Version: February 2018
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.
1.USE OF THE PLATFORM AND USER ACCOUNT
1.1 You acknowledge and agree that, in order to use the Platform and enter into a Transfer Agreement on the Platform, you must establish a User Account with GRABiD. Users may participate on the Platform as both a Dispatcher and Driver, subject to GRABiD’s approval.
1.3 GRABiD relies on information provided to it by each User and you warrant that all User Information provided by you is accurate, current, complete, correct and complies with all relevant Laws.
1.4 The Platform operates on Australian Eastern Standard Time or Australian Eastern Daylight Savings Time depending on the time of year, and timing information provided by a Dispatcher in respect of a Transfer must be provided in that context unless otherwise indicated.
1.5 With regard to your use of your User Account, you warrant and represent to GRABiD and to each other User that:
2. LICENCE TO USE THE PLATFORM
2.2 Your licence to use the Platform is conditional upon you:
2.4 By using the Platform, you acknowledge and agree that:
3. PRINCIPAL USERS
3.1 Companies or organisations may apply to GRABiD to become a Principal User. A Principal User allows its representatives, agents, officers, directors, employees, and contractors to use the Platform as an agent or representative of the Principal User. Your use of the Platform as a Principal User is subject to GRABiD’s prior approval.
3.2 A person who wishes to use the platform as a representative of a Principal User must first be accepted as a User pursuant to clause 1.1.
3.3 A Principal User must supply to GRABiD User Information as required from time to time, including but not limited to:
3.4 A Principal User is responsible, and indemnifies GRABiD for, the conduct of its Users and any loss, cost, damage or expense which GRADiD suffers or incurs due to the conduct of a Principal User’s, Users.
4. TRANSFER AGREEMENT
4.1 Dispatchers and Drivers may enter into a Transfer Agreement with each other via the Platform. GRABiD is not a party to a Transfer Agreement, nor is GRABiD responsible for completion of a Transfer Agreement, or liable for either party’s failure to complete a Transfer Agreement.
4.4 You agree not attempt to create a Transfer Agreement in respect of a Transfer advertised on the Platform other than via the Platform, or to otherwise bypass or attempt to bypass the Platform or its integrated payment systems in order to derive a benefit from another User (whether in the position of Driver or Dispatcher) and, if you do so or attempt to do so, you agree that GRABiD may determine, with or without notice to you, that your licence to use this Platform ceases immediately.
(5.a) the Dispatcher must specify the details of the Transfer, including but not limited to:
(5.e) the Driver is responsible for:
4.6 Acceptance of a Transfer will occur as follows:
(6.a) for Transfers listed as a Take Now offer:
(6.b) for Transfers listed by way of Auction:
4.7 If a Driver fails to Transfer the Passenger in accordance with the Transfer information, or in any way performs its duties in an unsatisfactory manner, the Dispatcher may within 48 hours of the Transfer lodge a claim via the Platform to be investigated by GRABiD. Following the investigation, GRABiD may in its sole and absolute discretion, without any right of review of a Driver, Passenger or Dispatcher:
5.1 The Dispatcher must make all payments due in respect of a Transfer Agreement as instructed by GRABiD, including:
5.2 GRABiD will not be liable for any loss, cost, damage, expense, or Claim (including for negligence) suffered or incurred by any person in connection with use of a third-party payment platform or service.
5.3 The following will apply to standard Transfers:
5.4 The following will apply to Collect Transfers:
5.5 If during the Transfer the Passengers and/or the Driver discover that there has been an error in the Transfer information resulting in a material change to the Price, the Driver will:
5.6 A notified change to applicable Charges will apply to any Transfer Agreement that is subsequently formed. If the User does not wish to accept the Charges, the User’s only recourse or remedy is to cease using the Platform (but Transfer Agreements already formed will not be affected).
5.7 Each User must provide accurate and current account information in the format and via the means requested by GRABiD or a third-party payment platform or service provider from time to time in order for the remittance of the remainder Price to occur in accordance with clause 5.3(b). The User is solely responsible for updating its account information as required. GRABiD will not be liable for any loss, cost, damage, or Claim (including for negligence) suffered or incurred by a User in connection with a failure to receive or delay in receiving payment in respect of a Transfer Agreement (including, but not limited to, a failure caused by the supply of inaccurate account information).
5.8 In the event that a Transfer Agreement is formed but terminated by a User for any reason prior to the Passenger being collected by the Driver, additional charges may apply as follows:
(8.a) where the Transfer is cancelled by the Driver in excess of 1 hour prior to the collection time:
(8.b) where the Transfer is cancelled by the Driver less than 1 hour prior to the collection time:
(8.c) where the Transfer is cancelled by the Dispatcher in excess of 2 hours prior to the collection time:
(8.d) Where the Transfer is cancelled by the Dispatcher less than 2 hours but more than 1 hour prior to the collection time:
(8.e) Where the Transfer is cancelled by the Dispatcher less than 1 hour prior to the collection time or the Passenger fails to appear at the pickup location:
5.9 The purposes of an investigation by GRABiD into the conduct of a User pursuant to clause 5.8 is to determine whether there has been any misuse of the Platform, fraud or for any other purpose as determined by GRABiD from time to time.
5.10 GRABiD has no liability or responsibility for the conduct of any Passenger or any loss or damage caused by a Passenger to a Driver or their vehicle.
5.11 Upon payment of the Price in accordance with these terms:
6. REVIEWS AND OTHER MATTERS
6.1 6.1 Reviews
6.2 Loyalty and Referral Incentive Schemes
7. INTELLECTUAL PROPERTY
7.3 In the event that you post or submit any Content to or via the Platform or otherwise provide us with Content by any means, you grant GRABiD the following non-exclusive, irrevocable, royalty-free licence in perpetuity throughout the Territory:
7.6 Each user is solely responsible for ensuring the accuracy and completeness of their Content. GRABiD will not be liable for any mistake or misrepresentation in connection with your Content, and you indemnify GRABiD for and against any loss, cost (including legal fees on a full indemnity basis), damage, expense, or Claim (including for negligence) suffered or incurred by GRABiD in connection with your misrepresentation, mistake, infringement of any person’s rights (including in respect of Intellectual Property), or breach of Law in connection with your User Content.
8. CONFIDENTIALITY & PRIVACY
8.1 GRABiD will keep confidential all information provided by or on behalf of a User that is marked as confidential or should otherwise reasonably be presumed to be confidential, and will only use or disclose such confidential information: (a) for the purpose of operating the Platform; (b) with the consent of the User; (c) in anonymized and aggregated form; or (d) as may otherwise be required or permitted by Law.
8.3 The User undertakes and continuously warrants to GRABiD that:
(3.a) where the User is an individual, the User will only supply Personal Information in respect of that User; and
(3.b) where the User is a Principal User:
9.1 The User acknowledges and agrees that in using the Platform, including by uploading or creating any Content via the Platform, that:
9.2 GRABiD will comply with any Laws requiring GRABiD to notify the User or any other person regarding any notifiable data breach. Otherwise, to the maximum extent permitted by Law, GRABiD will not be liable or responsible for protecting the security of Content transmitted, uploaded, or downloaded via the Platform, or for any loss, cost, expense or damage suffered by the User as a result of any unauthorised access or use of the Content or GRABiD’s systems.
10. WARRANTIES & LIABILITY
10.1 The User must not, and must not permit its Related Parties to, use the Platform in any way that might defame, offend, insult, embarrass, injure, damage, or otherwise breach the rights of any person or contravene any applicable Laws.
10.2 The User acknowledges that:
10.5 in the case of goods, any one or more of the following:
(5.b) in the case of services:
10.7 The User indemnifies GRABiD, its agents, officers and employees against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which is suffered or incurred by GRABiD, its agents, officers or employees as a direct or indirect result of:
11.2 A User must not commence court proceedings in relation to a Complaint until it has exhausted the procedures in this clause 11.2. If a Complaint arises:
12.2 In the case of a Principal User, unless otherwise requested in writing by the Principal User, GRABiD may use the Principal User’s corporate identity (if applicable) as part of promoting the Platform in the market place.
Acceptance means the time in which a User consents to enter a Transfer Agreement offered by another User in accordance with clause 4.6;
Auction means an agreement between a Dispatcher and Driver for the Transfer of a Passenger or Passengers as the case may be;
Transfer Agreement means an agreement between a Dispatcher and Driver for the Transfer of a Passenger or Passengers as the case may be;
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 from one location to another;
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;
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;
Dispatcher means a User of the Platform who requests a Transfer of one or more Passengers;
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;
Heavy Vehicle National Law 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;
Passenger means a person or persons who are to be transported by a Driver, pursuant to a Transfer. 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;
Territory means Australia and any other place where GRABiD hosts the Platform;
Transfer means the transfer or carriage of a Passenger from one location to another location and the specific information provided by the Dispatcher with respect to same;
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
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 chauffers or town cars and (our "services" and "products").
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.
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), 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.
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.
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.
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.
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).
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.
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.
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:
Post: Suite 85, 283 Glen Huntly Road, Elsternwick, 3185
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: March 2018