Terms & Conditions

TERMS & CONDITIONS OF CARRIAGE AND CANCELLATIONS

1.RECITALS

1.1. Terms ‘Company’ and ‘WeDrive Australia’ refer to WeDrive Australia Pty Ltd.,

1.2. Term ‘Services’ refer to designated driver service offered to hirers by the Company

1.3. Term ‘Customer’, ‘Client’ or ‘Customers’, ‘Clients’ refer to the hirer/s of WeDrive Australia Services, which may refer to an individual or a business entity

2. ACCEPTANCE

2.1. Carriage and Cancellation policy terms and conditions are deemed to have been accepted in any one of the following situations.

2.1.1. Submitting a booking online (Using a web browser or WeDrive Australia Android or IOS app)

2.1.2. Providing debit/credit card information over the phone to a staff member by calling 1300 933 748

2.1.3. Making a prepayment for a forward booking via electronic banking

2.1.4. Replying to an SMS Quote in a way that implies acceptance (i.e., OK, YES, BOOK)

2.1.5. Verbal instructions, handing over car keys or any gesture symbolising an invitation to commence a journey to a designated driver

2.1.6. In pre-approved post-pay circumstances; providing name, mobile phone number and pickup location over the phone

3. FORMAL COMMUNICATION CHANNELS

3.1. Information communicated to WeDrive Australia, including but not limited to bookings, rescheduling, changes to conditions of carriage, cancellations or declaration of incidents must be made to WeDrive Australia by means of a phone call to 1300 933 748 (a voicemail message is an acceptable proof of communication), email to [email protected], SMS to 0448 483 459 or by using the ‘Cancel my Booking’ radio button on the WeDrive Australia App

3.2. Direct communication to a driver by a Customer must be made by means of a message within the WeDrive Australia App ONLY to be accepted as a proof of communication. A direct SMS or call to the driver is NOT accepted as a proof of communication as this form of communication does not comply with WeDrive Australia’s Privacy Policy.

3.3. All bookings and changes are formally acknowledged by WeDrive Australia by means of a text message to the customer (if made via the operator or a driver). Customers will receive a text message from 0448 483 459 for all valid bookings and changes.

3.4. Website and APP bookings and changes are automatically validated by within respective environment

4. IDENTITY VERIFICATION

4.1. To ensure the safety of our drivers, clients may be required to present a proof of ID before departure

4.2. We may request vehicle details such as make, model, colour and registration for vehicle identification purposes

4.3. A booking for ‘CAR ONLY’ pickup i.e. journey made without the customer, must include the vehicle details such as make, model, colour and registration for vehicle identification purposes.

5. PAYMENTS & BILLING

5.1. All personal journeys must be prepaid using an authorised debit or credit card

5.2. Cash payments are only accepted in exceptional circumstances and by prior arrangement with WeDrive Australia by calling 1300 933 748

5.3. All major debit and credit cards are accepted (AMEX, Visa, Mastercard)

5.4. Payments are securely processed by PayPal

5.5. Pre-purchased WeDrive Australia gift cards, travel and discount vouchers are accepted in lieu of card or cash payments. The discount codes as displayed on travel and discount voucher or gift card must be provided at the time of the booking.

5.6. Corporate account payments must be made by electronic transfer to WeDrive Melbourne bank account within 3 days of issuance of invoice, unless other agreements are in place

5.7. Tax Receipts are emailed upon payment processing to a designated valid email address

5.8. All charges include 10% GST

6. VEHICLE REGISTRATION, ROADWORTHINESS & BREAKDOWNS

6.1. Vehicle to be driven by the designated driver must have current registration (in any Australian State or Territory) and be in roadworthy condition

6.2. Our driver may refuse to operate a vehicle that is in unroadworthy condition and may also check for registration status. If the vehicle found to be unregistered and/or unroadworthy, we will not be able to accept the booking and full fare will be charged

6.3. In the event of breakdown of a client’s vehicle, the client will still be liable to pay the full fare. Waiting charges may also apply in addition to the full fare if the driver is retained by the client

6.4. Drivers are unable to provide technical or mechanical services in breakdowns, however they will not leave the vehicle and/or client/s unless requested by the client/s (Waiting time charges will accrue)

7. CHANGES & CANCELLATIONS

7.1. You may request to change your pickup time by either cancelling your booking on the WeDrive Australia App and cloning your booking with the amended time or by calling the operator on 1300 933 748, at least 2 hours before the earliest requested pickup time.

7.2. While we endeavour to offer flexibility of service to our customers, changes to a pickup time are always subject to driver availability.

7.3. Once a journey has commenced, on request of clients, our drivers will accept changes to the route and such changes will be entered in the WeDrive Australia App by the driver as soon as possible and before the job is completed. (Additional cost may occur)

7.4. Route changes and delays due to additional stopovers (such as for refuelling, meal breaks, dropping off/ picking up other passengers) will result in additional costs based on time, and clients are liable for immediate payment of such additional costs.

7.5. Our drivers commit to every job they are assigned to. Consequently and in order to offer the best service to all our customers cancellations must be made at least 2 hours prior to pickup time,

7.6. Full fare charge is applicable for cancellations within 1 hour from booked pickup time

7.7. Cancellation of bookings made more than 1 hour but less than 2 hours prior to pickup time incur an administration charge of 50% of the fare.

7.8. Cancellation of bookings made more than 2 hours but less than 12 hours prior to pickup time incur an administration charge of$10 or 10% of the fare, whichever is the highest.

7.9. 24 hours cancellation notice applies to all public holidays and special events such as Major Spring Racing Carnival events, AFL Finals games and bookings for pickups made outside of the service Metropolitan Region.

7.10. Cancellation notice can be made via our WeDrive App or by means of call to 1300 933 748 (voicemail message is accepted as a valid form of communication), email to [email protected] or SMS to 0448 483 459.

7.11. Cancellation notices communicated directly to drivers are not accepted by WeDrive Australia Pty Ltd and full fare or administration fees may be charged.

8. DELAYS & WAITING CHARGES

8.1. All our drivers are always doing their best to arrive at your requested pickup time. However, WeDrive Australia cannot be held responsible for delays outside of our direct control such as road traffic, and health hazards.

8.2. A 10 minute grace period is applied from the booking time or the time a driver arrives at a pickup location and notifies the customer. Thereafter a waiting charge of $1 per minute accrues.

9. INSURANCE & FINES

9.1. WeDrive Australia carries a $20,000,000 public liability insurance.

9.2. Driving Insurance

9.2.1. Third Party at Fault

Claims are made on Client’s insurance policy. WeDrive Australia or its drivers will not be liable for any repair/ replacement costs.

9.2.2. Designated Driver at Fault

WeDrive Australia PTY LTD carries a fully comprehensive motor driving risk insurance policy, which covers damage to or replacement of your car up to a value of $75,000. If the cost of repair or replacement of the car is greater than $75,000, WeDrive Australia Pty Ltd will pay Client’s insurance policy excess up to the value of $1,500.00 or pay a reasonable amount for minor damages, direct to an accredited repairer up to $1,500.00. WeDrive Australia PTY LTD may involve services of an independent and qualified Motor Loss Assessor in determining such repair costs at its own discretion.

9.2.3. Uninsured Vehicles

WeDrive Australia PTY LTD or its drivers will not be liable for any repair/ replacement costs.

9.2.4. Limitations

All journeys and changes to routes must be recorded in WeDrive Australia Booking System and booking acknowledgements are advised to customers (through formal communications channels) in order to be covered by WeDrive Australia insurance policy

9.3. TRAFFIC FINES

9.3.1. Our drivers are bound by the laws governing road rules. Any traffic infringements such as speeding or red light camera offenses will be assumed personally by the designated driver.

9.3.2. Fines arising due to operating an unregistered and/or unroadworthy vehicle While we may undertake vehicle registration checks and make fair assessments about roadworthiness of a vehicle, it is not feasible to conduct such checks in every instance. Therefore it is assumed that a vehicle assigned to be driven by us is currently registered and in roadworthy condition. Any and all fines/ charges incurred by a driver arising due to operating an unregistered and/or unroadworthy vehicle will be passed on to the Customer, and we may deduct such fines and charges from the Customer’s credit/ debit cards.

A Note about our drivers & Insurance Policy and Excess cover

As per our insurance policy requirements, all our designated drivers are over the age of 30 and with minimum 10 years driving experience, in which minimum 5 years in Australia with clean insurance records without any ‘at-fault’ claims in the past 5 years (as minimum).

10. PRIVACY & RETENTION OF INFORMATION

10.1. We do not share, sell or disclose any of personal, payment and journey information to any third party unless required by the law

10.2. Calls to 1300 933 748 may be recorded for training and verification purposes

10.3. By default, PayPal payment processing facility will retain clients Credit/ Debit card details. However, these details are no longer accessible by staff once entered in our payment gateway system.

11. ACCEPTABLE USE OF WEDRIVE AUSTRALIA COMMUNICATION CHANNELS AND APP OPERATING SERVICES

Your use of our Service is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by WeDrive Australia or in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our Acceptable Use Policy at any time, and pursuant to the WeDrive Australia Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.

12. PROHIBITED CONTENT

The Content displayed and/or processed by the customer through WeDrive Australia Application or through other means of communication (such as phone calls, SMS, emails, verbal communication) to our staff, contractors or management team whilst utilising the Service shall not contain any of the following types of content:

12.1.Content that infringes a third party's rights (e.g., copyright) according to applicable law;

12.2.Excessively profane content;

12.3.Hate-related or violent content;

12.4.Content advocating racial or ethnic intolerance;

12.5.Content intended to advocate or advance computer hacking or cracking;

12.6. Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

13. PROHIBITED ACTIONS

In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your End Users, to:

13.1.Generate or facilitate unsolicited commercial email ("spam") sent to WeDrive Australia email accounts. Such activity includes, but is not limited to:

13.1.2 Send email in violation of any applicable anti-spam law;

13.1.3.ImitatE or impersonatE another person or his, her, its account or his, her,its email address, or creating false accounts for the purpose of sending spam or using WeDrive Australia’s service without the explicit consent of the WeDrive Australia account or email account holder;

13.1.4. Send unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

13.1.5. Send or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content

13.1.6. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

13.1.7. Transmit content that may be harmful to minors;

13.1.8. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email as a Wedrive Australia customer account holder;

13.1.9. Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;

13.1.10. Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;

13.1.11. Promote or encourage illegal activity;

13.1.12. Interfere with other users' enjoyment of WeDrive Australia Service;

13.1.13. Sell, trade, resell or otherwise exploit WeDrive Australia Service for any unauthorized commercial purpose;

13.1.14. any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;

13.1.15. Modify the WeDrive Australia logo or any other WeDrive Australia Marks; or

13.1.16. Use the Service, or any interfaces provided with the Service, to access any WeDrive Australia product or service in a manner that violates the Terms or other terms and conditions for use of such WeDrive Australia product or service.

14. QUOTA & LIMITS

To help guarantee and maintain your privacy and cost effective delivery of the service, WeDrive Australia has certain soft and hard limits in using its communication service via the WeDrive Australia App. Hard limits are automatically enforced by the Service. Soft limits are consumable resources that you agree not to exceed.

At some point we will introduce additional charges for those users whose Apps generate large amounts of traffic charges above the quotas specified below. These charges will be fair and reasonable in any case and they will be clearly set out on this page.

Phone calls to driver through WeDrive Australia App shall not exceed the reasonable duration of three (3) minutes and shall not be made more than three (3) times in the course of a single booking delivery.

These phone calls shall not be made for any other purpose than to facilitate the speedy delivery of the service.

Phones calls exceeding the here above quota will be charge at the rate of $0.35/minute pro-rata with a minimum charge of $0.35 per exceeding call.

15. CORPORATE CLUB ADDITIONAL TERMS & CONDITIONS

15.1. Payments and invoices

15.1.1. The Corporate account holder must provide details of at least one and up to three Credit Cards (AMEX, Mastercard or Visa) through our secure Braintree Payment Gateway to register a corporate account.

15.1.2. The preferred or default Corporate account credit card must at all times be in-date and carry sufficient fund to allow the mandatory prepayment and if required, post-payment of a booking.

15.1.3. All Corporate account payments will be made by default through the primary central Credit Card (AMEX, Mastercard or Visa) unless advised otherwise in writing by email to [email protected] .

15.1.4. Only the Corporate account holder or their designated representative can request to prepay a journey by electronic transfer. However, by choosing this method of payment, you understand and accept that:

15.1.4.1 This method of payment will incur $10 or 10% administration charges to the quoted amount, whichever is the highest.

15.1.4.2. The Corporate account holder and/or their representative need to inform our Corporate account representative by email to [email protected] prior to placing a booking for the journey.

15.1.4.3. The electronic bank transfer will reach WeDrive Australia bank account at least 24 hours prior to the journey’s departure date and time.

15.1.4.4. The preferred or default Corporate account credit card is still in-date and carries sufficient fund at the time of the journey to cater for any change to your conditions of carriage.

15.1.4.5. Any change to the conditions of carriage of a booking prepaid by means of electronic bank transfer will be debited at the end of the journey from your preferred or default Corporate account central credit card.

15.1.5. Invoices for journeys of the Corporate account holder and their nominated Corporate account members will only be emailed to the Corporate account representative.

15.1.6. A copy of the invoice can be emailed from time to time to the Corporate account holder upon request.(Regular request will incur small administration charge of $10 per invoice)

15.2. Conditions for the self-management of the Corporate account portal

15.2.1. WeDrive Australia will only register one representative per Corporate account.

15.2.2. The Corporate account representative will be nominated by the Corporate account holder at the time of registration.

15.2.3. All nominated Corporate account members will only be created and validated by the Corporate account holder or by their representative through the self-management portal.

15.2.4. Access to the Corporate account self-management portal is only provided to the account holder and their representative by means of secure login credentials, which will be emailed by [email protected] to both Corporate account holder’s and their representative’s Corporate Organisation or Company email accounts.

15.2.5. WeDrive Australia does not accept responsibility for issues resulting from the mismanagement* of the Corporate account portal by the Corporate account holder or their representative.

* The term `mismanagement’ includes but is not limited to:

15.2.5.1. Error(s) in completing nominated members’ mandatory fields i.e. name, position, mobile number, car details, which may affect the smooth delivery of their future booking(s) and result in potential delays, cancellations and/or additional charges.

15.2.5.2 Erroneous validation or invalidation of nominated Corporate account members.

15.2.5.3 Accidental loss or voluntary share of the Corporate account self-management portal login credential details.

15.2.5.4 Error(s) in placing an online booking or providing incorrect details to our operator(s) over the phone by or on behalf of the Corporate account holder or the nominated Corporate account members, which may result in delays, cancellations and/or additional charges.

15.3. Obligations for the self-management of the Corporate account portal.

15.3.1. A permanent or temporary replacement of the Corporate account representative must be notified by email to [email protected] and approved by WeDrive Australia prior to the date and time of their replacement.

15.3.2. The Corporate account holder must be a registered Director of the Corporate Organisation or Company.

15.3.3. The Corporate account representative must be an employee of the Corporate account Organisation or Company.

15.3.4. All nominated Corporate account members must either be:

15.5.4.1. Employees of the Corporate Organisation or Company.

15.3.4.2. Affiliated to the Corporate Organisation or Company as registered Stake Shareholders or Owner.

15.3.4.3. Family members of the Corporate Organisation or Company Director(s), Stake Shareholder(s) or Owner(s) and approved by the Corporate Account holder.

15.4. General obligations for the Corporate account holder, their representative and all nominated Corporate account members.

15.4.1. WeDrive Australia highly values your custom and takes every complaint very seriously.

15.4.2. The account holder, their representative and all nominated Corporate account members also agree to comply with WeDrive Australia General Terms and Conditions.

15.4.3. Failure to comply with the stated above WeDrive Australia Terms and Conditions may result in the temporary invalidation or permanent removal of a nominated Corporate account member, the Corporate account representative, and/or if deemed necessary by WeDrive Australia Executive Team, the immediate termination of the Corporate account.

16. VIP CLUB ADDITIONAL TERMS & CONDITIONS

16.1 Membership fee

16.1.1. A membership fee of $99 per nominated user will be debited monthly from your preferred credit card stored in our secured Braintree payment gateway.

16.2. Payments and invoices

16.2.1. The VIP Club account holder must provide details of at least one and up to three Credit Cards (AMEX, Mastercard or Visa) through our secure Braintree Payment Gateway to register a VIP Club account.

16.2.2. The preferred or default VIP Club account credit card must at all times be in-date and carry sufficient fund to allow the mandatory prepayment and if required, post-payment of a booking.

16.2.3. All VIP Club account payments will be made by default through the primary central Credit Card (AMEX, Mastercard or Visa) unless advised otherwise in writing by email to [email protected]

16.2.4. Only the VIP Club account holder or their designated representative can request to prepay a journey by electronic transfer. However, by choosing this method of payment, you understand and accept that:

16.2.4.1. This method of payment will incur $10 or 10% administration charges to the quoted amount, whichever is the highest.

16.2.4.2.. you or your representative need to inform and gain approval and WeDrive Australia bank account details from our VIP Club account representative by email to [email protected] prior to booking the journey.

16.2.4.3. the electronic bank transfer will reach WeDrive Australia bank account at least 24 hours prior to the journey’s departure date and time.

16.2.4.4. the preferred or default VIP Club account credit card is still in-date and carries sufficient fund at the time of a journey to cater for any change to your conditions of carriage.

16.2.4.5. Any change to the conditions of carriage of a booking prepaid by means of electronic bank transfer will be debited at the end of the journey from your preferred or default VIP Club account credit card.

16.2.4.6. Invoices for journeys of the VIP Club account holder will only be emailed to the corporate account representative.

16.2.4.7. A copy of the invoice can be emailed to the VIP Club account holder upon request. Small additional administration charges may apply.

16.3. Conditions for the self-management of the VIP Club account

16.3.1. VIP Club membership incurs a minimum monthly fee of $99 debited from the VIP Club member’s nominated credit card on the 1st day of each month.

16.3.2. WeDrive Australia will only register one representative per VIP Club account.

16.3.3. The VIP Club account representative will be nominated by the VIP account holder at the time of registration.

16.3.4. All nominated VIP Club account family members will only be created and validated by the VIP Club account holder or by their representative through the self-management portal.

16.3.5. Access to the VIP Club account self-management portal is only provided to the VIP Club account holder and their representative by means of secure login credentials, which will be emailed by [email protected] to both VIP Club account holder’s and their representative’s personal, corporate organisation or company email accounts.

16.3.6. WeDrive Australia does not accept responsibility for issues resulting from the mismanagement* of the VIP Club account portal by the VIP Club account holder or their representative.

16.3.7. The term `mismanagement’ includes but is not limited to:

16.3.7.1 Error(s) in completing nominated family members’ mandatory fields i.e. name, mobile number, car details, which may affect the smooth delivery of their future booking(s) and result in potential delays, cancellations and/or additional charges.

16.3.7.2. Erroneous validation or invalidation of nominated VIP account members.

16.3.7.3. Accidental loss or voluntary share of the VIP Club account self-management portal login credential details.

16.3.7.4. Error(s) in placing an online booking or providing incorrect details to our operator(s) over the phone by or on behalf of the VIP Club account holder or the nominated VIP Club account family members, which may result in delays, cancellations and/or additional charges.

16.4. Obligations for the self-management of the corporate account portal.

16.4.1. A permanent or temporary replacement of the VIP Club account representative must be notified by email to [email protected] and approved by WeDrive Australia prior to the date and time of their replacement.

16.4.2. All nominated VIP account members must either be:

16.4.3. Family members of and approved by the VIP Club account holder.

16.4.4. Close friends of and approved by the VIP Club account holder

16.5. General obligations for the VIP Club account holder, their representative and all nominated VIP account members.

16.5.1. WeDrive Australia highly values your custom and takes every complaint very seriously.

16.5.2. The VIP Club account holder, their representative and all nominated VIP account members also agree to comply with WeDrive Australia General Terms and Conditions.

16.5.3. Failure to comply with the stated above WeDrive Australia Terms and Conditions may result in the temporary invalidation or permanent removal of a nominated VIP Club account member, the VIP Club account representative, and/or if deemed necessary by WeDrive Australia Executive Team, the immediate termination of the VIP Club account.

17. VOUCHERS

17.1 Vouchers are subject to specific terms and conditions, which do not affect your statutory rights with regards to the sus-mentioned General Terms & Conditions.

17.1.1 Vouchers are not valid on national, state or region based public holidays.

17.1.2 Amounts are in Australian dollars and are valid for bookings made on or before the expiry date stated on your voucher code in the form of [letter(s)]+ [mm] + [yy]. Ex: N0916 means “to be used by the 30th of September 2016”

17.1.3 Vouchers only offer a discount on the base fare quoted at the time of booking and do not apply to additional charges such as but not limited to additional drop-off, change of route, waiting time, etc…

17.1.4 Vouchers are non-refundable and cannot be redeemed for cash or other goods or services.

17.1.5 Only one voucher can be redeemed per booking.

17.1.6 If the total of the booking is more than the value of the voucher, immediate payment of the balance will be required at the time of booking.

17.1.7 The names of voucher recipients may be changed when you redeem the voucher with the exception of Individual Use Vouchers.

17.1.8 It is a condition of sale that Vouchers may not be purchased or offered for unauthorised resale on 3rd party websites. If a Voucher is used in breach of this condition, it may be cancelled without refund.

17.1.9 Should WeDrive Australia suspect any fraud relating to a Voucher, WeDrive Australia may refuse to honour the Voucher until WeDrive Australia is satisfied that no fraud has occurred.

17.2. Single Use Vouchers come with a code and are provided to multiple users who can redeem the voucher as a one-off discount offer. Once the voucher has been redeemed, it cannot be used again.

17.3 Repeat Use Vouchers come with a code and are provided to multiple users for a repeated use under specific conditions such as but not limited to dates, times, events, geographical locations, etc… Once the voucher has been redeemed, it can be used again under the specifically stated conditions. Ex: ‘Valid in Sydney Metropolitan Region only from Monday to Friday between 4:00PM and 6:00PM until 30 September 2016’.

17.4 Individual Use Vouchers come with a code and are specific to one individual user only who can redeem the voucher as a one-off discount offer under specific conditions. The voucher cannot be shared with other users.

17.5 Free Corporate Trip Vouchers are specifically offered to New WeDrive Australia Corporate Clients. The credit limit is stated on the voucher. The voucher can only be used by a member of the corporate organization for one single trip or one round trip and for one car only. It cannot be split between several trips or several cars. Once the voucher has been redeemed, it cannot be used again. Free Corporate Trip Vouchers must be handed in to the driver at the start of the service. The user Credit Card account will be debited at the time of the booking and the amount will be refunded up to the value of the voucher. The amount of the refund cannot be greater than the base fare of the trip.

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