitral process, proceeding or investigation or inquiry by a governmental agency arising out of or in any way connected to the use of the Platform or the Transfer of Passengers using the Platform but excluding any such claim which cannot be excluded or released by Law;
Complaint means a User’s complaint or dispute with GRABiD in connection with the Platform or these Terms of Use;
Content means any information, material, image, data, design, schematic, or Intellectual Property provided by a User to GRABiD or another User in connection with the Platform, and includes User Information;
Dictionary means the definitions in this clause 13 of these Terms of Use;
Dispatcher means a User of the Platform who requests a Transfer of one or more Passengers or Goods;
Driver means a User of the Platform engaged in, or seeking to be engaged in, a Transfer Agreement to perform a Transfer of a Passenger or Goods from one location to another;
Goods means physical items of any kind (other than Passengers) that a Dispatcher has requested be transported by a Driver, pursuant to a Transfer Agreement;
GRABiD or us or we or our means GRABiD Technologies Pty Ltd (ACN 622 362 743);
GST means goods and services or value added tax as provided for under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any associated, replacing, or equivalent legislation in the Territory;
Intellectual Property means all present and future intellectual property or related rights, including copyright, trade mark, designs, patents, circuit layouts, business or domain names, inventions, know how, confidential information and trade secrets arising anywhere in the world, whether registered or unregistered and including applications, and any associated moral rights;
Law means the Law of any jurisdiction that applies to any agreement made between GRABiD and you in connection with your use of the Platform, except as limited in context in these Terms of Use;
Passenger means a person or persons who are to be transported by a Driver, pursuant to a Transfer Agreement. For the avoidance of doubt there is no requirement for a Dispatcher to be a Passenger;
Personal Information means as that term is defined in the Privacy Act 1988 (Cth) or any replacing or amending legislation, and includes any identifying information provided by a User or by GRABiD or any other person about a User;
Platform means the software, website, and/or mobile application which are owned, controlled, managed, maintained and/or hosted by GRABiD and on which the Service is made available;
Price means all the price specified by a Dispatcher for a Transfer;
Principal User means a User who applies as a company or organization for a User Account;
Processing Fee means a fee charged to a User by GRABiD as a result of a cancellation of a Transfer Agreement;
Related Party of a person means an “associate” or “related body corporate” of that person as determined under the Corporations Act 2001 (Cth);
Take Now means a Transfer published on the Platform at a Price is fixed by the Dispatcher;
Terms of Use means these terms of use, our Privacy Policy and any other policies posted on the Platform or otherwise notified to you in writing by GRABiD from time to time (save that these terms of use will apply to the extent of any inconsistency between them and any such policy);
Territory means Australia and any other place where GRABiD hosts the Platform;
Transfer means the transfer or carriage of a Passenger or Goods from one location to another location and the specific information provided by the Dispatcher with respect to same;
Transfer Agreement means an agreement between a Dispatcher and Driver for the Transfer of Passenger(s) or Goods as the case may be;
User or you means a person who accesses the Platform including a Dispatcher, Driver or a Principal User;
User Account means an account that permits a User to use the Platform; and
User Information means the information requested by GRABiD or that you otherwise provide to GRABiD or any other User in connection with the Platform or otherwise pursuant to these Terms of Use.
This privacy policy applies to the management of your personal information (“Your Information”) by or on behalf of GRABiD Technologies Pty Ltd (ACN 622 362 743) and its related entities, including GRABiD Logistics Australia Pty Ltd (ACN 622 622 299) and GRABiD Chauffeur Australia Pty Ltd (ACN 622 622 226) (“GRABiD, GRABiD Logistics, GRABiD Chauffeur, we, us, our”).
GRABiD provides users with access, via its mobile applications and other websites and software, to a marketplace platform that enables users to offer and accept bookings for the transport of goods and for chauffeurs or town cars and (our “services” and “products”).
We have created this privacy policy in order to demonstrate our commitment to the Privacy Act 1988 Cth (“Privacy Act”), the Australian Privacy Principles (“APPs”), and relevant State based privacy legislation (together, the “Australian Privacy Laws”). It sets out how we may collect, hold, use or disclose Your Information.
What information do we collect?
We collect and hold Your Information, which may include your name, phone number, email, mailing address, age, sex, gender, location, preferences, qualifications, licenses, certifications, application usage and device information, and other information relevant to the supply of our products and services that is collected by our products or that you choose to provide to us. If you use our services, we may also collect your bank or credit card details for payment and details of your credit history and creditworthiness.
How we collect Your Information
We collect Your Information as part of supplying our services and products. This includes when you provide Your Information to us in person, via our products (including our GRABiD mobile applications and our website), location Data, during phone and skype calls, by email, via social media, or otherwise via customer enquiries or communications.
Generally, we collect Your Information directly from you but we may also collect Your Information from other people or organisations, if you have given your consent. Location Data is used for the sole purpose of supplying our services and products and you are able to opt out at any time.
Why do we need Your Information?
We only collect or hold Your Information where it is reasonably necessary for our business functions or activities.
In particular, we need Your Information to provide you with our products and/or services, which includes matching you with relevant carriers or senders (as the case may be), internal record keeping, communicating with you about our products and/or services, creating and updating our database(s) and other records, ensuring compliance with our contractual and other legal obligations to you, and administering our relationship with you by responding to your enquiries (Main Purposes).
If you do not provide us with Your Information we may not be able to carry out some or all of the Main Purposes.
How do we use or disclose Your Information?
By submitting Your Information to us, you consent to us using or disclosing Your Information for:
Secondary Purposes may include: improving our products or services; sending you direct marketing messages about our products or services, deals, and promotions; conducting customer surveys; managing our relationship with you; monitoring how you interact with us on our applications, website or other contact points; or helping you to complete a transaction or activity that you have chosen to undertake.
We may also use certain non-personally identifiable information (such as anonymous usage data, IP addresses, browser or platform type etc.) to improve the quality and design of our products and services, and to create new features, promotions, functionality and services by storing, tracking, analysing and processing user preferences and trends as well as user activity and communications.
Can you remain anonymous or use a pseudonym?
We will, if practicable, allow you to use a pseudonym or to not identify yourself (unless this is impractical or against the law (including the Australian Privacy Laws)).
In some instances, if you do not provide us with some of Your Information we may not be able to provide you with the relevant product, service or information. This may have an effect on whether we can begin or continue a relationship with you.
Do we disclose Your Information overseas?
We may disclose Your Information to our partners, suppliers and distributors in order to assist us in providing our products or services to you. Some of our service providers, or the services they provide (like cloud storage services), may be based outside Australia. In order to protect Your Information, we take care where possible to work with service providers whom we consider maintain acceptable standards of data security compliance, and we do our part to meet those standards as they apply to us. By providing us with Your Information, you consent to Your Information being used, stored and disclosed overseas (and acknowledge that no additional obligations that may apply to the overseas disclosure of personal information under Australian Privacy Laws will apply).
Is Your Information confidential and secure?
We take all reasonable steps to keep Your Information secure and to ensure it is protected against misuse, loss, unauthorised access, modification or inappropriate disclosure. We may hold Your Information in both hard copy and electronic forms, but will store it in secure systems accessible only to authorised personnel.
Using other sites
Our products may contain links to other websites, platform or applications. Unless the other website, platform or application is one of our products, we are not responsible for the privacy practices of the owners of those websites, platforms, or applications. We recommend that you read the privacy policy of any website, platform, or application that asks you to provide Your Information.
Changes to our Privacy Policy
We may need to change this privacy policy from time to time. When we do amend it, the changes will be effective immediately upon being made public on our website. We will use reasonable measures to notify you of any relevant changes to this privacy policy, but please be aware that it is your responsibility to review our privacy regularly and make sure you keep up to date with any changes.
Managing Your Information
You are responsible for ensuring that Your Information is accurate, current and complete and we encourage you to contact us to update Your Information if it changes.
You may ask us to access Your Information in accordance with Australian Privacy Laws (as applicable), including by asking us to provide you with a summary of Your Information that we hold, subject to certain limitations under the Australian Privacy Laws.
For your protection, we may require you to confirm your identity before access to Your Information is granted.
In most cases, we can provide you with a summary of Your Information free of charge. However, in some circumstances, reasonable costs may be charged to you in accessing Your Information in accordance with and subject to the Australian Privacy Laws, including any costs limitations contained in applicable Australian Privacy Laws.
Queries and complaints
If you have a question or want to make a complaint about how we handle Your Information please contact us using the details below. We will review any question, complaint or concern you may have and will respond to you after we have carefully considered it. We will, where reasonably possible, take steps to investigate and resolve complaints within 30 days. Please note, we may require further information from you in order to resolve any complaints. If we need more time, we will notify you about the reasons for the delay and seek to agree a longer period with you (if you do not agree, we may not be able to resolve your complaint). If we cannot resolve a complaint related to your privacy information, you may contact the Office of the Australian Information Commissioner (“OAIC”) directly.
We can be contacted via:
Email: privacy@grabid.com.au
Or for more information about privacy issues in Australia and protecting your privacy, please visit the OAIC website at www.oaic.gov.au.
Last date Updated: 30 Jan., 2019