Delivering Remote Employment Opportunities in Australia
Terms & Conditions of Use
Acknowledgement and Acceptance
The use of the App and the Services is governed by the terms and conditions set out below, as updated by the Operator (RESQ+) from time to time. By downloading the App and/or using the Services, a User is taken to have accepted the terms and conditions in their entirety and a contractual relationship is formed between the User and Operator. A User is responsible for their compliance with these terms and conditions (including any updated versions).
PLEASE ENSURE YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS FULLY BEFORE USING THE APP OR THE SERVICES.
If a User does not agree to these terms and conditions, they must not use the Services or the App. These terms and conditions supersede any prior arrangement between the User and the Operator. The Operator may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above. Amendments to these terms and conditions will be published on the Operator website and continued use of the App or the Services by the User is taken as acceptance of the amendments.
Users will require their own internet connection to use the application and will be responsible for any associated costs of data use. Users are responsible for enabling notifications from The App to ensure Users receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from the Operator from time to time. Users may choose not to enable notifications however by doing so, the User acknowledges that that limits their use of the App and may impact their use of the Services.
In addition, supplemental terms may apply to certain services, such as the use of WiFi on the Vehicles – these will be made available by the Operator on their website or at the time of use.
Definitions
“App” means the RESQ+ customer application available for download from the Google Play and Apple iTunes stores.
“Associated Parties” include the Operator’s related entities, its contractors and subcontractors.
“Booking” means a confirmed agreement for the Operator to pick up the User at a nominated time and location and transport them to an agreed location or deliver an Instruct lesson.
“Conditions of Carriage” means the Conditions of Carriage applicable to Users when using the Services, available on the Operator website:
“Service Region” means the geographical zone the service is available in
“Services” means the provision of shuttle services or Instruct lessons by or on behalf of the Operator within a dedicated Region and available to be booked by the User.
“Operator” refers to RESQ Plus Pty Ltd.
“User” means any individual that downloads the App and/or uses the Services.
“Vehicle” means a vehicle used by the Operator to provide the Services.
Description of the Services
Account requirements
To access the Services, Users will need to create an account in the App or on the Operator website.
The creation of an account will require the provision of Personal Information. The Operator will treat all Personal Information provided by the User in accordance with our Privacy Policy (see document)
By becoming a User, individuals warrant that they have the right, authority and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to their account.
TO BOARD A VEHICLE USERS MUST HAVE A BOOKING – Operator Vehicles will not, under any circumstances, pick up passengers hailing Vehicles or waiting at ranks.
THE OPERATOR DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL BE ACCURATE, RELIABLE, SECURE, ACCESSIBLE OR FREE FROM ERRORS OR DEFECTS. IT IS THE RESPONSIBILITY OF THE USER TO INVESTIGATE WHETHER USE OF THE SERVICES WILL MEET THEIR REQUIREMENTS.
Bookings
When is a Booking made?
A Booking is made on confirmation from the Operator and notification of the estimated pick up time is provided. Until a User has received this notification, no Booking will be accepted by the Operator.
The Operator reserves the right to refuse carriage to Users who do not have evidence of their Booking in the form of an App confirmation on their mobile phone which can be displayed to the driver on pickup or who does not follow instructions and requirements outlined by the Instructor.
Multiple Passengers
Users must nominate at the time of Booking if booking a trip for additional passengers to that User. A User acknowledges that a failure to notify the Operator at the time of arranging the Booking may entitle the Operator to refuse carriage to the additional passengers and/or cancel the Booking in its entirety. Additional passengers for Instruct lessons are required to follow guidelines outlined by the instructor.
Seat allocation
The Services currently do not provide for allocated seating and it is therefore the responsibility of the User to select a seat when they board the Vehicle. The safety of the User, including the use of seatbelts, is the responsibility of the User in all circumstances.
Conditions of Carriage
When using the Services, the User agrees to abide by all relevant regulations and policies, including but not limited to those set out on the RESQ + website www.resqld.com.au
The Operator’s Conditions of Carriage can be found on the Operator’s website and set out the Operator’s policies including those in relation to passenger behaviour, luggage and assistance animals.
A failure to abide by any of the above may result in the Operator prohibiting a User from using the Services and/or suspending their account.
Changes to Bookings - Ride
You can cancel your trip through the RESQ+ app.
If a User repeatedly cancels trips without notifying the Operator in advance, the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.
RESQ+ Refund and Cancelations - Instruct
We understand that life happens, and plans can change. The following policy ensures fairness for both learner drivers and instructors, please review prior to your lesson.
Cancellation:
-
Cancel 4+ hours before your lesson:
Receive a 100% lesson credit, valid for future bookings. Credits are valid for one year from the date of issue. -
Cancel less than 4 hours before your lesson:
Receive a 50% lesson credit, valid for future bookings. Credits are valid for one year from the date of issue. -
No-shows:
If you miss your lesson without notifying us in writing, no credit or refund will be issued. - The instructor will wait 15 minutes from the start of your driving lesson before cancelling the lesson.
- To cancel a lesson, you must notify your RESQ+ Instructor by emailing instructor@resqld.com.au .You must include your full name and the date of the lesson you would like to cancel.
- Credits are valid for 12 months from the date of purchase.
Refunds:
- We do not provide change of mind refunds.
- Refunds are offered if the cancellation is on our behalf. RESQ+ may cancel the lesson if an instructor is unable to attend or there is an issue with the vehicle. You will have the choice of a refund or credit to use for a future lesson. We will notify you of the cancellation by calling and emailing your contact details provide on the booking form.
- Refunds are processed in the RESQ+ Transport App (Liftango app) via the program Stripe. RESQ does not issue refunds directly.
Alcohol & Drug Policy
To prioritise safety for all parties:
- All participants/learner driver must be free from the influence of alcohol or illicit substances through the duration of their lesson.
- All participants must complete a breathalyser test before each driving lesson.
- If a participant/learner driver fails a breathalyser test or shows clear signs of impairment, the instructor may cancel the lesson immediately. In such cases, no refund or credit will be issued.
Credit Transfers:
Credits are fully transferable. If you’re unable to use your credits, you may transfer them to another user. You must provide the details in writing by emailing instructor@resqld.com.au. Credits are only valid from the date of purchase not the date of transfer.
Privacy and Personal Information
Use of the App or the Operator website may require individuals to disclose personal information when creating their user profile. The App will also collect information about the Users use of the Services, including trips booked and payments made. Any Personal Information received by the Operator will be treated in accordance with our privacy policy.
The information and data from these Services may be used to generate anonymized and aggregated statistical and analytical data and be used for the Associated Parties’ internal research and product development purposes and to conduct statistical analysis and identify trends and insights. In addition, the Associated Parties’ may supply the aggregated statistical and analytical data to third parties following the Operator’s written consent. Personal Information (information or an opinion about passengers), collected from Users, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by the Operator will be disclosed to RESQ+.
The Operator may also use passenger contact details to conduct surveys relating to the provision of the Service provided by the Operator.
By using the Services provided by the Operator, Users consent to the collection, use and disclosure of their Personal Information in the manner outlined above. The consents and rights above will survive the expiry of these Terms and Conditions.
Ownership of Intellectual Property
All Intellectual Property associated with the Services is owned by the Operator, its Associated Parties or RESQ+ unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive license to use the App for the purposes outlined above and no other purpose. the Operator and RESQ+ give no warranties, and will not in any circumstances be liable for, the infringement of third-party Intellectual Property rights in relation to the Use of the App.
Any material (other than Personal Information) uploaded by the User will become the property of the Operator. This includes feedback comments, ratings of the Operator’s drivers or Services and promotional materials uploaded onto social media sites and pinned to the Services. By uploading any images or other materials onto public areas of the application, the User consents to the use of these in promotional material or other publications by the Operator.
Limitation of Liability
The Operator will, at all times, use best endeavors to deliver the Services in line with these terms and conditions, the Conditions of Carriage and the Customer Charter.
TO THE EXTENT PERMITTED BY LAW, THE OPERATOR AND ITS ASSOCIATED PARTIES ARE NOT LIABLE FOR ANY LOSS (INCLUDING DIRECT OR INDIRECT LOSSES, DAMAGE, LIABILITY OR EXPENSES ARISING NATURALLY FROM THE PERFORMANCE OR NON-PERFORMANCE (INCLUDING ANY NEGLIGENT OR WILFUL ACT OR OMISSION) ANY BREACH OR DEFAULT BY OPERATOR OR A THIRD PARTY) CAUSED BY OR CONTRIBUTED TO BY THE USER’S USE OF THE APP OR THE SERVICES.
WITHOUT LIMITING THIS SECTION, THE OPERATOR WILL NOT BE LIABLE FOR ANY COSTS INCURRED BY A USER AS A RESULT OF A CANCELLED SERVICE, INCLUDING CONSEQUENTIAL DAMAGES OR THE COST OF ALTERNATIVE TRAVEL ARRANGEMENTS, INCLUDING WITHOUT LIMITATION FOR ANY FAILURE TO MEET A SUBSEQUENT JOURNEY ON ANY FORM OF TRANSPORT.
SUBJECT TO THE BELOW, IN NO EVENT, WILL THE OPERATOR’S LIABILITY TO A USER EXCEED $1,000 IN RELATION TO ANY INCIDENT OR CLAIM.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
Indemnity
YOU AGREE TO INDEMNIFY THE OPERATOR, AND ASSOCIATED PARTIES, AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH:
- YOUR USE OF THE APP AND/OR THE SERVICES;
- YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS;
- THE OPERATOR’S USE OF INFORMATION PROVIDED BY YOU (PROVIDED THIS IS IN ACCORDANCE WITH OUR PRIVACY POLICY); OR
- YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTIES, INCLUDING THIRD PARTY PROVIDERS AND OTHER USERS.
Suspension or Termination of Accounts
A series of poor ratings may result in the Operator prohibiting a User from using the Services and/or suspending their account.
Dispute Resolution
The Operator values feedback, questions and concerns from Users in relation to the App and the Services and will endeavour to respond to all genuine enquiries as soon as possible.
All feedback and enquiries should be lodged at first instance using the email service:
Drive: transport@resqld.com.au
Instruct: instructor@resqld.com.au
General Provisions
Relationship between the Parties
In relation to the performance of Services, the Operator will provide the Services as an independent contractor and nothing in these Terms and Conditions will be construed so as to constitute the Operator as an employee of the User or constitute a partnership between the parties or so as to constitute either party as the agent or legal representative of the other party.
Applicable Law
The use of the App and the Services will be governed and construed in accordance with the laws of NSW Australia and the User submits to the non-exclusive jurisdiction of the courts of that State.
Entire Agreement
This document records the entire agreement between the parties. The parties exclude all terms implied by law, where possible. Neither party has given any warranty or made any representation to the other party about the Services, other than those warranties and representations expressed in this document.
Severance
In the event that any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.
Contacting Us
If you have any questions regarding any legal aspect of this document, please send us an email transport@resqld.com.au or instructor@resqld.com.au
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