TERMS AND CONDITIONS

1.0 AGREEMENT

(a) These terms of use (Terms) govern your use of the Koogle application (the Platform) and any other services made available through the Platform, including rideshare services (Services).
(b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Platform (you or User) and us, Chitkara Pty Ltd ABN 56 146 262 900 (Koogle, we or us).
(c) If you do not agree to these terms, please do not use the Platform.
(d) We may change these Terms at any time by updating this webpage, and your continued use of the Platform following such update will represent an agreement by you to be bound by the Terms as amended.

2. ACCOUNTS

2.1 ACCOUNT REGISTRATION
(a) In order to use most of the functionality of the Platform, all Users are required to register and receive an account through the Platform (an 'Account').
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, which will be dealt with in accordance with our privacy policy.
(c) You warrant that any information you give to Koogle in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Account registration process, Koogle may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(e) Koogle reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.



2.2 ACCOUNT RULES
As a User of the Platform, you agree:
(a) to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of Koogle;
(b) to not share your Account with any other person;
(c) you will be solely responsible for any activities that occur under your Account;
(d) that any use of your Account registration information by any other person is strictly prohibited;
(e) to immediately notify Koogle of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(f) you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another User at any time;
(g) that you are solely responsible for your mobile phone, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
(h) to receive marketing materials and other communications from Koogle, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
(i) not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services;
(j) not to harass, impersonate, stalk, threaten, bully or endanger any other User;
(k) to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
(l) you will not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Koogle;
(m) to not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(n) you must not make any automated use of the Platform;
(o) not to act in any way that may harm the reputation of Koogle or associated or interested parties or do anything at all contrary to the interests of Koogle or the Platform;
(p) you are solely responsible for your use of the Platform, including for:
(i) if you are a Rider, requesting, confirming, booking and using and ceasing to use a Driver; and
(ii) if you are a Driver, accepting offers to provide, and providing, services; and
(q) that in making or receiving any payments via the Platform, you warrant that you have read, understood and agree to be bound by PayPal’s terms and conditions, or the terms of use of other payment methods from time to time, that will be available on their website.

3. TERMS FOR DRIVERS

3.1 AVAILABLE TO DRIVE
If you are a Driver:
(a) you must only list yourself as available to provide driving services when you are available to collect any passenger from any location in a 30km radius and drive them to their chosen location (Available to Drive); and
(b) you must not list yourself as Available to Drive for more than 12 hours in one 24 hour period and you must take regular breaks. You must take a minimum of a 9 hour break between each 12 hour driving period.

3.2 VEHICLE REQUIREMENTS
If you are a Driver, you represent and warrant that your vehicle:
(a) is able to achieve a 5 star ANCAP safety rating and must meet all safety requirements for ridesharing purposes;
(b) will clearly display the Koogle logo when you are listed as Available to Drive;
(c) if you collect disabled passengers, is suitably modified to safely transport disabled persons;
(d) has 4 outward opening doors with external handles;
(e) is no older than 10 years old;
(f) has a minimum of 5 seats which includes the driver’s seat and working non-frayed seat belts for the Driver and all passengers/Riders;
(g) is registered in the driver’s name or be registered in a business name where the driver is named on the business’ insurance policy;
(h) is registered in the state where driver partner choose to drive;
(i) is covered by compulsory third party personal injury insurance, including for commercial ridesharing purposes;
(j) is covered by third party property or comprehensive insurance, including for commercial ridesharing purposes;
(k) does not have any significant internal or external wear and tear, such as, but not limited to, upholstery stains or significant body scratches or dents;
(l) does not have any non-compliant aftermarket modifications;
(m) does not have any commercial branding; and
(n) complies with the vehicle requirements published by the official transport authority in your area, as updated from time to time.

3.3 PERSONAL REQUIREMENTS If you are a Driver, you represent and warrant that you:
(a) are an Australian Citizen or are otherwise eligible to work in Australia in accordance with a valid visa;
(b) are at least 21 years old;
(c) have held an unrestricted Australian driver licence for at least a minimum of 1 year; (d) have an iOS or Android smartphone;
(e) consent to any background checks such as, but not limited to, a criminal history and driving history check;
(f) have all necessary insurances, licenses, permits and approvals to provide transportation services to third parties;
(g) own or have leased a personal vehicle which meets the requirements in clause 3.2; and
(h) meet all the Driver requirements published by the transport authority in your jurisdiction, as updated from time to time.

4. TERMS FOR RIDERS

If you are Rider:
(a) you may, at any time, chose to list a request specifying your pick up location and drop off location (Request to Ride), which will be distributed to the closest Driver (and so on until a Driver accepts your Request to Ride);
(b) you must at all times behave in a manner that is respectful and courteous to the Driver;
(c) if you damage the vehicle in any way you must pay the reasonable costs of cleaning (such as vomiting or food spills), repair or replacement (in the Driver’s absolute discretion) and if you fail to do so the Driver may pursue debt recovery against you and you must cover the Driver’s costs of doing so;
(d) if you are feeling unwell, it is your responsibility to notify the Driver (and the Driver may, in its absolute discretion, refuse to provide the services to you). The Driver may contact emergency services and you must pay the costs of any medical assistance you receive; and
(e) you must not graffiti, deface, or otherwise cause damage to the vehicle. If you cause damage to a Vehicle, you will be liable to pay the costs of cleaning or repair work, in the Driver’s absolute discretion.

5. FEES AND PAYMENT PROCESS

(a) Using the Platform and creating an Account is free.
(b) As part of registering for an Account, you must provide a Nominated Bank Account which will be direct debited or credited (as applicable) at the completion of a Ride.
(c) When a Rider lists a Request to Ride, the Platform will generate a price range within which the actual Ride Fare will fall depending on the time taken to complete the Services (Ride Fare). The Platform will hold the Ride Fare as a pending charge against the Rider’s Nominated Bank Account until the ride is completed.
(d) Koogle processes payments through PayPal, or another third party payment provider notified to you from time to time (Online Payment Partner). In addition to these Terms, payments made via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website.
(e) If a Driver has to wait for a Rider for more than 02:30 (2 minutes and 30 seconds) minutes, a charge of .60 cents per minute will apply. Including for the original two minutes and up to five minutes. If the Rider does not arrive after that 5 minutes, the cancellation fee in clause 6 will apply. (f) Once a Driver completes a Request to Ride, the Online Payment Provider will:
(i) debit the Rider’s Nominated Bank Account; and
(ii) provide the total of the Ride Fare to the Driver.
(g) Koogle will keep a commission 10.00% of the Ride Fare (Introduction Fee). Koogle reserves the right to change the percentage taken as the Introduction Fee at any time by updating these terms.
(h) The Driver must pay the Introduction Fee to Koogle within 5 business days of receiving the Ride Fare from the Online Payment Provider. Koogle may audit a Driver at any time in accordance with clause 11 to ensure compliance with this clause 5(h). (i) Amounts payable and receivable in accordance with this clause may take up to 5 business days to be processed.

6. CANCELLATIONS

(a) You must not cancel a Service after the relevant Request to Ride has been accepted.
(b) Koogle will have no liability or obligation to you if a Service is cancelled and you will not be entitled to any compensation from Koogle.
(c) If a Service is cancelled by a Rider after 5 minutes after the a Request to Ride has been accepted, the Rider’s Nominated Bank Account will be direct debit a $9.00 cancellation fee out of which $7.00 will be provided to the Driver as a genuine reflection of the loss the Driver has suffered due to the cancellation. Koogle will keep $2.00 as technical fees for the transaction.
(d) If a Service is cancelled by a Driver after a Request to Ride has been accepted but before the Driver collects the Rider, the Driver must give details of the reason for the cancellation. Koogle may, without being under any obligation to do so, investigate the cancellation and Koogle may decide to cancel the Driver’s Account.

7. RELATIONSHIPS

7.1 INTRODUCTION SERVICE
Koogle is a medium that facilitates the introduction of Riders and Drivers for the purposes of making arrangements to fulfil Service offerings. Koogle simply collects an Introduction Fee in consideration for providing this introduction service and does not have any obligations or liabilities to Riders and Drivers in relation to such Services.
7.2 LINKED BUSINESS
You acknowledge and agree that:
(a) the Platform provides links and introductions to Drivers who are third parties and who are not under the control of Koogle;
(b) the provision by Koogle of introductions to Drivers does not imply any endorsement or recommendation by Koogle of any Driver; and
(c) Koogle does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Driver who uses or is listed on the Platform.
7.3 BYPASSING
(a) You must not communicate with another User, or request or entice a User to communicate with you, outside the Platform.
(b) Koogle may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.3.

8. CYBER SECURITY

Koogle does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

9. DISCLAIMER

(a) (Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Koogle's liability for breach of that non-excludable condition, warranty or guarantee will, in its absolute discretion, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(b) (Indemnity) You agree to indemnify Koogle and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Platform or your provision or receipt of Services from another User.
(c) (Consequential loss) To the maximum extent permitted under applicable law (including the Competition and Consumer Act 2010 (Cth)), under no circumstances will Koogle be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter, or any services provided by any Driver.

10. DISPUTES BETWEEN USERS

(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Koogle. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility regardless of the outcome of that complaint or dispute.
(d) Koogle may, in its absolute discretion, appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between the Users that are party to the dispute.
(e) Koogle reserves the right to direct the Online Payment Provider to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with Koogle, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

11. RECORD/AUDIT

To the maximum extent permitted by law, Koogle reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, device I'd and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Koogle.

12. JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.