Terms & Conditions

DRIVER TERMS AND CONDITIONS

These terms of use (Terms) govern your use of the A1 Rides application (the Platform) and any other services made available through the Platform.

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, A1 RIDES PTY LTD ABN 27 628 962 943 (A1 Rides, we or us).

The Platform is a passive medium that facilitates the introduction of:

  • Users of the Platform who offer to provide driving services (Drivers); and
  • Users of the Platform who are seeking obtain driving services (Riders)

If you do not agree to these terms, please do not use the Platform. 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

  • Drivers will list themselves on the Platform as Available to Drive in accordance with clause 10.
  • Riders will use the Platform to submit a request to be picked up by a Driver and driven to a chosen location (Request to Ride).
  • The first Driver to accept the Request to Ride will perform the services for that Rider (Services).
  • The Platform will generate a price bracket within which the actual Ride Fare will fall depending on the time taken to complete the Services (Ride Fare).

  • This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent that you are either:
  • over the age of 18 years and accessing the Platform for personal use; or
  • are under the age of 18 years old and have your parent’s or guardian’s consent to use the Platform and they agree to these terms and conditions on your behalf.
  • Please do not access the Platform if you are under the age of 18 years old and do not have your parent’s or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  • If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.

  • In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an 'Account').
  • 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, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by A1 Rides from time to time.
  • You warrant that any information you give to A1 Rides in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  • Once you complete the Account registration process, A1 Rides may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  • A1 Rides reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

As a User, you agree:

  • to comply with the Terms;
  • to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of A1 Rides;
  • to not share your Account with any other person;
  • you will be solely responsible for any activities that occur under your Account;
  • that any use of your Account registration information by any other person is strictly prohibited;
  • to immediately notify A1 Rides of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • 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;
  • 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;
  • to receive marketing materials and other communications from A1 Rides, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
  • not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services;
  • 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);
  • 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 A1 Rides;
  • to not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • not to harass, impersonate, stalk, threaten, bully or endanger any other User;
  • you must not make any automated use of the Platform;
  • not to act in any way that may harm the reputation of A1 Rides or associated or interested parties or do anything at all contrary to the interests of A1 Rides or the Platform;
  • you are solely responsible for your use of the Platform, including for;
  • if you are a Rider, requesting, confirming, booking and using and ceasing to use a Driver; and
  • if you are a Driver, accepting offers to provide, and providing, services; and
  • that in making or receiving any payments via the Platform, you warrant that you have read, understood and agree to be bound by Stripe.com, or the terms of use of other payment methods from time to time, that will be available on their website.

  • WARRANTIES

By providing or posting any information, materials or other content on the Platform (User Content), you represent and warrant that:

  • you are authorised to provide the User Content (including by being authorised to provide any services that you represent you provide);
  • the User Content is accurate and true at the time it is provided;
  • any User Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  • the User Content is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
  • the User Content is not “passing off” of any product or service and does not constitute unfair competition;
  • the User Content does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR);
  • the User Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  • the User Content does not breach or infringe any applicable laws.

  • You grant to A1 Rides a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any User Content in order for A1 Rides to use, exploit or otherwise enjoy the benefit of such User Content.
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you forever release A1 Rides from any and all claims that you could assert against A1 Rides by virtue of any such moral rights.
  • You indemnify A1 Rides against all damages, losses, costs and expenses incurred by A1 Rides arising out of any third party claim that your User Content infringes any third party’s IPR.

  • A1 Rides acts as a passive conduit for the online distribution of User Content and has no obligation to screen User Content in advance of it being posted. However, A1 Rides may, in its absolute discretion, review and remove any User Content (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the material and/or information
  • You agree that you are responsible for keeping and maintaining records of User Content.

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge that A1 Rides cannot guarantee that:

  • the Platform will be free from errors or defects;
  • the Platform will be accessible at all times;
  • messages sent through the Platform will be delivered promptly, or delivered at all;
  • information you receive or supply through the Platform will be secure or confidential; or
  • any information provided through the Platform is accurate or true.

A1 Rides retains ownership of the Platform and reserves all rights in any IPR owned or licensed by it not expressly granted to you.

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). A1 Rides takes no responsibility for Third Party Content and makes no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

  • 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.
  • 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 A1 Rides. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  • Any costs you incur in relation to a complaint or dispute will be your responsibility
  • A1 Rides has the option to 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
  • A1 Rides reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
  • If you have a dispute with A1 Rides, 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.
  • Notwithstanding any other provision of this clause 9, you or A1 Rides may at any time cancel your Account or discontinue your use of the Platform.>

  • You acknowledge and agree that you must only list yourself as available to provide driving services when you are available to collect any passenger from any location and drive them to their chosen location, and you otherwise comply with this clause 10 (Available to Drive).
  • As part of registering for an Account as a Driver, you must upload your current drivers’ licence. A1 Rides will, without being under any obligation to do so, verify the currency of your licence.
  • To avoid driver fatigue, you acknowledge and agree that you must not list yourself as Available to Drive for more than 8 hours in one 24 hour period and you must take a break of 15 minutes every two hours.
  • You acknowledge and agree that you may only list yourself as Available to Drive if you clearly display the A1 Rides logo on the front and back of your car. You must remove the logos when you are not listed as Available to Drive.
  • By listing yourself as Available to Drive you represent and warrant that:
  • you comply with all of these Terms, including as set out in this part; and
  • you will comply with all policies of A1 Rides as set out on our website.

  • If you are listed as Available to Drive, you will be notified when a Rider submits a Request to Ride.
  • you acknowledge and agree that you must perform the Services and use best endeavours to not cancel the Services.
  • A1 Rides will have no responsibility for the accuracy, reliability or timeliness of the content provided in a Request to Ride.

By creating an Account and listing yourself as Available to Drive, you represent and warrant that you:

  • are at least 21 years old:
  • have held an unrestricted Australian driver licence for at least a minimum of 1 year:
  • have an iOS or Android smartphone;
  • can communicate with Passengers in English clearly and effectively:
  • consent to any background checks such as, but not limited to, a criminal history and driving history check:
  • have all necessary licenses, permits and approvals to provide transportation services to third parties:
  • own or have leased a personal vehicle which meets the requirements in clause 4; and:
  • meet all the Driver requirements published by the Department of Transport and Main Roads, or other official transport authority in New South Wales, as updated from time to time

By creating an Account and listing yourself as Available to Drive, you represent and warrant that your vehicle

  • has 4 outward opening doors with external handles;
  • is no older than 10 years old;
  • 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;
  • is registered in the driver’s name or be registered in a business name where the driver is named on the business’ insurance policy;
  • is registered in the state of New South Wales;
  • is covered by compulsory third party personal injury insurance, including for commercial ridesharing purposes;
  • is covered by third party property or comprehensive insurance, including for commercial ridesharing purposes;
  • 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;
  • does not have any non-compliant aftermarket modifications;
  • does not have any commercial branding;
  • is not a convertible, ex-taxi, instructor vehicle, or commercial vehicle such as a bus, truck or utility van; and
  • complies with the vehicle requirements published by the official transport authority in New South Wales, as updated from time to time.

  • Using the Platform and listing yourself as Available to Drive is free.
  • Once you complete the Services, the Rider will be automatically debited the Ride Fare. The Ride Fare will be paid to A1 Rides.
  • We will transfer the amount to you minus a fee (Introduction Fee) within a reasonable time after having received it from the Rider. A1 Rides reserves the right to change or waive the Introduction Fee at any time by updating these Terms.

  • A1 Rides will have no liability or obligation to you if a Rider cancels at any time after you have accepted the Services, and you will not be entitled to any compensation from A1 Rides, including any portion of the Introduction Fee.
  • The Introduction Fee is by default non-refundable. However, A1 Rides may, in its absolute discretion, issue refunds of such fees in certain circumstances.
  • If you wish to cancel a service before you have fulfilled the requirements of the service the Rider requested, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling. If A1 Rides decides to investigate your request, you must provide assistance and information to A1 Rides as reasonably requested.
  • If we accept your request to a cancel a service, we may take one or more of the following actions:
  • cancel your Account;
  • refund the Ride Fare, including or not including the Introduction Fee, to the relevant Rider; and/or
  • require that you pay all or part of the Introduction Fee refunded to the Rider and issue you an invoice for that amount.

  • You agree that while you are a Driver on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Rider whom you came to know about, or with whom you provided services to directly or indirectly, by using the Platform. This provision will apply whether or not the Rider or their representative is still active on the Platform.
  • A1 Rides, in its absolute discretion, may 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 2.4.

  • You agree that when a Rider submits a Request to Ride, this constitutes their intention and offer to enter into a contract with you, where you will provide the Rider with the service in the Available to Drive they responded to in exchange for payment of the Ride Fare. A contract is formed in this respect when you respond to a Request to Ride with an email or message on the Platform confirming that you accept the Rider’s offer.

By listing yourself as a Driver on the Platform and posting as Available to Drive, you represent and warrant that;

  • you are generally able to fulfil the requirements of the services;
  • you will provide the Services;
  • using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
  • in compliance with all applicable laws;
  • you understand that A1 Rides does not hold insurance in respect of any services you may provide to a Rider, including any compulsory third party insurance or public liability insurance, and that it is your responsibility to obtain and hold any such insurances; and
  • any individuals or companies involved in performing the relevant services have not been previously convicted of a felony, and there are no current legal, criminal, civil or administrative proceedings against such individuals or companies.

A1 Rides 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.

  • (Introduction service) A1 Rides is a medium that facilitates the introduction of Riders and Drivers for the purposes of making arrangements to fulfil service offerings. A1 Rides simply collects an Introduction Fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Riders and Drivers in relation to such services or otherwise resulting from the introduction.
  • (Limitation of liability) To the maximum extent permitted by applicable law, A1 Rides limits completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Driver, to $100 AUD. This includes the transmission of any computer virus.
  • (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, A1 Rides' liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
    in the case of goods, their replacement or the supply of equivalent goods or their repair; and
    in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  • (indemnity) You agree to indemnify A1 Rides 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.
  • (Consequential loss) Under no circumstances will A1 Rides 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.

You agree that:

  • information owned by A1 Rides, including system operations, documents, marketing strategies, staff information and Rider information, may be disclosed or made available to any third parties; and
  • all communications involving the details of other users on this Platform are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

You agree to be bound by the clauses outlined in A1 Rides’ Privacy Policy.

  • A1 Rides reserves the right to terminate a User’s access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
  • In the event that a User’s membership is terminated:
    • the User’s access to all posting tools on the Platform will be revoked;
    • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Available to Drives or requests); and
    • the User will also be unable to view the details of all other Drivers (including contact details, geographic details and any other details), and all Available to Drives previously posted by the respective User will also be removed from the Platform.
  • Users may terminate their membership on A1 Rides at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, A1 Rides will effect such termination within a reasonable time after receiving written notice from the User.
  • Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.

  • You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and A1 Rides will not be held accountable in relation to any transactions between Riders and Drivers where tax related misconduct has occurred.
  • Drivers are not entitled to payment of superannuation from A1 Rides

To the extent permitted by law, A1 Rides 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, 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 A1 Rides.

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.