Last modified: 5 November 2016
Important – please read these Terms and Conditions of Use (“Terms”) carefully as they constitute a legally binding agreement (“Agreement”) between you (“Driver” or “Rider” or “User/s”) and Hi Oscar (“Oscar” or the “Company”). By using the Oscar mobile application and or website (collectively, the “Services”), you agree that you have read, understood, accepted and agreed with the Terms. These Terms supersede prior Agreements with you. Oscar has the right but not the obligation to immediately terminate or modify these Terms or any Services to you at any time for any reason which will be deemed effective upon posting at www.hi-oscar.com.au and your continued access or use of the Services after such posting constitutes your consent to be bound by the new Terms, as amended. You agree that it shall be your responsibility to review the Terms regularly or before you use the Services whereupon the continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. OSCAR DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IS NOT A TRANSPORTATION CARRIER. OSCAR PROVIDES TECHNOLOGY SERVICES THAT MATCH INDIVIDUALS WHO SEEK TRANSPORTATION (“RIDERS”) WITH PERSONS WHO PROVIDE TRANSPORTATION AS INDEPENDENT CONTRACTORS (“DRIVERS”). DRIVERS AND RIDERS ARE COLLECTIVELY REFERRED TO HEREIN AS “USERS” AND EACH SHALL CREATE A USER ACCOUNT THAT ENABLES ACCESS TO THE SERVICES. IT IS UP TO EACH USER TO DECIDE WHETHER OR NOT TO LOGIN TO THE SERVICES AND OFFER OR ACCEPT TRANSPORTATION FROM ANOTHER USER AND ANY SUCH DECISION IS MADE IN SUCH USER’S SOLE DISCRETION. EACH OFFER OR ACCEPTANCE OF TRANSPORT SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH USERS. BY REGISTERING TO ACCESS THE SERVICES DRIVERS AGREE TO BE AND INDEPENDENT CONTRACTOR AND YOU UNDERSTAND YOU ARE NOT EMPLOYEED BY THE COMPANY. FURTHERMORE YOU COMMIT TO UNDERSTANDING YOUR LEGAL, INSURANCE AND TAX OBLIGATIONS AS AN INDEPENDENT CONTRACTOR. For each ride conducted, the Services require destination and pick up information. The Services will display an approximate fare estimate for that specific ride, based on an average incorporating such factors as distance, duration, time of day and location. Riders may view the estimated time of arrival, Driver ratings, Driver’s profile and vehicle information for various available Drivers. The Rider has complete discretion as to Driver selection and the Driver has complete discretion as to Rider acceptance.
By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and that you are at least eighteen (18) years old or have parental consent. Without limiting the generality of the foregoing, the Services are not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship unless parental consent is obtained and provided to Oscar. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorise others to use your identity or User status, and you may not assign or otherwise transfer your user account to any other person or entity, unless expressly prohibited by the Company in advance through prior arrangement with the Company. When using the Service you agree to comply with all applicable Australian laws while using the Service. You may only access the Service using authorised means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Services with an incompatible or unauthorised device or for purposes other than which the Services are intended to be used.
3. By using the Services, Riders agree that:
4. By using the Services, Drivers agree that:You must be at least 20 and have held a valid full licence for at least 1 year;
As a Rider, you agree that any amounts charged following a ride (“Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include applicable (ride) fees, tolls, surcharges, and taxes as applicable. Oscar has the authority and reserves the right to determine and modify pricing by posting applicable Charges to the Company’s website. Charges will vary depending on your use of Oscar, Big Oscar or Fancy Oscar and you are responsible for reviewing Charges and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
The Company has the right to suspend the processing of any transaction where the Company reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes a User to be in breach of the Terms. You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place. You shall be responsible to resolve any disputes with your Card Company on your own.
Users agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. Users further agree to use their best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
Subject to the Terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Oscar Services for personal, non-commercial use only and as permitted by the features of the Service and applicable law. Oscar reserves all rights not expressly granted herein in the Service and the Service Content. Oscar may terminate this license at any time for any reason. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based on the Services; (iii) create internet “links” to the Application or “frame” or “mirror” any software on any other server or wireless or internet-based device; (iv) reverse engineer or access the software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the services, or (c) copy any ideas, features, functions or graphics of the Services, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service. You may use Services only for your personal, non-commercial purposes and shall not use the Services to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (v) attempt to gain unauthorised access to the Services or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
The Company shall own all rights, title and interests, including all related intellectual property rights. Users may choose to or the Company may invite you to submit comments or ideas about the Service, including how to improve the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Oscar under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Oscar does not waive any rights to use similar or related ideas previously known to Oscar, or developed by its employees, or obtained from sources other than you. The Terms do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, the Services and the product names are trademarks of the Company or third parties, and no right or license is granted to use them.
Users will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
All users agree to mutual rating system when using the Services. Users consent to other users rating them based on the User experience or on specific factors set exclusively by Oscar. The purpose of these ratings is to create a community of mutual trust, respect and responsibility among Users. These ratings may be used to deactivate a driver who continuously falls below a certain minimum expected standard exclusively set by the Company, to be determined by the Company at its sole discretion.
You shall maintain in confidence all information and data relating to the Company, its Services, products, business affairs, marketing and promotion plans or other operations and its associated Companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated Companies, or created in the course of this Agreement. You shall further ensure that the use of such confidential information is made in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder. For the purposes of this Agreement, “Personal Data” means information about you (the User), from which you are identifiable, including but not limited to your name, licence details, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the registration may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service. The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):
If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company at email@example.com If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details firstname.lastname@example.org We will, to the best of our abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change. By submitting your information you consent to the use of that information as set out in the form of submission and in these Terms.
You agree to defend, indemnify and hold harmless Oscar and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any Terms of this Agreement, including without limitation your breach of any of the representations and warranties below; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of transportation you provide as a Driver or transportation you receive as a Rider.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE SERVICE TRACKS YOU OR THE VEHICLE USED BY THE DRIVER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE DRIVER SERVICES OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE DRIVER SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.
Oscar has taken commercially reasonable steps (including those required by regulatory authorities) to review a Drivers commercial licence extension as required by each Australian State or Territory, reviewing proof of vehicle insurance, and reviewing for a valid driver’s license. This however, is not to be deemed a warranty or guarantee, either express or implied, for the safety of a ride, the reliability of a Driver, a ride or the Driver’s vehicle, or for anything else, and Oscar expressly disclaims all warranties as to Drivers and Riders. A User should take all reasonable steps in determining whether to accept a ride from Driver or give a ride. Oscar is not responsible for any damages (including personal injury, death, property damage, lost time or wages, and the like) resulting from or related to a ride facilitated by the Services, or for resolving any disputes between Users. You hereby agree that your use of the Services is at your sole risk.
THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, EVEN IF THE COMPANY HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING DRIVERS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING DRIVERS, ADVERTISERS AND/OR SPONSORS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN USERS AND SUCH THIRD PARTY PROVIDERS INCLUDING DRIVERS, ADVERTISERS AND/OR SPONSORS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING DRIVERS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING DRIVERS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE. THE QUALITY OF THE DRIVER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE DRIVER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
The Company may give notice by means of a general notice on the application; electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using email@example.com
The Agreement as constituted by the Terms as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
Drivers are Independent Contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please email firstname.lastname@example.org
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1 – Contractual Relationship. You may discontinue your use of or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the Services, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Services to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party.
Users agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the State or Territory in which the Agreement was performed. The arbitration shall be conducted by the appropriate arbitrator body, or as otherwise mutually agreed by you and Oscar. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Oscar agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND OSCAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
This Agreement shall be governed by Australian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms or the Services shall be subject to the exclusive jurisdiction of the Courts of Australia to which you hereby agree to submit to. You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring Services from the Driver under this Agreement.
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