TERMS & CONDITIONS

These Terms & Conditions (“Terms & Conditions”) are entered into by and between the individual or company identified in the Account (“you”, “your”) and WeDrive Pty Ltd ABN 47 621 317 324 (“WeDrive”).

These Terms & Conditions sets forth the terms under which you may use the applications, websites, contents, products, call centres and services made available by WeDrive.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By clicking “I ACCEPT” below you agree to be bound by these Terms & Conditions, which establishes a contractual relationship between you and WeDrive. If you do not agree to these Terms & Conditions, you may not access or use the Services. These Terms & Conditions expressly supersede any prior agreements or arrangements with you. WeDrive may immediately terminate these Terms & Conditions or any services at any time for any reason.  

 

DEFINITIONS

Account” has the meaning in clause 2.1.

App” means WeDrive’s mobile application as updated from time to time.

Booking” means a reservation for Transportation Services as confirmed by WeDrive.  

Contractor” means third party contractors who provide Transportation Services under agreement with WeDrive.

Fare” has the meaning in clause 3.1.  

GST” has the meaning in the A New Tax System (Goods and Services Tax) Act 1999.

Services” has the meaning in clause 2.2.

Transportation Services” means the provision of passenger transportation or Vehicle transportation services to you by Contractors using the Vehicle in accordance with a Booking.

Vehicle” means the vehicle that: (a) you authorise our Contractors to use for the purpose of providing Transportation Services; and (b) meets the requirements in clause 1.1(c).

INTERPRETATION

‘Company’, ‘us’, ‘we’, ‘our’ and ‘WeDrive’ refers to WeDrive Pty Ltd ABN 47 621 317 324.  

‘Customer’, ‘Client’, ‘you’ and ‘your’ refers to the individual or company identified in the Account.

“Party” or “parties” refers to the parties, or either of them, to these Terms & Conditions.

‘$’ or ‘dollar’ is a reference to Australian currency.

Words importing the singular includes the plural (and vice versa), and words indicating a gender includes every other gender.

  1. REPRESENTATIONS & WARRANTIES

1.1. You represent and warrant that:

  1. you have full power and authority to enter into these Terms & Conditions;
  2. these Terms & Conditions constitutes a legally valid and binding agreement and is enforceable in accordance with its terms;
  3. you have the ability and intend to comply with your obligations under these Terms & Conditions;
  4. the Vehicle is, and will remain at all times during the provision of the Services and Transport Services:
    1. owned by you, or that you are lawfully authorised by the owner of the Vehicle to possess and control the Vehicle and to provide possession and control of the Vehicle to the Contractor for the purpose of the Transportation Services;
    2. fully insured by one or more current and valid policies of insurance for the Vehicle against liability in respect of property damage caused or arising out of use of the Vehicle and that entering these Terms & Conditions does not breach or otherwise invalidate such insurance policies;
    3. covered by a current and valid compulsory third-party insurance policy required by law;
    4. registered;
    5. fit for purpose;
    6. roadworthy;
    7. safe for use;
    8. free from any defects.  

1.2. The representations and warranties set out in clause 1.1 survives the termination of these Terms & Conditions.

 

  1. SERVICES

2.1. You acknowledge agree that before you can accept these Terms & Conditions you must:

  1. register a user account with WeDrive, which registration requires the entry of personal data, a mobile telephone number and a credit card number (“Account”); and

 

  1. confirm the mobile number provided during the registration process with WeDrive.

2.2. The Services enable users of WeDrive’s App, call centres or websites to make a Booking for Transportation Services which are provided by third party Contractors under agreement with WeDrive (“Services”). Unless otherwise agreed by WeDrive in a separate written agreement with you, the Services are made available solely for your personal use.

YOU ACKNOWLEDGE THAT WEDRIVE DOES NOT PROVIDE TRANSPORTATION OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY WEDRIVE OR ANY OF ITS AFFILIATES. WEDRIVE IS NOT A TRANSPORTATION PROVIDER. WEDRIVE DOES NOT GUARANTEE THE AVAILABILITY OF TRANSPORTATION OR ANY OTHER SERVICE, ON-TIME ARRIVALS OR DEPARTURES, OR ANY OTHER SERVICES RELATED TO THIRD PARTY TRANSPORTATION CONTRACTORS THAT MAY BE OBTAINED VIA THE WEDRIVE SERVICES.

 

  1. PAYMENT AND CHARGES

3.1. In consideration for the Services, you agree to pay the Fare in the amount advised to you over the telephone or notified to you in writing by WeDrive (“Fare”).

3.2. You may not withhold payment of the Fare for but not limited to:

(a) making any insurance claim;

(b) transportation by other means than requested; or

(c) a claim against WeDrive or its Contractors.

3.3. In addition to the charges set out in clause 2.1, you agree to pay WeDrive any additional expenses or charges associated with providing the Transportation Services (“Additional Service Charges”). Additional Services Charges may include but are not limited to:

(a) fuel surcharges;

(b) administration fees;

(c) tolls;  

(d) cancellation fees;

(e) delays and waiting charges;

(f) fines, penalties and charges associated with the Vehicle being unregistered, unroadworthy or otherwise unsafe for use.  

3.4. The Additional Service Charges are published from time to time on WeDrive’s website and in these Terms & Conditions. If no figures are published or notified, then they are charged at cost plus 10%.

3.5. If for any reason WeDrive’s Contractors are unable to provide the Transportation Services, then you:

(a) authorise WeDrive to arrange suitable substitute Transportation Services from an alternate service provider; and

(b) agree to pay any reasonable expenses incurred by WeDrive in the acquisition of a substitute and suitable service provider which is in excess of the price payable under these Terms & Conditions.

3.6. WeDrive will provide you with an estimate of any excess price payable under these Terms & Conditions associated with any alternative service provider in clause 2.5, prior to requesting the alternative service provide to provide any Transportation Services to you. Upon your authorisation and acceptance of any substitute Transportation Services and additional fees, the substitute Transportation Services are deemed to be a Booking for the purpose of these Terms & Conditions.  

3.7. Your acceptance of these Terms & Conditions is a bar to any proceedings being commenced against WeDrive or its Contractors while any payment remains outstanding.

 

  1. FORMAL COMMUNICATION CHANNELS

4.1. By registering an Account, you agree that WeDrive may telephone you or send you text (SMS), email and voice messages as part of the normal business operation of your use of the Services.

4.2. Information communicated to WeDrive in relation to Bookings, rescheduling, changes to conditions, cancellations or declarations of incidents must be made to WeDrive by telephone to 1300 933 748, email to [email protected], SMS to 0448 483 459 or by using the ‘Cancel my Booking’ radio button on the WeDrive App.

4.3. Direct communication to a Contractor by a Customer must be by message within the WeDrive App ONLY. A direct SMS or telephone call to a Contractor is NOT accepted as a proof of communication and does not comply with WeDrive’s Privacy Policy.

4.4. All Bookings, including any changes to a Booking, are formally acknowledged by WeDrive by means of a SMS message to you. You will receive a SMS message from 0448 483 459 for all valid Bookings and changes.

 

  1. IDENTITY VERIFICATION

5.1. To ensure the safety of our Contractors, you may be required to present proof of identification.

5.2. WeDrive and its Contractors may require Vehicle details such as make, model, colour and registration for identification purposes.

5.3. A booking for ‘CAR ONLY’ pickup must include the Vehicle’s details such as make, model, colour and registration for identification purposes.

5.4. If you fail or refuse to provide any requested or required details of the kind mentioned in this clause 4, then you agree that WeDrive may cancel any Booking.  

 

  1. PAYMENTS & BILLING

6.1. All Bookings must be prepaid using an authorised debit or credit card. Visa and Mastercard credit and debit cards will attract a 2% processing fee and Amex credit and debit cards will attract a 3% processing fee.

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

6.3. All major debit and credit cards are accepted.

6.4. Payments are securely processed by PayPal.

6.5. Valid pre-purchased WeDrive 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.

6.6. Corporate account payments must be made by electronic transfer to WeDrive bank account within 3 days of issuance of invoice, unless otherwise agreed by WeDrive.

6.7. Tax receipts are emailed upon payment processing to your designated email address.

6.8. All Fares and charges include 10% GST.

 

  1. VEHICLE REGISTRATION, ROADWORTHINESS, BREAKDOWNS & GOODS

7.1. Our Contractors may refuse to operate a Vehicle that is, or is reasonably suspected to be, unroadworthy and may check for the Vehicle’s registration status. If the Vehicle is, or is reasonably suspected to be, unregistered and/or unroadworthy, WeDrive and its Contractors will not accept the Booking and you will be liable to pay the Fare.

7.2. In the event of breakdown of the Vehicle, you will be liable to pay the Fare. Waiting charges may also apply in addition to the Fare if the Contractor is restrained, hindered, or otherwise delayed by you.

7.3. Contractors are unable to provide technical or mechanical services in the event of Vehicle breakdowns but will not leave the Vehicle and/or you unless requested by you (waiting charges apply).

7.4. Contractors are not a common carrier and may refuse the carriage of any goods without assigning any reason for such refusal.

 

  1. CHANGES & CANCELLATIONS

8.1. You may request to change a Booking by either cancelling your Booking on the WeDrive App and making a new booking, or by calling 1300 933 748 at least 2 hours before the earliest requested pickup time.

8.2. Changes to a pickup time are subject to Contractor availability.

8.3. Once a journey has commenced, on request by you, our Contractors will accept reasonable changes to the route and such changes will be entered in the WeDrive App by the Contractor as soon as possible (additional charges may apply).

8.4. Route changes and delays due to additional stopovers (such as for refuelling, meal breaks, dropping off/ picking up other passengers) will result in additional charges for which you agree you are liable.

8.5. Customer cancellations must be made at least 2 hours prior to pickup time.

8.6. Full Fare will be charged for Booking cancellations made within 1 hour from pickup time.

8.7. 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.

8.8. 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.

8.9. Twenty-four hours’ Booking cancellation notice applies to all Bookings outside of the service Metropolitan Region, public holidays and special events such as Major Spring Racing Carnival events and AFL Finals games.

8.10. Booking cancellation notice can be made via the WeDrive App, by telephone to 1300 933 748, email to [email protected], or SMS to 0448 483 459.

8.11. Booking cancellation notices communicated directly to Contractors are not accepted by WeDrive and full Fare and any associated administration fees may be charged.

 

  1. DELAYS & WAITING CHARGES

9.1. WeDrive and its Contractors are not liable and will not be taken to have failed to provide any Services or Transportation Services, or failed to perform its obligations under these Terms & Conditions, as a result of force majeure, being any act which it outside the control of WeDrive or its Contractors.

9.2. A ten (10) minute grace period applies to the Booking pickup time, or the time a Contractor arrives at a pickup location and notifies the customer, whichever occurs later. Thereafter a minimum waiting charge of $1.10 per minute applies.

 

  1. INSURANCE & FINES

10.1. DRIVING & VEHICLE INSURANCE

Insurance coverage cost and risk are entirely your responsibility in all circumstances and you agree to indemnify WeDrive and its Contractors against any loss, damage or claims directly or indirectly arising from or in connection with the Services and/or the Transportation Services.

10.2. DISCLAIMER OF LIABILITY

Except for any rights that you are entitled to by law, WeDrive and its Contractors accept no responsibility for any damage to your Vehicle, or other vehicles or property, or any damage caused by your Vehicle including (without limitation) while in the care of WeDrive or its Contractors. WeDrive will not be liable for any direct, indirect or consequential loss, including loss of income or any other expenses, or damage, incurred by you:

  1. that arises from providing, or failing to provide, any of the Services or Transportation Services; or

 

  1. as a result of the acts or omissions of WeDrive or its Contractors.  

10.3. TRAFFIC FINES

10.3.1. Any traffic fines, penalties or infringements such as speeding or red-light camera offences will be assumed personally by the Contractor.

10.3.2. All fines, penalties, infringements and charges incurred by a Contractor arising due to operating an unregistered, unroadworthy, defective or dangerous Vehicle will be passed on to you, and you authorise WeDrive to deduct any such fines, penalties and charges from the credit card associated with the Account.

 

  1. PRIVACY & RETENTION OF INFORMATION

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

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

11.3. By default, PayPal payment processing facility will retain credit and/or debit card details, which details are not accessible by staff once entered in our payment gateway system.

 

  1. ACCEPTABLE USE OF WEDRIVE COMMUNICATION CHANNELS AND APP SERVICES

12.1. WeDrive may warn you, suspend or terminate your Account, in its sole discretion, if it reasonably suspects that you have not complied with WeDrive’s Acceptable Use Policy, contained in clauses this clause 12 and clauses 13 to 14 below.

12.2. The Content displayed and/or processed by the customer through WeDrive App or through other means of communication (such as phone calls, SMS, emails, verbal communication) to WeDrive or its Contractors shall not contain any of the following:

(a) Content that infringes a third party’s rights according to applicable law;

(b) Excessively profane content;

(c) Hate-related or violent content;

(d) Content advocating racial or ethnic intolerance;

(e) Content intended to advocate or advance computer hacking or cracking;

(f) 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.

 

  1. PROHIBITED ACTIONS

You agree that you will not, and you will not allow any third party to:

13.1. Generate or facilitate unsolicited commercial email (“spam”) sent to WeDrive email accounts;

13.2. Send email or SMS messages to WeDrive or its Contractors in violation of any applicable anti-spam law;

13.3. Imitate or impersonate another person or a person’s account or email address, or create false accounts for the purpose of sending spam or using the Services without the explicit consent of the Account or email holder;

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

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

13.6. Transmit content that may be harmful to minors;

13.7. Transmit another person’s intellectual property or other proprietary information without the owner’s permission;

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

13.9. Promote or encourage illegal activity;

13.10. Interfere with other users’ enjoyment of the Services;

13.11. Sell, trade, resell or otherwise exploit the Services for any unauthorised or unlawful purpose;

13.12. Modify the WeDrive logo or any other WeDrive marks; or

13.13. Use the Services, or any interfaces provided incidental to the Services, to access any WeDrive Services in a manner that violates these Terms & Conditions.

 

  1. QUOTA & LIMITS

To help maintain your privacy and the cost-effective delivery of the Services, WeDrive has certain limits in using its communication service via the WeDrive App.

Additional charges apply for users who generate large amounts of traffic charges above the quotas specified below.

Phone calls to Contractors through the WeDrive 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.

Phone calls to Contractors shall not be made for any purpose other than to facilitate the Transportation Services.

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

 

  1. CORPORATE CLUB ADDITIONAL TERMS & CONDITIONS

15.1. PAYMENTS AND INVOICES

15.1.1. Corporate account holders must provide details of at least one and up to three credit cards 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 valid 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 credit card 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 a $10 or 10% administration charge 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 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 requests will incur administration charges of $10 per invoice).

15.2. CONDITIONS FOR THE SELF-MANAGEMENT OF THE CORPORATE ACCOUNT PORTAL

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

15.4.2. Failure to comply with the WeDrive General 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 Executive Team, the immediate termination of the Corporate account.

 

  1. 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. VIP Club account holders must provide details of at least one and up to three credit cards 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 valid 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 credit card 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 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 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 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 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 prior to the date and time of their replacement.

16.4.2. All nominated VIP account members must either be:

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

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

16.5.2. Failure to comply with WeDrive’s General 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 Executive Team, the immediate termination of the VIP Club account.

 

  1. VOUCHERS

17.1. Vouchers are subject to specific terms and conditions, which do not affect your statutory rights with regards to these Terms & Conditions.

17.1.1. Vouchers are not valid on national, state or regional 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.

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.

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 Fare 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 third party websites. If a voucher is used in breach of this condition, it may be cancelled without refund.

17.1.9. Should WeDrive suspect any fraud relating to a voucher, WeDrive, in its sole discretion, may refuse to honour the voucher until WeDrive 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. Once the voucher has been redeemed, it can be used again under the specifically stated conditions.

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 Corporate Clients. The credit limit is stated on the voucher. The voucher can only be used by a member of the corporate organisation 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 given to the Contractor. 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.

 

  1. INDEMNITY

18.1. You agree to indemnify WeDrive and its Contractors against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which WeDrive or its Contractors pays, suffers, incurs, or is, or may be, liable for in respect of, or arising out of or in connection with:

  1. any breach of the warranties in clause 1.1;
  2. any breach by you of these Terms & Conditions;
  3. your acts or omissions;
  4. any negligence by you.

18.2. You acknowledge and agree that the indemnities in these Terms & Conditions are additional, separate and independent obligations and survives the termination of these Terms & Conditions.

 

  1. RELATIONSHIP OF PARTIES

19.1. Nothing in these Terms & Conditions is to be treated as creating a relationship of joint venture, partnership, franchise, agency, employment, or of a fiduciary nature between the Customer and WeDrive.

19.2. Except as provided in these Terms & Conditions, no party may act or has any authority to act as agent of or in any way bind or commit another party to any obligations, representation or warranty.

 

  1. DISPUTE RESOLUTION

20.1. You agree that you may not commence any legal proceedings arising out of or broadly in connection with or relating to the Services, the Transport Services, or these Terms & Conditions, including those relating to its validity, its construction, or its enforceability without first having complied with the steps in this clause relating to dispute resolution.

20.2. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services, the Transport Services, or these Terms & Conditions, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the Institute of Arbitrators & Mediators Australia Mediation Rules (“IAMA Mediation Rules”).

20.3. If the Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the IAMA Mediation Rules, the Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Institute of Arbitrators & Mediators Australia Arbitration Rules (“IAMA Arbitration Rules”).

20.4. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the IAMA Arbitration Rules. The place of both mediation and arbitration shall be Brisbane, Queensland. The existence and content of the mediation and arbitration proceedings, including any documents submitted by the parties, all correspondence to or from the mediator or arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (1) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (2) the third party agrees unconditionally to be bound by the confidentiality obligation in these Terms & Conditions.

 

  1. GENERAL

SEVERANCE

If any provision of these Terms & Conditions is held to be unlawful, invalid or unenforceable, in whole or in part, under any law, then such provision or part shall be deemed not to form part of these Terms & Conditions but the legality, validity and enforceability of the other provisions in these Terms & Conditions shall not be affected. In that event, the parties shall replace the unlawful, invalid or unenforceable provision or part thereof with a provision or part thereof that is lawful, valid and enforceable and that has, to the greatest extent possible, a similar effect as the unlawful, invalid or unenforceable provision or part thereof, given the contents of these Terms & Conditions.

ENTIRE AGREEMENT

These Terms & Conditions constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

GOVERNING LAW AND JURISDICTION

These Terms & Conditions are governed by and will be construed in accordance with the laws applicable in the State of Queensland and the Federal laws of Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of those courts and courts hearing appeals from those courts.