Terms & Conditions

Overview

The JAYRIDE website (the "Website") is owned and made available to you by Jayride Technology Pty Ltd ("JAYRIDE", "Us", "We"). The following terms ("Terms of Use") govern your access to and use of the Website. Please review these Terms of Use carefully. By accessing and/or using the Website, you agree to be bound by these Terms of Use.

Amendments
From time to time, JAYRIDE may amend these Terms of Use by posting revisions on the Website with no additional notice to you. Please check back frequently to see the Terms of Use then in effect. Your continued access to and use of the Website will constitute acceptance of the amended Terms of Use. If you do not agree with these Terms of Use, or any future amendments, your sole recourse is to cease use of the Website.

Membership
JAYRIDE makes this Website available for use by the general public, subject to these Terms of Use.

In order to access and use the member-only components of the Website and the Services offered on it, you must register and become a member of JAYRIDE.

JAYRIDE reserves the right to terminate your membership at any time if you breach these terms and conditions. You agree to ensure that your registration details are true and accurate at all times. You must not disclose any user ID, password or other log in information to any person.

Fees for members
JAYRIDE may from time to time charge fees ("Member Fees") to its members for certain services ("Member Services") on the Website. If the service you use incurs a Member Fee, you'll be able to review and accept its terms prior to purchasing it. We may change our Member Fees from time to time, although we will notify you of changes to our Member Fees by posting such changes on the Website as and when they occur.

We may choose to temporarily change our Member Fees for promotional events; these changes are effective when we announce the promotional event.

Our Member Fees are non-refundable unless expressly stated. You are responsible for paying Member Fees when they're due. If you don't, we may limit your ability to use the Member Services on our Website. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You must not seek to avoid Member Fees through using services outside of JAYRIDE. You must not circumvent or manipulate our fee structure, the billing process, or fees owed to JAYRIDE. Attempts to avoid fees may result in us to cancel your use of the website.

Unless stated otherwise, Member Fees are inclusive of GST and in Australian Dollars.

Fees for professional and commercial users
JAYRIDE may charge fees to partners, including professional transport providers, travel agents, or other commercial users, for use of certain parts and or features of the Website ("Commercial Fees").

For the avoidance of doubt, Commercial Fees are distinctive and separate to Member Fees; Commercial Services are distinctive and separate from Member Services; and Commercial Users do not use Member Accounts. They are normally exclusive of GST in Australian Dollars and may be subject to their own distinct and separate terms.

Information service
All information provided by JAYRIDE pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representation or warranty that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. You should make your own enquiries and, if appropriate, seek independent advice before acting or relying on any information or material which is made available to you pursuant to this service.

You agree that We may use any information provided by you in conjunction with the Website for distribution to third parties ("Your Data"). We undertake that any "Personal Information" provided by you (as defined in the Privacy Act 1988 (Cth)) will be dealt with in accordance with applicable legislation and our Privacy Policy. Our distribution of Your Data may involve the provision of Your Data to overseas entities from time to time.

Your conduct
In using this Website you agree:

(a) not to disrupt or interfere with any other user's enjoyment of the Website;

(b) not to upload, post or otherwise transmit any viruses, malicious computer code or other harmful files through the Website;

(c) not to disrupt or interfere with the security of or otherwise cause harm to the Website; and

(d) not to use any automated system or software to extract data from this Website for any purpose whatsoever ("screen scraping"). Screen scraping is prohibited, except in cases where third parties have entered into a written licence agreement directly with JAYRIDE which permits that third party to access JAYRIDE's timetable and route information.

All providers of transport services that post services on Our website do so on the basis that the services they provide are duly licensed, insured and otherwise lawful in the jurisdiction in which they are offered.

Intellectual property
All text, photographs, data, information, visual, or other digital material, software (including source and object codes), all other content of any description available on the Website or included in any services (collectively, the "Content"), are the sole property of JAYRIDE and/or its licensors. All Content is protected by copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited. In addition, use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited.

You may download one copy of the Content to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise, in any form or by any means:

– adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or from any information obtained from this Website; or

– commercialise any information, products or services obtained from any part of this Website;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the Website automatically terminates and you must immediately destroy any downloaded or printed materials.

Links to third-party websites
We may offer links on the Website to the websites of third parties. Such links are provided only as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those of JAYRIDE, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

Indemnification
By using the Website, you agree to defend, indemnify and hold harmless JAYRIDE, its licensors and partners (including partners, sponsors and advertisers), and their respective employees, officers, directors, or agents (collectively, the "Released Parties") from any and all claims, liabilities and expenses, including, without limitation, attorneys' fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your breach of these Terms of Use, or infringement of the rights of any third party.

Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from your use of this web site or any linked web site or your use of or reliance on information contained on or accessed through this web site.

In particular, but without limitation We disclaim any liability in respect of third party services (such as airport shuttle bus or private transfer services) used by You as a result of accessing Our website. Such services are not provided by JAYRIDE. You must satisfy yourself as to the efficacy, safety and legality of such services, including any licensing requirements of the relevant jurisdiction in which those services are provided together with any insurance coverage that such service providers may or may not have in place.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

Notices
Except as explicitly stated otherwise or as required by law, you will provide any notices to JAYRIDE by contacting us in writing at the following address:

Jayride Technology Pty Ltd,
Suite 1, Level 5, 51 Pitt Street,
Sydney NSW 2000,
Australia

Choice of law and forum
These Terms of Use are governed by and shall be governed, construed and interpreted in accordance with the laws of the State of New South Wales and the Commonwealth of Australia, without giving effect to principles of conflicts of law. You agree that any action to enforce these Terms of Use may be brought in courts located in New South Wales, Australia. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defences inconsistent with such venue. By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

General
Headings of the sections are for reference purposes only and will not be used to interpret or construe these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and disclaimer provisions.

Please note that use of this website and Our services by transport providers, large trip generators or other commercial users may be subject to additional terms and conditions at JAYRIDE's discretion.

Last updated
We update this policy from time to time, so please refer to this page regularly. This page was last updated on 10 July 2014.

Jayride Technology Pty Ltd, ACN 155 285 528.