Terms & Conditions
Divi Australia Pty Ltd (ABN 49 616 428 696) trading as mobi (mobi) owns, operates and maintains this Website, www.mobishare.com.au, and mobile software application (App), the software connected with the Website and App (Software) and the content contained therein, and asserts its copyright.
1. Accessing this Website and App
1.1 By accessing this Website or App, Users agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website and App or accessing the Services. The materials contained in this Website and App are protected by applicable intellectual property law.
1.2 Use of parts of the Website and App (including those parts of the Website and App which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.3 mobi may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the Website and App;
(b) withdraw or suspend access to all or any part of the Website and App and any account;
(c) monitor the use of the Website and App;
(d) subject to applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website and App.
2. Services provided by mobi
2.1 mobi operates the Website and App as an online platform to facilitate communication and access to shared transportation (Rides) between Users of the Website and App who wish to provide Rides (Drivers) via a listing on the Website and App (Listing) and other Users who wish to receive Rides (Riders).
2.2 mobi’s Services are limited to providing the Website and App, online platform and facilitating the Listings.
3. User License – Website and App
3.1 Permission is granted to temporarily download any of the Website and App materials (information or Software) (Materials) on the Website and App for personal, non-commercial transitory viewing only.
3.2 This is a grant of a license, not a transfer of title, and under this license Users may not:
(a) modify or copy the Materials;
(b) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Website and App;
(d) remove any copyright or other proprietary notations from the Materials; or
(e) transfer the Materials to another person or “mirror” the materials on any other server.
3.3 A User’s license under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, mobi may at its discretion, terminate the license. Upon termination of the license, that User will have no right to view the Website and App or any of the content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.
4. Use of the Website and App
4.1 Users must not, in connection with the use of the Website and App, act in a manner which:
(a) is contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third party’s rights;
(b) may result in damage to the Website or App or any property or equipment of mobi, its directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other user from using or enjoying the Website and App;
(d) endangers the health or safety of any person;
(e) poses or creates a privacy or security risk to any person;
(f) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes” or any other form of solicitation;
(g) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, objectionable;
(h) may cause an interference to any business conducted by mobi;
(i) upload, post, email or otherwise transmit any of the following to, or through, the Website or App:
(i) confidential material;
(ii) misleading or deceptive material;
(iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the Driver of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;
(j) alter, damage or delete any material on the Website or App;
(k) hold yourself out as having any authority to act on behalf of us; or
(l) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.
4.2 Users must obey any lawful instruction of mobi in using the Website and App.
4.3 Users consent to mobi’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website and App.
4.4 mobi has an anti-discrimination policy. Users are prohibited from making any negative rating, comment or engage in any conduct or speech on the basis of or influenced by gender, race, ethnicity, ability, disability, sexual orientation, age, or other protected ground under applicable law. Users agree to report to mobi promptly any discrimination related complaint by emailing us at firstname.lastname@example.org. Users and Accounts may be deactivated from the mobi platform for discriminatory behaviour.
5.1 To list or access a Ride, a User must first register a free personal, individual account by creating a username and a password and by providing such information as may be required by mobi from time to time, and which may include the User’s real name, contact telephone number, e-mail address, billing address, bank account details and a valid credit, debit card or other payment method that mobi Website and approves and accepts (Account).
5.2 Account registration may also be accepted via linking social media accounts including Facebook, in which case you also agree to the terms of that social media account provider.
5.3 Account names must not be:
(a) misleading or deceptive;
(c) in violation of any law or third party rights.
5.4 mobi may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
5.5 Users are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.
5.6 Users acknowledge and agree that mobi does not make any representation as to the success or the likely success of a Listing, Ride or the success or the likely success, quality or fitness for purpose of use of a Ride shared via the Website and App.
6.1 All Rides submitted for Listing shall be in an approved format as determined by mobi.
6.2 The content and material related to a Ride shall not contain unauthorised third party intellectual property, or unauthorised material that is subject to other third-party proprietary rights.
6.3 mobi may, at its sole discretion and for any or no reason, delete, edit, modify, reformat, convert, excerpt, or translate any material or content related to a Listing.
6.4 Users acknowledge that mobi may establish general practices and limits concerning use of the Services, including without limitation the maximum size of a Listing, the period of time that data or other content will be retained by mobi and the maximum storage space that will be allocated to a Listing.
6.5 mobi may at its sole discretion for any reason or no reason, terminate any Listing at any time without notice or compensation to Users.
7. Driver Users
7.1 By submitting a Listing to the Website or App, Drivers are making a binding offer to provide that Ride to a User Rider who purchases the Ride for the Price. A separate contract will be formed between the Driver and Rider, to which mobi will not be a party.
7.2 Prior to listing Rides, Drivers should carefully consider the legal rights and obligations that may arise between the Driver and a Rider and under these Terms and Conditions of Use and, if in doubt, Drivers should seek further legal advice in respect of these rights and obligations.
7.3 Drivers acknowledge and agree that mobi has no responsibility, duty or obligation to review the fitness for purpose or accuracy of any Ride or Listing.
7.4 It is the Driver’s responsibility to ensure compliance with any legal restrictions placed in relation to providing the Ride (including any accreditation or licensing that may be required), whether in the Driver’s home city, state, territory or country or in any other city, state, territory or country. mobi is not responsible for Drivers’ compliance with any such applicable laws. mobi does not accept any liability for Rides listed in breach of any terms or conditions applicable to such Rides and Drivers shall remain solely responsible to the relevant parties for any consequences of listing a Ride in breach of such terms and conditions.
7.5 Drivers agree to indemnify and hold harmless mobi and Riders from and against all losses, liabilities, damages, fines, expenses and costs arising out of or in connection with a Driver’s provision or failure to provide a Ride.
7.6 Drivers warrant to, and for the benefit of, mobi, the following:
(a) Each vehicle used to provide a Ride is:
(i) owned by the Driver, or the Driver is entitled to use the vehicle for the provision of Rides;
(ii) fit for the purpose of providing Rides and in good useable condition; and
(iii) not offered for Rides in breach of any terms and conditions applicable to that vehicle
(b) In offering a Ride and providing a Ride via the Website and App, Drivers are complying with all applicable laws, regulations and codes of practice including, but not limited to, consumer or other legislation which regulates the activities of the Driver or which may be applicable to the sharing of the Ride within any relevant territory, state or country;
(c) is not under the influence of alcohol, illicit drugs or medication that may affect their ability to drive;
(d) appropriate cover and levels of insurance have been obtained to meet any claims or obligations that may arise from the provision of Rides; and
(e) All information that Drivers provide to mobi when applying to become a User or at any time thereafter is true and accurate in all respects.
7.7 Drivers shall immediately notify mobi so we can help contact the Rider if a lost item is found after a Ride. Drivers should make every effort to return the item to the Rider as soon as possible.
7.8 An Access Charge is payable by a Driver to mobi for each Ride as set out in clause 9.
8.1 Riders must carefully read the full Listing for each Ride and satisfy themselves of the suitability of the Driver and Ride before requesting the Ride.
8.2 Upon selecting the Ride via the Website or App, the Rider is committing to a contractual obligation to share the Ride for the Price, and to make such additional payments as may be required, including those imposed by mobi, its payment partners and the Rider’s financial institution.
8.3 Riders agree to pay the Price, fees and charges set out in clause 9.
8.4 All payments must be made, and will be taken, in Australian dollars.
8.5 Riders agree that irrespective of the total number of Riders sharing a Ride, Drivers will:
(a) only pick up Riders at a single location; and
(b) Drivers will only drop off Riders at a single location
8.6 Riders must not use or cause the Ride to be used for or in connection with any illegal purpose.
8.7 Riders indemnify mobi and the Driver for any damage or loss caused by the Rider to any vehicle used in connection with a Ride.
8.8 Riders acknowledge and agree that mobi has no responsibility, duty or obligation to review the fitness for purpose or accuracy of any Ride or Listing, or the competence or ability of the Driver to provide the Ride. Specifically, by using the Services you agree that mobi, partner organizations and individuals including organizers or sponsors of carpool groups, and related persons are not responsible for your safety, comfort, or successful travel arrangements, or for your belongings, or for any other liability with regard to your use of the mobi Website or App. mobi, at its own discretion, may take steps to check Drivers’ backgrounds, driving history, proof of automobile insurance, or possession of a valid driver’s license. However, mobi makes no representation or warranty, either express or implied, that any such check has been carried out or that any information provided to it is true or correct or not misleading, and makes no assurance or guarantee as to the safety of a Ride, the reliability of a Driver, or a Driver’s vehicle, or for anything else, and mobi expressly disclaims all warranties as to any Drivers and Riders. Responsibility for the decisions You make regarding accepting transportation rest solely with You. It is each Rider’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the Website, App and Services. mobi requests that Users exercise caution and good judgment when using the Services.
8.8 Riders agree mobi is not responsible for maintaining valid car or other insurance of Drivers. The responsibility for obtaining and maintaining valid insurance falls solely with the Driver. Riders use the platform at their own risk. The Rider shall not hold mobi liable for improper, or inadequate insurance coverage.
8.9 mobi is not liable for personal belongings left in the car by a Rider and the loss of these items may not be covered under the Driver’s insurance policy. It is the responsibility of the Rider to ensure they remove all personal belongings from the car after a Ride. Riders who have lost an item should immediately email email@example.com promptly so the Driver may be contacted to try and locate the lost item.
8.10 Rider agrees to report to mobi promptly any Driver reasonably suspected to be under the influence of alcohol or illicit drugs by emailing mobi at firstname.lastname@example.org. Drivers may be deactivated from using the mobi Platform while an investigation takes place. Users agree to report to mobi promptly any safety-related complaint by emailing us at email@example.com.
9. Price, Fees and Charges
9.1 The Price payable for a Ride is set out in Schedule 1 or is displayed on a Listing and is inclusive of GST where applicable. Drivers agree to charge the Price, and Riders agree to pay the Price.
9.2 Users agree to pay the following charges:
(a) a Cancellation Fee of up to $2.50 is payable for each Ride cancelled with less than 12 hours’ notice or in the event that a Driver or Rider does not perform or receive a Ride as agreed;
(b) An Access Charge of 17% of the Price or the Cancellation Fee, payable by the Driver to mobi;
(c) All fees and charges imposed by third party financial institutions incurred in connection with a Ride; and
(d) Any charge or levy imposed by any government or authority in connection with the provision of the Ride.
9.3 All payments must be made electronically via mobi’s payment gateway, Braintree Payments, and Users agree to Braintree Payment’s terms and conditions.
9.4 Cash is not accepted as payment for a Ride. Payment or receipt of cash by a User in relation to a Ride may result in the cancellation of an Account.
9.5 mobi, at its sole discretion, may make available promotional offers with different features to any of our Users and this may affect the Price and charges payable.
9.10 mobi may change its Access Charge as it deems necessary, in its sole discretion, but will provide notice of the change via the Website or App.
(a) Identifying information such as name and date of birth;
(b) contact information such as home address, home and mobile phone numbers
and email address; and
(c) financial information, such as bank account and credit card details; and
10.3 mobi may use personal information collected from Users to provide Users with information, updates and our services. mobi may also make Users aware of new and additional products, services and opportunities available to Users, provided by mobi, our partners, service providers and customers. mobi may use Users’ personal information to improve our products and services and better understand Users’ needs.
10.4 mobi may contact Users by a variety of measures including, but not limited to in-Website and App messaging, telephone, email, sms or mail.
11.1 Users are solely responsible for obtaining their own tax advice before using the Website and App and Services.
11.2 Drivers are solely responsible for any tax consequences as a result of the use of the Website and App and the Services.
12. No warranties and limitation of liability
12.1 To the extent permitted by law, mobi excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where mobi is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), mobi’s liability is limited (to the extent permitted by law) at its option to the following:
(a) in the case of goods supplied or offered by it:
(i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
12.2 mobi, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a User’s use of or inability to use the Website and App or a Ride,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website and App or a Ride;
(c) any information available on or through the Website and App or on or through any Website and App to which there is a link from the Website and App; or
(d) mobi’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
12.3 Users indemnify mobi, its related bodies corporate, their officers and employees, and service providers) from and against all:
(a) liability to any third party (including a Driver or Rider);
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to that User’s negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
13. No partnership, employment or agency
Nothing in these terms and conditions constitutes the relationship of employer and employee, partnership, joint venturers, principal and contractor or principal and agent between mobi and a Driver or between mobi and a Rider. It is the express intention of the parties that any such relationships are denied.
14. Revisions and Errata
The materials Website and Appearing on mobi’s Website and App could include technical, typographical, or photographic errors. mobi does not warrant that any of the materials on its Website and App are accurate, complete, or current. mobi may make changes to the materials contained on its Website and App at any time without notice. mobi does not, however, make any commitment to update the materials.
15. Links and Advertising
mobi has not reviewed the sites linked to or from the Website and App or third party advertising. All links and advertising provided are for Users’ convenience only, and mobi is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by mobi of the site. Use of any such linked Website and App or advertising is at the User’s own risk.
17. _ Governing Law
Any claim relating to these Terms and Conditions of Use or the use of the Website and App or Services shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.
If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
Account has the meaning set out in 5.1.
Ride refers to transportation that a Driver has shared with a Rider via a Listing on the mobi Platform in order to offset some, or all, of the costs of the transportation.
Driver refers to any User that has registered as a driver on the mobi Platform for the purposes of providing Rides to Riders who pay the Price.
Riders refers to any User that has registered as a passenger on the mobi Platform for the purposes of receiving Rides in exchange for the Price.
Listing means a listing on the Website and App displaying the Ride and related information including the Price.
Price means the price of the Ride as set out in clause 9.
Services means the provision of the Website and App, the Software platform for listing and providing or receiving a Ride.
User means any person accessing the Website and App or Services provided by mobi
PRICES & ACCESS CHARGES
Price per kilometre payable by each Rider – 0.37 cents
Minimum Price per Rider per Ride – $6
Access Charge payable by Driver to mobi – 17% of the Price