TERMS OF SERVICE

[Updated and Effective as of: 5th of September 2018]

INTRODUCTION

Welcome, and thank you for using Wayyd’s Services. The Services are provided by Wayyd Pty Ltd (ACN 603 854 137, herein referred to as Wayyd), located at 170 Hulcombe Road, Highvale QLD 4520 AUSTRALIA.

By accessing and using our Services, you agree to these Terms of Service (“Terms”), which constitute a legally binding agreement (the “Agreement”) between you and Wayyd, and any other policy we uphold, and any other agreement Wayyd initiates with you whether explicit or implied.

You are not permitted to use our Services, or any of our platforms, apps, websites etc., if you do not uphold or agree to these Terms.

We reserve the authority to immediately terminate these Terms or any Services we provide to you or offer in general, or portions thereof, at any time at our discretion.

These Terms supersede any prior agreements or arrangements we may have had with you.

In the case where additional/supplementary terms may apply to certain Services, the same will be disclosed to you in connection with the applicable portion of the Services. Where there is a conflict between additional/supplementary terms and these Terms, the additional/supplementary terms shall prevail over these Terms with respect to the applicable portion of the Services.

Any claims arising due to the use of our services or in relation to any of our terms of service or privacy policy shall be brought by you in your capacity as an individual and not as a plaintiff or class member in any class, group, or representative action or proceeding.

These Terms are effective world-wide and may be changed from time to time, and although it is your responsibility to check this page from time to time to ensure you are up-to-date with our Terms, we will endeavour to communicate with you to inform you of any updates/changes. Your continued use of our Services, and your communications with us, assumes your consent to these Terms and any changes we may make.

Collection of information is in accordance to our Privacy Policy, which can be found at: www.wayyd.com/privacy.

ELIGILIBILITY & YOUR USE OF SERVICES

You agree that you are the age of legal majority within the jurisdiction you live and use our Services in order to obtain an Account; in most cases you must be either a minimum age of 18 or 21. You must keep your details up-to-date, accurate, and complete. You will be entirely responsible for all activity conducted under your Account.

For initial Account creation you must provide your First Name, Last Name, Email Address, create a Password, Phone Number, let us know whether you intend to be a Passenger or Driver, Agree to our Terms of Service and Privacy Policy, let us know how you heard about us, and optionally input a promotional code. You must keep all your details up-to-date, and particularly your Payment Method for conducting transactions must be valid as you may be restricted from our Services if it is not.

To be an Operator (driver or courier) on our platform, you must also meet the relevant verification requirements and also meet your local jurisdictions requirements to offer the services you offer to Users (passengers or senders) directly. As you will be operating your own hobby/business via our platform, the onus is on you to ensure you meet all the legal requirements as per your jurisdiction – as a ‘Driver’ on our platform for pre-planned (existing) journeys, you are in fact deemed to be doing it for non-Commercial purposes and only for subsidising costs such as fuel, parking, and tolls; and a direct transaction/receipt between you and your Passenger(s) occurs.

All users of our platform agree to behave in an orderly and descent manner, respecting others using our platform and/or accessing our Services. There will be no toleration for unwarranted aggression by any party, and suspension or complete deletion may be applied to any party abusing our Services and those who use our Services.

Any content you provide during the use of our Services via any device or access point shall remain your property; however you grant to Wayyd, without requirement for payment or further notice or consent, now and forever, a universal, irrevocable, ever-lasting, royalty-free licence, permission to sub-licence or duplicate in any manner such content, in any shape or form, across any of Wayyd’s business and third-party affiliates and services as we see fit and/or necessary.

You agree to meet any requirements as per your local jurisdiction requires in order to use or provide services such as transportation or logistics whether private or commercial; albeit our platform enables true peer-to-peer services, and as such for example in the case of ‘ride-share’, you are deemed to be conducting a non-Commercial service which is not a Public Passenger Service (such as ride-hail services), and is purely for cost subsidisation on an existing journey and is privately arranged.

You agree that you will not circumvent Wayyd’s platform in order to receive or provide transportation or logistics if you had initially been connected via Wayyd’s platform.

If you choose to become an Operator (driver/courier) you confirm that you meet all your local jurisdictions requirement to provide such transportation or logistics services; you also confirm that you are NOT getting paid from Wayyd, but rather that each transaction is one between you and the User (passenger/sender) directly and as such the Receipts generated for your amount will be under your name, sent to the User via Wayyd’s automated platform. Unless required by your local jurisdiction’s law for the provision of transportation or logistics services, Wayyd does not require you to display any brand or logo or marks of Wayyd.

You agree to receive a verification SMS for the purpose of registration, and you agree to continue to receive further communication from Wayyd via SMS/MMS.

Wayyd may from time-to-time enable the use of promotional codes (“Promo Code” or “Promo Codes”) either for credit or commission, donation, or other purposes. You must no duplicate or distribute Promo Codes without permission from Wayyd. Promo Codes will be governed by these Terms and may also contain peculiar terms not herein stated; where there is conflict between these Terms and the terms of a particular Promo Code, the Promo Code terms shall prevail. Promo Codes may be disabled by Wayyd at any time. Wayyd may at its discretion deduct or withhold a monetary amount in relation to a Promo Code where there is suspected or proven fraud or error or any other violation of a local law or these Terms of the terms of the Promo Code. During a promotion, such as first-time Passenger/Sender up to AU$10 credit on their first transaction, the Operator agrees to only be paid $2.00 for that particular $10 amount of the transaction; if the transaction exceeds $10, the Operator will be paid $2 plus whatever the addition would be above $10 for their offer/bid amount.

OUR SERVICES

Our Services provide a platform, whether on a website or app, which enable third-party Operators (drivers and/or couriers) to provide their specific service to Users (passengers and/or senders). The services the Operators provide may include transit, rideshare, and/or logistics services. Operators directly Receipt the User for the service they have provided, and they are deemed to be operating their own hobby/business via our platform; Wayyd DOES NOT provide any such service, but only the technology to enable such communications and the provision of such services.

Our Services may be made available to you under various brands and/or white label applications, and/or third-party providers. Wayyd shall not be liable or responsible in any manner for your use of any third-party providers making our Services available to you through their platforms/infrastructure. You will be directly accepting the third-party provider’s terms of service and privacy policy by accessing our Services via their platforms/infrastructure.

Wayyd and Wayyd’s licensors reserve all rights including those not expressly stated here. By agreeing to these Terms, Wayyd grants you a non-exclusive, non-transferrable, non-secondary- licensable, limited, and revocable licence to access and use, for non-commercial purposes, the Applications on your personal devices, and the website and platform, and any content and data made available through our Services.

You have no rights to use our Services except in the manner communicated in these Terms as a limited license, nor can you at will reference any of Wayyd’s company names, services, brands/logos/trademarks, or any other marks, or any of our licensors. Unless explicitly permitted by Wayyd you must not distribute in any manner or otherwise exploit, the Services Wayyd provides. You may not attempt to gain unauthorised access to or interfere with any aspect of the Services or any related systems, operations, or networks. You may not remove anything which is proprietary of Wayyd from any of the Services. You may not deconstruct any of the Services unless required and/or permitted by applicable law. You must not automate or manually conduct any process to scrape or index or in any other manner transmit data or mine data relating to the Services which may burden or hinder the functionality, operation, and efficiency of the Services.

PAYMENT & CHARGES

Wayyd uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account which we create on your behalf, to process credit and debit card transactions for your Account with Wayyd.

Wayyd and Stripe are independent entities, and nothing in Wayyd’s Terms of Service does, or attempts to, represent any partnership, agency, or employment relationship between Wayyd and Stripe.

Payment processing services for you on Wayyd’s platform are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/au/connect-account/legal), which includes the Stripe Terms of Service (https://stripe.com/au/legal) (collectively, the “Stripe Services Agreement”) – these terms from Stripe have been updated in May 2018 and are in accordance to the EUs “GDPR” stipulations (you can learn more about Stripe’s conformance to the GDPR stipulations here: https://stripe.com/guides/general-data-protection-regulation). By agreeing to this Agreement or continuing to operate as in any capacity on Wayyd’s platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Wayyd enabling payment processing services through Stripe, you agree to provide Wayyd accurate and complete information about you and your business, and you authorize Wayyd to share it and transaction information related to your use of the payment processing services provided by Stripe.

You expressly understand and agree that Wayyd shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Wayyd shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Wayyd is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If a transaction involving you is processed, it is your responsibility to verify that the transaction was successfully processed.

You understand that Wayyd uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Wayyd liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account, your Wayyd account, or your business.

You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your Wayyd account.

In the capacity of a User (passenger/sender), you will be charged prior to any trip/job. There are no additional charges other than what you will see as the final offer/bid, even if there are actual delays in transit, tolls, or any other charges the Operator has to bear. Wayyd DOES NOT have a time- distance algorithm for calculating charges, and in fact Wayyd does not have a metered/fared service.

As the actual service of providing transportation whether for people or goods is provided by an Operator (driver/courier), Wayyd only enables the charging, via Stripe, and Wayyd charges a connection fee in addition to the Operator’s cost to a User.

After each completed trip/job you will receive a receipt from the Operator and an Invoice from Wayyd. The receipt which comes from the Operator to you is for them providing the service for your trip/job; if the Operator is not registered with a business number, then their cost will be without tax and actually come to you as a ‘receipt’ as opposed to an ‘invoice’. E.g. For an Operator with an ABN you would have received an Invoice for $11.00 incl. GST; for an Operator without an ABN you will receive a Receipt for $11.00 (but no GST component). The Invoice will come from Wayyd (for the connection fee) and will include GST.

Wayyd has established two systems for charging:

  1. Reservations (for Corporate and School (daily school trips))
    1. A Reservation contains a number of trips for the week, e.g. you might select Monday to Friday with morning and evening trips each day, this would mean there are 10 trips in your Reservation.
    2. Depending on when you make the Reservation, you will be charged at that moment for the remaining trips in the week; e.g. you may have selected for 10 trips, but if it is Wednesday evening, you will only be charged at that moment for 4 trips (Thursday & Friday morning and evening trips).
    3. Whilst a User gets charged at the moment of making the Reservation, on Saturday our system reconciles and the User is refunded for any uncompleted trips they were charged for; e.g. if a trip is $7, and you paid $70 for the week, but you only completed 8/10 trips, then you will be refunded $14 minus any Stripe fees.
    4. On Saturday, after reconciling any refunds required, our platform will automatically charge you for the entirety of the next week, unless you have cancelled your Reservation or related Job in the mean-time.
    5. An Operator sets their per kilometre (/km) cost as part of their verification process; their initial /km cost is based on a 10km benchmark, e.g. if they set their /km charge at $0.5/km, it would work out to be $5.00 for a 10km trip; however, our system scales the /km charge up or down depending on the User’s requested distance – we do this in order to keep the pricing relative to general public transport pricing according to zoning distances.
    6. The actual trip cost the User sees includes the scaled Operator cost/km, plus Wayyd’s connection fee; e.g. if the Operator cost is $5/trip, it may appear as $6.75/Trip on the User interface.
    7. If there is any system downtime, and the Operator is not able to check off your trip as completed, then they will receive an email within a couple of hours to manually confirm if the trip was completed or not; they must select an option in that email prior to Saturday GMT+10 11AM; failure to do so will mean that they will not get paid for that trip, and the User will get a refund.
    8. If a trip in a Reservation is cancelled or skipped after it has already been confirmed via a notification, the cancelling party may be charged up to $2.00 as a penalty fee; e.g. there is a 1 hour notification sent to the User in their going-home trip from work, and if they say ‘YES’ to being picked up by the Operator, then they change their mind and cancel that trip, then the User may be charged up to $2.00 as a penalty fee.
  2. Bidding (for one-off journeys and logistics)
    1. A Bid is made by an Operator to the User on a one-off trip/job, for example to take a trip to the city on Thursday evening, or to send a package to Sydney on Friday.
    2. The Bid the User sees includes the Operator’s bid and Wayyd’s connection fee.
    3. Payment is taken at the moment that a User accepts an Operator Bid; the payment includes both the Operator bid amount and Wayyd’s connection fee.
    4. Once an Operator marks a trip/job as complete, a receipt and invoice will be sent to the User – the receipt from the Operator for their service to the User, and an invoice from Wayyd for the connection fee.
    5. If a trip/job gets cancelled, on Saturday the initial charge will be initiated to be refunded to the User, minus any Stripe fees.
    6. If after accepting a Bid for a trip/job the User or Operator cancels the Bid/Job, then the cancelling party will be charged up to a $2.00 fee.
    7. In the case of a Logistics job, if ‘Extra Cover’ is selected, an additional 4% of the ‘estimated value of goods’ will be added to Wayyd’s connection fee and will appear as included in the Bid value.

Wayyd reserves the right to withhold payment to an Operator or a refund to a User, if there is suspected fraud and/or abuse of Wayyd or Wayyd’s payment systems, platform, and any of Wayyd’s Services, or in order to resolve a User’s and/or Operator’s dispute claim.

As a User (passenger/sender) you will be responsible for any cost of repair for damage to any of the Operators (driver/courier) property caused by you or anyone using your Account which is above general ‘wear and tear’ and necessary cleaning. If the Operator files a dispute relating to repair or cleaning, Wayyd may at its discretion charge you as the User the reasonable cost of repair or cleaning to assist the Operator – however there is no implied responsibility from Wayyd’s side as the matter must ultimately be resolved between the User and the Operator. Once the payment has been made for the damage, the amount is non-refundable.

COOKIES

Wayyd uses cookies to authenticate users, remember your preferences and settings, for marketing purposes, and determining traffic, trends, and understanding general behaviour and interests. We also use third-party cookies (i.e. non-Wayyd, third-party service providers).

As cookies are an important part of providing our Services to you, we recommend you to accept cookies, however you do have the right to not accept cookies; it must be noted that our Services may not function in the best manner if you do not accept cookies. By default, most browsers and phones will have cookies enabled, but you may turn them off manually.

LIMITATION & LIABILITY

WAYYD, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “WAYYD” FOR PURPOSES OF THIS SECTION), SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, LOSS OF PROFIT(S), FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE WAYYD PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WAYYD PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WAYYD PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, OR LOGISTICS SERVICES, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WAYYD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, LOGISTICS SERVICES, OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. WAYYD’S TOTAL LIABILITY TO YOU IN ANY EVENT IN CONNECTION WITH THE SERVICES PROVIDED BY WAYYD, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AU$100).

DISCLAIMER

The Wayyd platform and all related Services are provided on an “as is” basis and Wayyd DOES NOT warrant or condition any of the services you may receive by using our platform. Wayyd does not warrant the accuracy or completeness or reliability of our Services and cannot guarantee you will always have an available client or service provider. Wayyd does not take any responsibility for the misuse of our platform and/or for any under-age person(s). Wayyd does not provide or procure insurance of any sort to any users of our platform. By using Wayyd’s platform you agree to accept such risks and agree that Wayyd is not responsible for the acts or omissions of any users of the Wayyd platform. Wayyd shall not be responsible or liable for any fees or costs you may incur from your internet or phone providers, or any other providers you may be using in order to access our Services; we recommend that you have a high or unlimited data plan whilst using our Services.

INDEMNITY

You agree to hold harmless, defend, and indemnify Wayyd and any entity affiliated with or associated with Wayyd, including subsidiaries, affiliates, parents, successors and assigns, and each of our respective shareholders, directors, officers, employees, and agents, from any claims, suits, losses, costs, actions, liabilities, and expenses of any sort, relating to or arising out of your, or someone under your authority’s, use of the Wayyd platform and/or participation in our Services.

GOVERNING LAW

These Terms shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia, excluding any rules on conflicts of law with any other International or Universal legislation. All disputes must be lodged within 30 days of the supposed occurrence and evidence must be provided that the occurrence was within 30 days. Both mediation and/or arbitration shall be Queensland, Australia and shall be in the English language. All communications, documents, briefs, and any other correspondence in relation to a dispute must remain strictly confidential unless expressly permitted in writing from the other party, unless disclosure is crucial for conducting the mediation and/or arbitration.


CONTACT US

You may write to us in relation to these Terms at:

Wayyd Pty Ltd
170 Hulcombe Road
Highvale QLD 4520
AUSTRALIA