Terms of Service

/Terms of Service
Terms of Service2018-11-12T17:14:43+00:00

Ride Share Drivers’ Association of Australia Terms of Service

These Terms of Service (together with Supplemental Terms, defined below, “Terms of Service” or “Agreement”) govern Your use of and access to Services (defined in Section 1 below) provided by Ride Share Drivers’ Association of Australia, on behalf of itself and its subsidiaries and affiliates (collectively, “Ride Share Drivers’ Association of Australia”).

If You purchase Services from Ride Share Drivers’ Association of Australia, then You will be making payments to Ride Share Drivers’ Association of Australia (“Ride Share Drivers’ Association of Australia”), a sole proprietorship under the laws of the State of Queensland Australia, with business registration number: 14 508 980 981 and with offices at 2 Tambourine Place, Narangba, QLD 4504 (payments are more particularly described in Paid Services in Section 4 below). Use the addresses set forth above for withdrawal notices or other queries.

By using any Ride Share Drivers’ Association of Australia Services, You affirm that (i) You are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where You live) OR You have reviewed these Terms of Service with Your parent or guardian and he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them (You or Your parent or guardian assenting: “You” or “Your”) AND (ii) You are a legal resident of a country where Your access to and use of the applicable Services are permitted. You represent that You are fully able and competent to enter into the terms, conditions, and representations set forth in these Terms of Service, and You agree to abide by and comply with them.

In addition to these Terms of Service, Ride Share Drivers’ Association of Australia’ Privacy Policy, available at rsdaa.org.au/privacy-policy, and any additional terms and/or agreements that apply to the particular Service(s) used by You, govern Your use of Services (collectively, “Supplemental Terms”).

These Terms of Service contain a Dispute Resolution, Arbitration and Class Action Waiver Provision in Section 14 that affects Your rights under these Terms of Service with respect to disputes You may have with Ride Share Drivers’ Association of Australia if You reside in a jurisdiction outside of the European Economic Area (“EEA”)/Switzerland/Australia/New Zealand. You may opt out of the binding individual arbitration and class action waiver as provided below in Section 14.

Check rsdaa.org.au/terms-service periodically for new information and terms that govern Your purchase, use and receipt of Ride Share Drivers’ Association of Australia Services. Ride Share Drivers’ Association of Australia may modify these Terms of Service at its sole discretion at any time, by posting the revised version at rsdaa.org.au/terms-service or upon other notice to You. Unless otherwise noted, revisions shall be effective immediately and You will need to agree to the revised Terms of Service before You continue using any Services. By continuing to use the Services or our websites, You agree to any revised Terms of Service. If You do not agree to the revised Terms of Service and/or revised Supplemental Terms, You must discontinue further use of any of the Services, contact RSDAA Admin at admin@rsdaa.org.au and cancel all of Your Account(s), memberships or subscription(s).

These Terms of Service are between You and Ride Share Drivers’ Association of Australia and none of Ride Share Drivers’ Association of Australia’ subsidiaries or other affiliates, shall have any obligations or liability under or related to these Terms of Service.

Table of Contents

1……… Services; Your Account(s)

2……… Content; User-Generated Content

3……… Limited License to Use

4……… Paid Services

5……… Availability of Services and Content; Termination of Services

6……… Your Right to Cancel Your Account

7……… Rules of Conduct

8……… Your Use of the Services

9……. Third Party Sites and Products

10……. Disclaimer of Warranty

11……. Limitation of Liability; Limited Remedies

12……. Indemnification/Reimbursement

13……. Termination of Your Account by Ride Share Drivers’ Association of Australia

14……. Dispute Resolution, Arbitration and Class Action Waiver

15……. Unsolicited Materials

16……. Intellectual Property Infringement

17……. General Terms

18……. Entire Agreement

19……. Notice to California Residents

20……. Notice to EEA/Swiss Residents

  1. Services; Your Account(s)

Ride Share Drivers’ Association of Australia offers a range of services on PC, Mac, iOS devices, and mobile devices, including, but not limited to: (i) access to Content (defined in Section 2), (ii) software, including, but not limited to, third-party software (“Software”), and (iii) related services, such as membership programs that include special benefits for members, downloading and uploading media, forums, and additional features (together with Content and Software collectively referred to as “Services”).

Certain Services may require the creation of an account (“Account(s)”). To create an Account, You must have a valid email address and be eligible to use the Service for which You are registering. You must provide truthful and accurate information, and update such information to keep it true, accurate, current and complete. During the registration process, You may be required to create a password. Ride Share Drivers’ Association of Australia has the right to restrict, suspend, or terminate Your Account and refuse any and all current or future use of Services if Ride Share Drivers’ Association of Australia reasonably believes that such information is untrue, inaccurate, not current, or incomplete.

Some Services may require creation of a user name, such as a “UserID” or “Display Name” to represent You in the Services, and which are tied to Your Account (collectively, “user name(s)”). You may not select the name of another person, any third party’s trademark, copyright, or other intellectual property infringement, any name that could mislead others to believe You to be an employee of Ride Share Drivers’ Association of Australia or affiliated companies, or any name that Ride Share Drivers’ Association of Australia deems in its sole discretion to be vulgar, offensive, or otherwise violates these Terms of Service. Subject to the Statutory Obligations (as defined below), Ride Share Drivers’ Association of Australia reserves the right, in its sole discretion, (a) to delete or alter any user names tied to an Account; and (b) to restrict, suspend or terminate Your access to any Service or license granted to You, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.

By creating an Account, You agree that You do not own the Account, any user names created on the Account, any Content stored or associated with an Account (such as digital and/or virtual media and other Downloadable Content), or related data associated with the Account.

Accounts are non-transferable under all circumstances. You have sole liability for all activities on Your Account and/or under Your user names. You may be held liable for losses incurred by Ride Share Drivers’ Association of Australia or other third parties due to someone else using Your Account, user name or password. Your Account or certain features of Your Account may be restricted, suspended, and/or terminated if someone else uses Your Account, user name or password to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You agree to notify Ride Share Drivers’ Association of Australia immediately of any unauthorized use of Your Account, user name, or password, or any other breach of security.

Do not reveal Your Account password to others. Ride Share Drivers’ Association of Australia employees will not ask You to reveal Your password. You provide Your password only during automatic Account Services, such as during the log-on process, or if You initiate a “Forgot Password” request to obtain security questions.

SECTION 12 OF THESE TERMS OF SERVICE INCLUDE PROVISIONS THAT MAY AFFECT YOUR ABILITY TO COLLECT DAMAGES FROM RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA IF (I) YOU HAVE A DISPUTE WITH RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA AND (II) YOU RESIDE IN A JURISDICTION WHERE PROVISIONS EXCLUDING OR LIMITING LIABILITY ARE ENFORCEABLE.

IF YOU ARE RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA ACKNOWLEDGES THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS AND CONDITIONS (INCLUDING IN RESPECT OF REFUNDS AND RETURNS AND UNFAIR TERMS) IMPOSED BY THE LAWS RELATING TO THE SUPPLY OF GOODS, SERVICES AND DIGITAL CONTENT UNDER THESE TERMS OF SERVICES, THE SUPPLEMENTAL TERMS AND ANY EULA WHICH THE LAWS EXPRESSLY PROVIDE MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (THE “STATUTORY OBLIGATIONS“). NOTHING IN THESE TERMS OF SERVICE, THE SUPPLEMENTAL TERMS AND ANY EULA EXCLUDES, RESTRICTS OR MODIFIES THE STATUTORY OBLIGATIONS OTHERWISE THAN ACCORDING TO SUCH LAWS.

UNDER THE STATUTORY OBLIGATIONS RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA IS UNDER A LEGAL DUTY TO SUPPLY TO YOU GOODS, SERVICES AND DIGITAL CONTENT THAT ARE IN CONFORMITY WITH OUR CONTRACT WITH YOU.

Any use, reproduction, modification or distribution of Services, including, but not limited to, Content, Software, or any other intellectual property not expressly authorized by these Terms of Service or by an authorized representative of Ride Share Drivers’ Association of Australia in writing is strictly prohibited.

Not all features, products, or Services offered or provided are available to all persons who try to register or in all geographic locations. Ride Share Drivers’ Association of Australia reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or Service to any person or geographic area.

Any offer for any feature, product or Service is void where such Services are prohibited. You are solely responsible for Your compliance with applicable laws with respect to the Services that You access and use.

  1. Content; User Generated Content; and Downloadable Content

This Section 2 shall survive any termination of these Terms of Service.

  1. Content Generally

Content” includes technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, animations, animation-style videos, content, pictures, code, files, data, and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of any websites under Ride Share Drivers’ Association of Australia’ control. All Content made available by Ride Share Drivers’ Association of Australia, unless explicitly identified as third party content, is owned by Ride Share Drivers’ Association of Australia, its affiliates and/or their licensors.

You may not copy or download any Content from a Service unless You are expressly authorized to do so by Ride Share Drivers’ Association of Australia in writing. You acknowledge and agree that You shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses unless You obtained the express written consent of an authorized representative of Ride Share Drivers’ Association of Australia. For clarification purposes, “derivative works based upon” Services and/or Content are works that are substantially similar, both in ideas and expression, to Services and/or Content. Therefore, if You or someone else creates a work and it is likely to bring to mind either or both Services and Content, then it is likely that such work is a derivative work and as such may not be used for commercial purposes.

  1. User-Generated Content

Content includes user-generated Content that You contribute, provide, post, upload or otherwise submit to Ride Share Drivers’ Association of Australia via a Service (“UGC“).

UGC includes any photographs, images, video, music and sounds that You contribute, provide, post, upload or otherwise submit to Ride Share Drivers’ Association of Australia via a Service (collectively, “Your UGC”).

UGC includes Content contributed, provided, posted, uploaded or otherwise submitted to Ride Share Drivers’ Association of Australia by any other person using or via the Services.

UGC also includes Content that is not Your UGC, including but is not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services, whether generated at Ride Share Drivers’ Association of Australia’ specific request or despite Ride Share Drivers’ Association of Australia’s request that You not do so (such as Unsolicited Materials as described in Section 15) (collectively, “Ride Share Drivers’ Association of Australia Owned UGC”). Ride Share Drivers’ Association of Australia Owned UGC also includes all Content that You create or develop using Content provided or made available by Ride Share Drivers’ Association of Australia, including but not limited to Content that You create or develop that is a derivative work of the Content provided or made available by Ride Share Drivers’ Association of Australia.

For clarity, Ride Share Drivers’ Association of Australia Owned UGC does not include (i) any Content that You create or develop if such Content or if the creation or development of such Content would constitute a breach of this Agreement or any Supplementary Terms or would violate any law, (ii) any Content that You create or develop without the use of Content provided or made available by Ride Share Drivers’ Association of Australia.

Ride Share Drivers’ Association of Australia does not pre-screen UGC and does not endorse or approve any UGC that You and other users may contribute, provide, post, upload or otherwise submit via the Services. You are solely responsible for Your UGC and may be held liable for UGC that You contribute, provide, post, upload or otherwise submit.

You may not contribute, provide, post, upload or otherwise submit any UGC that is copyrighted, protected by trade secret law or otherwise subject to third party intellectual property rights, including, but not limited to, privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to contribute, provide, post, upload or otherwise submit such UGC and to grant or assign the described license and property rights to Ride Share Drivers’ Association of Australia as described below.

As between You and Ride Share Drivers’ Association of Australia, You will be the owner of all of Your UGC (as defined above). To the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of Your UGC has expressly granted) to Ride Share Drivers’ Association of Australia and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with Your UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.

Unless otherwise prohibited by applicable law or regulation, by contributing, providing, posting, uploading or otherwise submitting Ride Share Drivers’ Association of Australia Owned UGC or creating Ride Share Drivers’ Association of Australia Owned UGC, You acknowledge and agree that all such Ride Share Drivers’ Association of Australia Owned UGC is the sole property of Ride Share Drivers’ Association of Australia and You hereby assign and agree to assign to Ride Share Drivers’ Association of Australia all such Ride Share Drivers’ Association of Australia Owned UGC contributed, provided, posted, uploaded or otherwise submitted by You and such assignment will be effective on the date the Ride Share Drivers’ Association of Australia Owned UGC is created. To the extent that Ride Share Drivers’ Association of Australia cannot claim exclusive ownership rights in such Ride Share Drivers’ Association of Australia UGC by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of such Ride Share Drivers’ Association of Australia UGC has expressly granted) to Ride Share Drivers’ Association of Australia and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with such Ride Share Drivers’ Association of Australia UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.

You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services.

If so required under applicable law, You will enter into any agreement or undertake any action as deemed necessary by Ride Share Drivers’ Association of Australia to effect the licenses described above in this Section.

IN ALL CASES of UGC under THIS section 2, EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), Ride Share Drivers’ Association of Australia reserves the right (but has no obligation except as required by law) to REVIEW, remove, block, edit, move or disable UGC for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO UGC, including WITHOUT LIMITATION when Ride Share Drivers’ Association of Australia determines that UGC violates THESE TERMS OF SERVICE. The decision to remove UGC or other Content at any time is in Ride Share Drivers’ Association of Australia’ sole and final discretion. To the maximum extent permitted by law, Ride Share Drivers’ Association of Australia does not assume any responsibility or liability for UGC or for ITS removal or FOR any failure to or delay in removing, UGC or other Content.

 

  1. Limited License to Use

Subject to the terms in these Terms of Service and Your compliance with all of the terms and conditions in these Terms of Service, Ride Share Drivers’ Association of Australia grants to You, for Your personal and private use only, a non-exclusive, revocable, nontransferable license to use Services (including any Content which is made available by Ride Share Drivers’ Association of Australia as a part of a Service and then solely in connection with such Service) as set forth in these Terms of Service.

You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Service, and/or Content, including without limitation any accounts; (b) create any derivative works based upon any Services; (c) otherwise use any Services except as expressly provided in these Terms of Service; (d) copy or download any Software or Content unless You are otherwise expressly authorized to do so in writing by Ride Share Drivers’ Association of Australia; and/or (e) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Services. Any commercial use is prohibited absent written permission by an authorized representative of Ride Share Drivers’ Association of Australia.

Ride Share Drivers’ Association of Australia actively enforces its intellectual property rights to the fullest extent of the law. If You are found to engage or facilitate the engagement of infringing and/or illegal activity, including, but not limited to, making unauthorized copies and/or distributing Services, Ride Share Drivers’ Association of Australia may in its sole discretion restrict, suspend, or terminate Your Account or Your access to some or any Services, and/or pursue further legal action against You. Please note that these activities may constitute civil wrongs and/or criminal offenses and Ride Share Drivers’ Association of Australia reserves the right to take such action as appropriate in the circumstances. You agree to reimburse Ride Share Drivers’ Association of Australia for any liabilities, damages, losses, costs and expenses incurred by or suffered by Ride Share Drivers’ Association of Australia arising from or related to any attempted or actual unauthorized or illegal conduct by You, or through the use of Your Account as more particularly described in Section 12.

Ride Share Drivers’ Association of Australia reserves title to the Services and all rights to any Services not specifically granted under these Terms of Service, including without limitation all rights of reproduction, modification, distribution, and display and all copyright, patent, trademark, trade secret, and other proprietary rights and interests. Your use of Services is subject to the intellectual property rights of Ride Share Drivers’ Association of Australia and except for the express licenses granted in the first paragraph of this Section 3, Ride Share Drivers’ Association of Australia does not grant You any licenses or rights to patents or other intellectual property. Content and services are licensed, not sold, to You.

All Services and all intellectual property rights in the Services are owned by Ride Share Drivers’ Association of Australia or its licensors and are protected by Australia, other jurisdictions, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

With the exception of the first paragraph of this Section 3, this Section 3 shall survive the termination of these Terms of Service.

  1. Paid Services

Some Services require payment of a fee. You must have an Account and pay the applicable fees to participate in those Services. For information about subscription fees, membership fees and other fees for particular Services, visit Your particular Service’s product page or contact RSDAA Admin at admin@rsdaa.org.au.

FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), ARE NOT REFUNDABLE IN WHOLE OR IN PART.

Ride Share Drivers’ Association of Australia reserves the right to change the fees or billing methods at any time upon notice to You through Your Account. If You pay a periodic (e.g., monthly) subscription or membership fee for a Service, Ride Share Drivers’ Association of Australia will provide You with at least thirty (30) days advance notice of any such changes. Your continued use of the Service thirty (30) days or more after Ride Share Drivers’ Association of Australia provides such notice of the changes means that You accept such changes. If any change is unacceptable to You, You may cancel Your subscription or membership at any time with such termination being effective at the end of the then-current subscription or membership period for which You previously paid, but Ride Share Drivers’ Association of Australia will not refund any fees or prorate fees for any subscription or membership except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1).

If Your use of the Services is subject to applicable governmental charges (including but not limited to sales tax, value added tax (VAT), goods and service tax (GST) or other taxes), then You must pay for those charges. Your total price may include such governmental charges or such governmental charges may be separately identified from Your Paid Service(s) fees as shown during the payment process. Failure to invoice You for any such charges does not relieve You of the liability to pay such charges.

As the Account holder, You are responsible for all charges incurred on Your Account, including, but not limited to, applicable taxes, and all purchases made by You or anyone that uses Your Account, including, but not limited to, Your family or friends.

  1. Payment Options for Your Services.
      1. Subscribers/Members in North America, South America, or Asia (including Australia and New Zealand but excluding India). If You reside in North America, South America, or Asia (including Australia and New Zealand but excluding India) and purchase Services from Ride Share Drivers’ Association of Australia, then You must pay fees using the payment methods made available by Ride Share Drivers’ Association of Australia for the particular Service (the “Payment Methods”) and You agree to the terms and conditions applicable to each Payment Method You choose. Payment Methods may vary by Service and the terms of Your subscription or membership will be in Your Account details. When You provide credit card or other Payment Method information to Ride Share Drivers’ Association of Australia, You represent to Ride Share Drivers’ Association of Australia that You are the authorized user of the credit card or other Payment Method. You must provide current, complete, and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify Ride Share Drivers’ Association of Australia if Your credit card or other Payment Method is canceled (for example, for loss, theft, or expiration). Changes to Your Payment Method information can be made by contacting RSDAA Admin at admin@rsdaa.org.au.

Some Payment Methods require or permit you to choose automatic renewal of Your subscription or membership. In such cases, You are agreeing to permit Ride Share Drivers’ Association of Australia to automatically charge Your credit card, bank card, debit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription or membership preferences to the applicable Service. You may cancel Your subscription or membership at any time with the termination being effective at the end of the then-current subscription or membership period by revising Your selection in Your Accounts page, or contacting RSDAA Admin at admin@rsdaa.org.au. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your subscription and membership will automatically renew on the expiration date of the then-current subscription or membership term that You previously subscribed to or were a member of, at a fee no greater than Ride Share Drivers’ Association of Australia’ then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription or membership. To the extent permitted by applicable law, if You have subscribed or registered for or requested an automatic subscription or membership renewal, You agree that Ride Share Drivers’ Association of Australia may charge you or may continue charging You on an automatic recurring basis for Your current subscription or membership preferences unless You cancel Your subscription or membership at least thirty (30) days prior to the expiration of the subscription or membership. If You have subscribed for an automatic subscription or membership renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription or membership expires, You will not be able to receive the benefits associated with the subscription (e.g., resume any paid Services usage) or membership benefits without updating Your Payment Method information. Ride Share Drivers’ Association of Australia reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to Ride Share Drivers’ Association of Australia. Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions or memberships.

      1. All Other Subscribers/Members of All Territories Not Specified Above. If You reside outside North America, South America, or Asia (including Australia and New Zealand but excluding India) and purchase Services from Ride Share Drivers’ Association of Australia, then You must pay fees using the payment methods made available by Ride Share Drivers’ Association of Australia for the particular Service (the “Payment Methods”), and You agree to the terms and conditions applicable to each Payment Method You choose. Payment Methods may vary by Service and the terms of Your subscription or membership will be in Your Account details. When You provide credit card or other Payment Method information to Ride Share Drivers’ Association of Australia, You represent to Ride Share Drivers’ Association of Australia that You are the authorized user of the credit card or other Payment Method. You must provide current, complete, and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify Ride Share Drivers’ Association of Australia if Your credit card or other Payment Method is cancelled (for example, for loss, theft, or expiration). Changes to Your Payment Method information can be made by contacting RSDAA Admin at admin@rsdaa.org.au.

You may choose automatic renewal of Your subscription or membership. If You choose this option, You have agreed to permit Ride Share Drivers’ Association of Australia to automatically charge your credit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription or membership preferences to the applicable Service. You may cancel Your subscription or membership at any time with the termination being effective at the end of the then-current subscription or membership period by revising Your selection in Your Accounts page, or contacting RSDAA Admin at admin@rsdaa.org.au. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your subscription or membership will automatically renew on the expiration date of the then-current subscription or membership term you previously subscribed to at a fee no greater than Ride Share Drivers’ Association of Australia’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription or membership. If You have subscribed for or requested an automatic subscription or membership renewal, You agree that Ride Share Drivers’ Association of Australia may continue charging You on an automatic recurring basis for Your current subscription or membership preferences unless You cancel Your subscription or membership at least thirty (30) days prior to the expiration of the subscription or membership. If You have subscribed for or requested an automatic subscription or membership renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription or membership expires, You will not be able to receive the benefits of the subscription (e.g., any paid Services usage) or membership without updating Your Payment Method information. Ride Share Drivers’ Association of Australia reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to Ride Share Drivers’ Association of Australia. Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions or memberships.

  1. Availability of Services and Content; Termination of Services

Ride Share Drivers’ Association of Australia does not guarantee that any Services will be available at all times, in all countries and/or all geographic locations, at any given time, or that Ride Share Drivers’ Association of Australia will continue to offer any particular Services for any particular length of time. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Ride Share Drivers’ Association of Australia reserves the right to change and update Content without notice to You. Ride Share Drivers’ Association of Australia also reserves the right to refuse Your request(s) to acquire Content, and to limit or block any request to acquire Content, for any reason.

Ride Share Drivers’ Association of Australia may update, or modify a Service at any time with or without notice to You. Notwithstanding the foregoing, Ride Share Drivers’ Association of Australia has no obligation to make available any updates or modifications or correct any errors or defects in the Services. Ride Share Drivers’ Association of Australia makes no guarantees about the persistence or availability of any user names or other personas at any time and assumes no liability for lost or deleted Account data. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), You agree that Ride Share Drivers’ Association of Australia will not be liable for any interruption of the Services, delay or failure to perform, any loss of Content (including, but not limited to, UGC), and/or Account data (including, but not limited to, Member data) resulting from any causes whatsoever. Ride Share Drivers’ Association of Australia reserves the right to offer new Services, change and/or discontinue certain Services at any time in its sole discretion.

Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Ride Share Drivers’ Association of Australia may restrict, suspend, or terminate Your access to some or any Services at any time. Should Ride Share Drivers’ Association of Australia make a material change to the Services, it will provide You notice within the time period specified when You joined the particular Service, or if no time period for notice of material changes was specified, then within thirty (30) days of the date such notice is either (at Ride Share Drivers’ Association of Australia’ discretion) provided to You via email or is posted on the applicable product or Ride Share Drivers’ Association of Australia Service or on Your “Profile” section.

In response to a violation of these Terms of Service, Ride Share Drivers’ Association of Australia may issue You a warning, suspend or restrict certain features of Your Account (including, but not limited to, user names), selectively modify or remove or revoke Downloadable Content at an Account and/or device level, immediately terminate any and all Accounts that You have established and/or temporarily or permanently ban Your Account, device, and/or machine from accessing all or certain Services.

Ride Share Drivers’ Association of Australia may terminate Your access to and/or use of the Services (i) for violating these Terms of Service, (ii) if Ride Share Drivers’ Association of Australia, in its sole discretion, deems that Your information is untrue, inaccurate, not complete or incomplete; (iii) if Your use of such Services infringes on or is suspected of infringing on another’s rights or any intellectual property; (iv) if You or Your Account reflects inappropriate Content and/or violates these Terms of Service. Any and all Content (including, but not limited to, Software, Content, and Downloadable Content) will be considered forfeit immediately in the event of any cancellation, closure, or termination of Your Account by Ride Share Drivers’ Association of Australia.

If Ride Share Drivers’ Association of Australia terminates an Account, it may terminate other Accounts that share the same characteristics, such as the name on the Account, email address, mailing address, Internet Protocol address, or credit card number or other Payment Method. Ride Share Drivers’ Association of Australia reserves the right to use any means necessary and permitted under applicable law to identify and terminate Accounts.

You acknowledge that in such circumstances, Ride Share Drivers’ Association of Australia is not required to provide You notice before taking action to restrict, suspend or terminate Your access to or use of Services, and/or Your Account. If Ride Share Drivers’ Association of Australia terminates Your Account, You may not use any Service again without Ride Share Drivers’ Association of Australia’ express written permission. Ride Share Drivers’ Association of Australia reserves the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by Ride Share Drivers’ Association of Australia to use Your Account.

If Your Account, or a particular subscription or membership for a Service associated with Your Account, is terminated or suspended and/or if Your device is temporarily or permanently banned from accessing some or all of the Services, no refund will be granted and You will have no further access to Your Account or the particular Service except where any action has been taken against Your Account or device in error and subject to the Statutory Obligations (as defined in Section 1). If You believe that any action has been taken against Your Account or device in error, please contact RSDAA Admin at admin@rsdaa.org.au.

  1. Your Right to Cancel Your Account

You have the right to cancel Your Account or a particular subscription or membership to a Service at any time. Additional cancellation terms in respect of a particular subscription or membership may be specified when You subscribe, in Your Account information, or in notices for subscription or membership renewals. Generally, when You cancel a subscription or membership the cancellation will be effective at the end of Your then-current subscription or membership period.

Contact RSDAA Admin at admin@rsdaa.org.au to cancel Your Account or any subscription or membership to a Service.

Ride Share Drivers’ Association of Australia reserves the right to collect fees, applicable governmental charges (including sales tax, value added tax (VAT), goods and service tax (GST) and other taxes), or costs incurred before You cancel Your Account or a subscription or membership to a Service. You are also responsible for any amounts owed to third-party vendors or Content providers before Your cancellation. Any delinquent or unpaid fees and other unresolved issues must be settled before You establish a new Account.

  1. Rules of Conduct

Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Ride Share Drivers’ Association of Australia has the right, in its sole discretion, to modify, restrict, suspend, or terminate Your access to the Services. As noted above, this could result because (i) Your information is untrue, inaccurate, not complete or incomplete; (ii) Your activities infringe on or are suspected to infringe on another’s rights or any intellectual property; (iii) Ride Share Drivers’ Association of Australia in its sole discretion determined that You or Your Account reflects inappropriate Content; or (iv) You or activities taken under or with Your Account violate these Terms of Service. Other Supplemental Terms pertaining to Your Service, such as a Code of Conduct, provide guidance on behaviour that Ride Share Drivers’ Association of Australia deems to be inappropriate and specify restrictions on Your Account or Your participation in the Services.

You agree not to use any Service to:

      • Take any action or upload, post, transmit, promote, or distribute any illegal Content, including, but not limited to, any UGC;
      • Take any action or upload, post, transmit, promote, or distribute any Content that infringes or violates any third party rights;
      • Engage in, take any action associated with, or participate in any type of child solicitation, grooming behavior, pedophilia, or predatory behavior in any form.
      • Harass, stalk, threaten, embarrass, spam or do anything else to another user of any Services that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.;
      • Take any action or upload, post, transmit, distribute, or communicate Your or any person’s real-world personal information;
      • Impersonate any person or entity, including, but not limited to, Ride Share Drivers’ Association of Australia, Ride Share Drivers’ Association of Australia’ partners’ or affiliates’ employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
      • Take any action, organize, transmit any Content, effectuate or participate in any activity, group, or association that is harmful, tortuous, abusive, hateful (including “hate speech”), racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, libellous, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or is, in a reasonable person’s view, objectionable and/or deemed to be in the sole discretion of Ride Share Drivers’ Association of Australia inappropriate;
      • Promote, upload, transmit, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software.
      • Take any action or upload, post, transmit, promote, or distribute any Content or software code that may contain a Trojan horse, virus, worm, spyware, time bombs, cancelbots, corrupted data, malware, malicious code, or other computer programs that may damage, interfere with, intercept, expropriate or disrupt the Services, including, but not limited to, any Game(s), personal information, or confidential or proprietary information;
      • Take any action that permits You to collect personally identifiable information, personal information, or aggregated and/or anonymized statistics of others;
      • Engage in disruptive behavior in chat areas, forums, or any other area or aspect of the Services. Examples of disruptive behavior include, but are not limited to, conduct which interferes with the normal flow of chat or dialogue within a Service, vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [i.e., all text in capitals] in an attempt to disturb other users, “spamming” or flooding [i.e., posting repetitive text], commercial postings, solicitations and advertisements, posting advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
      • Attempt to get a password, Account information, or other private information from anyone else. As a reminder, Ride Share Drivers’ Association of Australia employees will never ask You to reveal Your password.

Ride Share Drivers’ Association of Australia may report certain incidents to law enforcement and other authorities, including, but not limited to, disclosing Account information, in the good faith belief that it is required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when it deems it necessary or appropriate to disclose certain information to law enforcement and other authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of these Terms of Service and/or Supplementary Terms; to respond to any claims; or to protect the rights, property, or personal safety of Ride Share Drivers’ Association of Australia, its customers, or the public.

Unless otherwise specified, there is no requirement or expectation that Ride Share Drivers’ Association of Australia will monitor or record any online activity on the Services. Ride Share Drivers’ Association of Australia reserves the right, but is under no obligation to monitor communications within, through or across the Services, such as, but not limited to, in Facebook posts or on forums. Ride Share Drivers’ Association of Australia also reserves the right to access and/or record any online activity on the Services, and You give Ride Share Drivers’ Association of Australia Your express consent to access and record Your activities. This includes, but is not limited to, Your consent to access, record, and turn over any online activity where Ride Share Drivers’ Association of Australia believes that disclosure is necessary to comply with the law, to combat fraud and/or to comply with a judicial proceeding, court order, or legal process served on Ride Share Drivers’ Association of Australia or to comply with an order from a government entity or other competent authority, or when Ride Share Drivers’ Association of Australia has reason to believe that a disclosure is necessary to address potential or actual injury or interference with Ride Share Drivers’ Association of Australia’, Your, or another user’s rights, property, or operations, or to protect others who may be harmed or may suffer loss or damage.

You agree that in its sole discretion and without notice, Ride Share Drivers’ Association of Australia may remove Content from any Service, take whatever steps it deems necessary to abridge or prevent behavior of any sort in Services, including, but not limited to, in any Facebook Group(s). Subject to the Statutory Obligations (as defined in Section 1), Ride Share Drivers’ Association of Australia has no liability for Your or any third party’s violation of these Terms of Service.

If You encounter another user who is violating a code of conduct, please report this activity to Ride Share Drivers’ Association of Australia by contacting RSDAA Admin at admin@rsdaa.org.au.

  1. Your Use of the Services

You further agree not to access, create, or provide any other means through which the Services, including, but not limited to, any Forum(s), may be used or accessed by others, such as through authenticated iframes.

You may not participate, take part in, initiate, or engage in actions that impose an unreasonable or disproportionate load on the infrastructure hosting the Forum(s) and/or Services.

You acknowledge that You do not have the right to create, publish, distribute, or create derivative works from Content, except as authorized in writing by an authorized Ride Share Drivers’ Association of Australia representative. You may use the Service to the extent expressly permitted by these Terms of Servic.

Please note that ANY violation of these terms of service may constitute civil wrongs and/or criminal offenses and Ride Share Drivers’ Association of Australia reserves the right to take such action as Ride Share Drivers’ Association of Australia in its sole discretion deems appropriate in the circumstances.

Ride Share Drivers’ Association of Australia in its sole discretion may implement various forms of filtering, blocking, or monitoring of IP addresses, MAC addresses or proxies used to use the Services, including without limitation blocking or filtering measures that restrict Your ability to use or access the Services. Ride Share Drivers’ Association of Australia in its sole discretion may restrict access or certain features or Services to any person, territories or geographic areas.

  1. Third Party Sites and Products

Services may be linked to unaffiliated third-party websites or applications, such as social networking, blogging and other third-party websites (collectively, “Third-Party Sites”). Some of these Third-Party Sites permit You to log in using their existing account and credentials. Certain Services may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities in connection with the Services to be shared with Your contacts in Your Third-Party Site account. In certain situations, You may be transferred to a Third Party Site through a link but it may appear that You are still using the Services. These Third Party Sites might require You to comply with the terms and conditions, user’s guides and privacy policies of such Third Party Sites.

Some of these web sites may charge separate fees, which are not included in any subscription, membership or other fees that You may pay under these Terms of Service. Any separate charges or obligations that You incur in Your dealings with third parties and Third Party Sites are Your responsibility and may subject You to additional or different terms and restrictions. You are always responsible for any internet service provider, telephone, wireless and other connection fees that You may incur when using any Services.

Ride Share Drivers’ Association of Australia provides access to the Third Party Sites to You as a convenience, and Ride Share Drivers’ Association of Australia does not verify, make any representations or warranties or take responsibility for any such Third Party Sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), YOU AGREE THAT RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY SITES OR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OFFERED BY THIRD PARTIES THROUGH RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA OR ANY THIRD PARTY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF THIRD PARTY SITES OR GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OF THIRD-PARTIES.

This Section 9 shall survive the termination of these Terms of Service.

  1. Disclaimer of Warranty

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA, ITS LICENSORS AND RESELLERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. EACH SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION OR MEMBERSHIP TO THE SERVICE. AS NOTED IN THESE TERMS OF SERVICE, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION OR MEMBERSHIP TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1) REQUIRES A REFUND BE GIVEN.

IN SOME COUNTRIES, INCLUDING THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA AND NEW ZEALAND, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.

THE FOLLOWING PROVISIONS OF THIS SECTION 10 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).

NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

IN STATES OR JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE DURATION OF ANY SUCH WARRANTY THAT MAY NOT BE DISCLAIMED SHALL BE FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW.

THIS SECTION 10 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE .

  1. Limitation of Liability; Limited Remedies
  2. General Information. THE LAWS IN MANY JURISDICTIONS ALLOW RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA TO LIMIT ITS LIABILITY FOR DAMAGES. THIS SECTION LIMITS THE LIABILITY OF RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA, ITS LICENSORS AND RESELLERS. HOWEVER, THIS SECTION 11 ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA, ITS LICENSORS AND RESELLERS TO LIMIT ITS/THEIR LIABILITY IN CERTAIN CIRCUMSTANCES, THEN THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO THOSE CIRCUMSTANCES.

IF YOU ARE RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, THE FOLLOWING PROVISIONS OF THIS SECTION 11 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).

  1. Limited Remedy. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA OR ITS LICENSORS OR RESELLERS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY SERVICE IS TO STOP USING OR ACCESSING THE SERVICE AND CANCEL YOUR ACCOUNT, SUBSCRIPTION OR MEMBERSHIP. C. No Liability for Conduct, Communications or Content. YOU AGREE THAT RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES. D. Liability Cap. IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA OR ITS AFFILIATES, LICENSORS, LICENSEE, content providers, AND distributors/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, “RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA AFFILIATES”) FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR USE OF ANY SERVICE EXCEED AUD$100.00. E. Direct Damages. SUBJECT TO SECTION 12(D) ABOVE, RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA’ FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA’ BREACH OF ANY DUTIES IMPOSED ON RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA BY LAW (INCLUDING, BUT NOT LIMITED TO, IF RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA CAUSES DEATH OR PERSONAL INJURY BY RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA’S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO:∙(A) YOUR OWN FAULT;∙(B) A THIRD PARTY UNCONNECTED WITH RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA’ PERFORMANCE OF THESE TERMS OF SERVICE (FOR INSTANCE PROBLEMS DUE TO OTHER USERS OF THE SERVICES, COMMUNICATIONS NETWORK PERFORMANCE, CONGESTION, AND CONNECTIVITY OR THE PERFORMANCE OF YOUR COMPUTER EQUIPMENT); OR (C) ANY OTHER EVENTS WHICH NEITHER RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA, RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA AFFILIATES, OR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA OR THEY HAD TAKEN REASONABLE CARE. AS THE SERVICES ARE FOR CONSUMER USE ONLY, RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA AND RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA AFFILIATES WILL NOT BE LIABLE FOR ANY BUSINESS OR COMMERCIAL LOSSES OF ANY KIND OR NATURE, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.

OTHER THAN AS PROVIDED IN THE FOREGOING PARAGRAPH AND CONSISTENT THEREWITH, RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA, RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA AFFILIATES, ITS LICENSORS AND RESELLERS WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.

  1. Application. THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.

THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.

  1. Indemnification/Reimbursement

If (i) You misuse any Service or breach these Terms of Service; (ii) You improperly or illegally use a Service or Your Account, including without limitation, the use of Your Account by anyone other than Yourself; or (iii) any contributions, actions or omissions by You in connection with Your use of Services, including without limitation any UGC You contribute, results in Ride Share Drivers’ Association of Australia incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then You agree to reimburse Ride Share Drivers’ Association of Australia and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses.

If a third party sues Ride Share Drivers’ Association of Australia for any of Section 12 (i) – (iii) above, Ride Share Drivers’ Association of Australia reserves the right to control the defense and settlement of such third party lawsuit, and You agree to reimburse Ride Share Drivers’ Association of Australia for the cost of the defense, including, but not limited to, reasonable and documented attorneys’ fees.

This Section 12 shall survive any termination of these Terms of Service.

  1. Termination of Your Account by Ride Share Drivers’ Association of Australia

Subject to the Statutory Obligations (as defined in Section 1), Ride Share Drivers’ Association of Australia reserves the right to restrict, suspend or terminate these Terms of Service and Your Account as provided in these Terms of Service including without limitation restricting, suspending or terminating any licenses, and/or access to one or more of the Services.

In addition, Ride Share Drivers’ Association of Australia reserves the right to restrict, suspend or terminate these Terms of Service and Your Account immediately and without notice to You if (i) You breach these Terms of Service, (ii) infringe or violate any third party rights, including without limitation third party intellectual rights, (iii) if Ride Share Drivers’ Association of Australia is unable to verify or authenticate any information You provide to Ride Share Drivers’ Association of Australia, or (iv) upon Your use of Services, for any other activity whatsoever that is, in Ride Share Drivers’ Association of Australia’ sole discretion, unlawful, inappropriate and/or in violation of the spirit of these Terms of Service or a Service, including without limitation Your actions in a Facebook Group(s) or forums.

Upon Ride Share Drivers’ Association of Australia’ decision to restrict, suspend, or terminate these Terms of Service, You will lose access to Your Account.

  1. Dispute Resolution, Arbitration and Class Action Waiver

If You reside in the EEA/Switzerland/Australia/New Zealand, then only this first paragraph of this Section 14 will apply to You. Ride Share Drivers’ Association of Australia will try and solve any disagreements that arise between You and Ride Share Drivers’ Association of Australia promptly and efficiently. You and Ride Share Drivers’ Association of Australia may agree to refer any disputed matter to resolution proceedings other than in a court but You and Ride Share Drivers’ Association of Australia are not restricted from bringing court proceedings at any time.

If You reside outside the EEA/Switzerland/Australia/New Zealand, then the terms below in this Section 14 apply to You.

This Section 14 facilitates the prompt and efficient resolution of any disputes that may arise between You and Ride Share Drivers’ Association of Australia. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Section 14 (as explained below), which means You would retain Your right to file a lawsuit and litigate Your disputes in a court, either before a judge or jury. Certain of the terms below in this Section reference “class actions” or “other collective disputes or representative actions.” If You reside in a jurisdiction that does not permit class actions or other collective disputes or representative actions, such terms will not apply to You.

Please read this Section 14 carefully. It provides that all Disputes (defined below) between You and Ride Share Drivers’ Association of Australia shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions, collective actions or representative actions). Except as otherwise expressly provided in this Section 14 or applicable law, entering into these Terms of Service constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court (including, but not limited to, attorneys’ fees). The arbitrator may not award damages disclaimed by these Terms of Service.

For the purpose of this Section 14, “Ride Share Drivers’ Association of Australia” collectively refers to Ride Share Drivers’ Association of Australia, its subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and Ride Share Drivers’ Association of Australia regarding or related to any aspect of Your relationship with Ride Share Drivers’ Association of Australia, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes, but not limited to, the validity, enforceability or scope of this Section 14 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT OR IN ANY OTHER PROCEEDING IN ACCORDANCE WITH THIS SECTION 14.

  1. Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, You must first give Ride Share Drivers’ Association of Australia an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Ride Share Drivers’ Association of Australia Inc., Attn: Legal Dep’t, 2 Tambourine Place, Narangba, QLD 4504 Australia. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Dispute, and (4) a description of the specific relief You seek. If Ride Share Drivers’ Association of Australia does not resolve the Dispute to your satisfaction within forty-five (45) days after receipt of Your written notification, You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.B. Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, You or Ride Share Drivers’ Association of Australia may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt-Out Deadline”). You may opt out by mailing written notification to Ride Share Drivers’ Association of Australia, Attn: Legal Dep’t, 2 Tambourine Place, Narangba, QLD 4504 Australia. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on Your relationship with Ride Share Drivers’ Association of Australia. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court.
      1. Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either You or Ride Share Drivers’ Association of Australia may initiate arbitration proceedings. If You reside in North America, the American Arbitration Association (“AAA”), www.adr.org, will arbitrate all Disputes. If You do not reside in North America, the International Centre for Dispute Resolution (“ICDR”), www.icdr.org, will arbitrate all Disputes. The arbitration taking place before the ICDR will be conducted in English before a single arbitrator. In either case, the arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. The arbitrator shall have the exclusive authority to decide all issues with respect to Section 14, including, but not limited to whether any particular claim asserted by You or Ride Share Drivers’ Association of Australia falls within the scope of this Section 14 and any alleged ambiguities in this Section 14.
      2. In Disputes before the AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply for Disputes of less than $75,000, the AAA’s Commercial Arbitration Rules will apply for Disputes involving $75,000 or more, and in either instance the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The ICDR’s rules will apply to Disputes before that entity. AAA and ICDR rules are available at www.adr.org and www.icdr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules of the AAA or ICDR. Based on the class action waiver set forth in subsection 14(B)(vii) below, under no circumstances will class action procedures or rules apply to the arbitration.
      3. Because the Services and these Terms of Service concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
      4. Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and these Terms of Service, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
      5. Location of Arbitration. If You reside in Australia, You or Ride Share Drivers’ Association of Australia may initiate arbitration in either Brisbane, Queensland, Australia or the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution. In the event that You select the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution, Ride Share Drivers’ Association of Australia may transfer the arbitration to Brisbane, Queensland, Australia in the event that it agrees to pay any additional fees or costs You incur as a result of the transfer, as determined by the arbitrator. If You do not reside in Australia, the arbitration shall take place in London, England or Los Angeles, California, USA as requested by You.
      6. Payment of Arbitration Fees and Costs. Ride Share Drivers’ Association of Australia will pay all arbitration filing fees and arbitrator’s costs and expenses upon Your written request given prior to the commencement of the arbitration or as otherwise required by applicable law. You are responsible for all additional fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if You provide notice and negotiate in good faith with Ride Share Drivers’ Association of Australia as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
      7. Class Action Waiver. Any arbitration proceedings initiated pursuant to this Section 14 will be conducted only on an individual basis and not in a class, collective, consolidated or representative action or as a member of a class, collective, consolidated or representative action. If You choose to pursue Your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
  1. Jury Waiver. You understand and agree that by entering into these Terms of Service You and Ride Share Drivers’ Association of Australia are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section 14, You and Ride Share Drivers’ Association of Australia might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.D. Severability. If any clause within this Section 14 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 14, and the remainder of this Section 14 will be given full force and effect. Notwithstanding the foregoing sentence, if the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 14 will be unenforceable and the Dispute will be decided by a court.

    E. Continuation. This Section 14 shall survive the termination of these Terms of Service and Your use of the Services.

  2. Unsolicited Materials

Ride Share Drivers’ Association of Australia has an established policy not to accept or consider any unsolicited material, ideas or suggestions of any nature whatsoever. Please do not send us any unsolicited materials, as they will not be considered by anyone at Ride Share Drivers’ Association of Australia. Any unsolicited materials sent will be treated as non-confidential, and Ride Share Drivers’ Association of Australia will not be liable for any use or disclosure of such unsolicited material.

If You do send any creative materials, including, but not limited to, feedback, creative suggestions, error corrections, ideas, notes, data, or other Content that is not, transmitted via the Services, websites, Australia Postal Service, Fed-Ex, mail, electronic mail or otherwise (collectively “Information”), such creative materials and communications shall to the fullest extent permitted by law be deemed to be the property of Ride Share Drivers’ Association of Australia and You hereby assign and agree to assign to Ride Share Drivers’ Association of Australia full and unfettered ownership of all such Information. None of the Information shall be subject to any obligation of confidentiality on the part of Ride Share Drivers’ Association of Australia and Ride Share Drivers’ Association of Australia shall not be liable to You for any use or disclosure of any Information. Ride Share Drivers’ Association of Australia shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and on any media, and shall be entitled to unrestricted use and exploitation of the Information for any purpose whatsoever, commercial or otherwise, without compensation to, or approval by, You.

  1. Intellectual Property Infringement

Ride Share Drivers’ Association of Australia respects the intellectual property rights of others, and requires that those who use its Services do the same. Ride Share Drivers’ Association of Australia will terminate the Account of any user who is responsible for any or repeated acts of intellectual property infringement. You may not, and by using the Services You agree not to, use the Services to transmit material: (i) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of these Terms of Service, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.

If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent named below (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate Content quickly.
      • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
      • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Ride Share Drivers’ Association of Australia
2 Tambourine Pace
Narangba, Queensland, Australia 4504
Attn: Legal Department
Email: admin@rsdaa.org.au

If You believe that any Content appearing on the Services has been used in a way that constitutes an infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.

Ride Share Drivers’ Association of Australia will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that Ride Share Drivers’ Association of Australia has received. If You receive such notice from Ride Share Drivers’ Association of Australia, You may provide Ride Share Drivers’ Association of Australia with a counter-notification in writing to Ride Share Drivers’ Association of Australia’ designated agent that includes all of the following information:

      • Your physical or electronic signature;
      • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
      • A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
      • Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Ride Share Drivers’ Association of Australia may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Ride Share Drivers’ Association of Australia may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.

  1. General Terms
  2. No Third Parties Have Rights or Remedies.. You agree that these Terms of Service (including without limitation the Supplementary Terms) and Ride Share Drivers’ Association of Australia’ enforcement of these Terms of Service, are not intended to confer and do not confer any rights or remedies upon any person other than You and Ride Share Drivers’ Association of Australia.B. Severability.. Except as specifically provided in Section 14 above, if any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of these Terms of Service shall remain in full force and effect.

    C. Waiver. The failure of Ride Share Drivers’ Association of Australia to exercise or enforce any right or provision of these Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if expressly acknowledged in a writing signed by Ride Share Drivers’ Association of Australia.

    D. Governing Law.

      1. For residents of Australia, these Terms of Service and all Disputes (as defined in Section 14 above) shall be governed by the laws of the State of Queensland, Australia, excluding its conflicts of laws rules and principles that would result in another State or country’s laws applying to these Terms of Service or any Disputes.
      2. If You reside outside of Australia, then these Terms of Service and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country’s laws applying to these Terms of Service or any Disputes.
  1. Entire Agreement

These Terms of Service (including, without limitation, the Ride Share Drivers’ Association of Australia Privacy Policy and other Supplemental Terms) constitute the entire agreement between You and Ride Share Drivers’ Association of Australia relating to the Services. These Terms of Service supersede any prior or contemporaneous understanding, representations or other agreement, written or verbal regarding the subject matter of these Terms of Service.

If there is any direct conflict between specific terms and conditions in these Terms of Service, a EULA and any Supplemental Terms for a particular Service, the terms and conditions shall govern Your use and access of that Service in the following order of precedence:

(A) with respect to any Services (subject to (A) above): (i) these Terms of Service; (ii) the Privacy Policy; and (iii) the applicable Code of Conduct (if any). Ride Share Drivers’ Association of Australia will be the final and sole arbiter of any interpretation of any inconsistencies.

  1. Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, please note that (a) Ride Share Drivers’ Association of Australia is located at 2 Tambourine Place, Narangba, QLD 4504, (b) the fees and charges for Services vary depending on the services selected by You, and (c) if You have a complaint regarding any Services or desire further information on use of any Services, email RSDAA Site Admin at admin@rsdaa.org.au. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Notice to EEA/Swiss Residents

If you are an EEA/Swiss customer purchasing Services or Content from Ride Share Drivers’ Association of Australia which are not immediately digitally delivered to you, you will have the right to cancel your agreement to purchase them within fourteen (14) days without giving any reason. The cancellation period will expire fourteen (14) days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform Ride Share Drivers’ Association of Australia Customer Services by mail at Ride Share Drivers’ Association of Australia, 2 Tambourine Place, Narangba, QLD 4504, Australia; or by email at admin@rsdaa.org.au of your decision to cancel the agreement by a clear statement (e.g. by a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send the communication concerning your cancellation before the cancellation period has expired. If you cancel the agreement, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and not later than fourteen (14) days after the day on which we are informed about your decision to cancel the agreement. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly instructed us otherwise. In any event, you will not incur any fees as a result of the reimbursement. This withdrawal right is in addition to your other consumer rights. VERY IMPORTANT NOTE: If you are an EEA/Swiss customer purchasing Services or Content from Ride Share Drivers’ Association of Australia which are immediately digitally delivered to you, you will be asked to consent to immediate performance of your agreement to purchase them and to agree that you will thereby lose your above right of withdrawal.

Bookmark rsdaa.org.au/terms-service and visit this site regularly for updates to Ride Share Drivers’ Association of Australia Terms of Service.

Last updated November 12, 2018

© 2018 RIDE SHARE DRIVERS’ ASSOCIATION OF AUSTRALIA, TRADEMARKS BELONG TO THEIR RESPECTIVE OWNERS. ALL RIGHTS RESERVED.