These Turvy Pty Ltd – Terms and Conditions – Australia (“Turvy Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Turvy Services”) made available by Turvy Pty Ltd, a private limited liability company established in Australia, having its offices at 14/19A Market Street, Wollongong NSW 2500, Australia, registered at ASIC under number 611 622 894 (“Turvy”).
Scope of these Turvy Terms
Turvy may provide turvy Services or affiliates of Turvy if specified in these Turvy Terms or any supplemental terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE TURVY SERVICES.
Your access and use of the Turvy Services constitute your agreement to be bound by these Turvy Terms, which establishes a contractual relationship between you and Turvy. If you do not agree to these Turvy Terms, you may not access or use the Turvy Services. These Turvy Terms expressly supersede prior agreements or arrangements with you.
Turvy may amend the Turvy Terms, any supplemental terms or policies (including the "Community Guidelines", available at https://www.turvy.net/community-guidelines related to the Turvy Services from time to time. Turvy will provide you with at least 30 days’ written notice in the event of a material change to any Turvy Terms, policies or supplemental terms that detrimentally affects your rights under these Turvy Terms. Amendments will be effective upon posting such updated Turvy Terms at this location or the amended additional terms or policies on the applicable Turvy Service or at this location (as the case may be). Your continued access or use of the Turvy Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Turvy Terms, policies and supplemental terms, as amended.
Termination or restriction of the Turvy Services
Turvy may restrict you from accessing or using the Turvy Services, or any part of them, immediately, without notice, in circumstances where Turvy reasonably suspects that:
(a) you have, or are likely to, breach these Turvy Terms; and
(b) you do not or are likely not to qualify, under applicable law or the standards and policies of Turvy, to access and use the Turvy Services.
Turvy may terminate these Turvy Terms or any Turvy Services concerning you, or generally, cease offering or deny access to the Turvy Services or any portion thereof:
(a) immediately, where Turvy reasonably suspects that: (i) you have, or are likely to, materially breach these Turvy Terms; and (ii) you do not, or are likely not to, qualify under applicable law or the standards and policies of Turvy, to access and use the Turvy Services; or
(b) on 30 days written notice to you, where Turvy, acting reasonably, terminates these Turvy Terms or any Turvy Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Turvy Terms, Turvy may immediately restrict or deactivate your access to the Turvy Services if you breach the Community Guidelines.
You may terminate these Turvy Terms or stop using the Turvy Services, at any time, for any reason.
Our collection and use of personal information in connection with the Turvy Services is as provided in Turvy’s privacy notice located at https://www.turvy.net/legal-1. Turvy may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident involving you and a Third-Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
Subject to your compliance with these Turvy Terms, Turvy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) access and use the Applications on your device solely in connection with your use of the Turvy Services; and (ii) access and use any content, information and related materials that may be made available through the Turvy Services, in each case solely for your personal, non-commercial use. Turvy and Turvy’s licensors reserve any rights not expressly granted herein.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Turvy Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Turvy Services except as expressly permitted by Turvy; (iii) decompile, reverse engineer or disassemble the Turvy Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Turvy Services; (v) cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Turvy Services or unduly burdening or hindering the operation and functionality of any aspect of the Turvy Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Turvy Services or its related systems or networks.
Provision of the Turvy Services
You acknowledge that portions of the Turvy Services may be made available under Turvy’s various brands or request options associated with transportation or delivery services, including the transportation request brands currently referred to as “Turvy,” “TurvyFM,” “TurvyST,” “TurvySV,” “TurvyLUX,” “TurvyPet,” and “TurvyEX”.
You also acknowledge that the Turvy Services may be made available under such brands or request options by or in connection with: (i) certain of Turvy’s subsidiaries and affiliates; or (ii) independent Third-Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licences.
Third-Party Services and Content
The Turvy Services and all rights therein are Turvy’s property or the property of Turvy’s licensors. Neither these Turvy Terms nor your use of the Turvy Services conveys or grant to you any rights: (i) in or related to the Turvy Services except for the limited licence granted above; or (ii) to use or reference in any manner Turvy’s company names, logos, product and service names, trademarks or services marks or those of Turvy’s licensors.
Turvy Active Area
The goods and services that you may request using the Turvy Services are available in designated areas as communicated via the Application from time to time (“Turvy Active Area”). Turvy does not guarantee that you will be able to use the Turvy Services to request any such goods and services in the Turvy Active Area at all times.
3. YOUR USE OF THE TURVY SERVICES
To use most aspects of the Turvy Services, you must register for and maintain an active personal user Turvy Services account (“Account”). To obtain an Account, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), unless a specific Turvy Service permits otherwise. Account registration requires you to submit to Turvy certain personal information, such as your name, address, mobile phone number and age, and at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Turvy Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Turvy in writing, you may only possess one Account.
User Requirements and Conduct
The Turvy Services are not available for persons under 18 years of age. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive: (i) transportation services from Third-Party Providers unless you accompany them; or (ii) delivery services from Third-Party Providers or any Turvy affiliate (in its capacity as a delivery services provider) unless permitted by you, and you agree to take full responsibility for their acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using Turvy Services. You may only access or use the Turvy Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and by these Turvy Terms. In your use of the Turvy Services, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party, including Turvy, its affiliates or any of their employee’s agents or contractors. In certain instances, you may be asked to provide proof of identity or another method of identity verification to access or use the Turvy Services, and you agree that you may be denied access to or use of the Turvy Services if you refuse to provide proof of identity or another method of identity verification.
Commercial Electronic Messaging
By creating an account, you agree that Turvy or its affiliates may send you commercial electronic messages (including email, SMS, or push notifications, where applicable) as part of the regular business operation of your use of the Turvy Services. You agree that Turvy and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including push notifications). However, you may opt out of receiving commercial electronic messages from Turvy by following the directions found at http://turvy.net/unsub-preference. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Turvy Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are essential for your experience.
A Turvy affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third-Party Provider’s services, subject to any additional terms that the Turvy affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Turvy affiliate; (iii) may, as permitted by law, be disabled by Turvy or its affiliate at any time without liability to Turvy or its affiliate; (iv) may only be used under the specific terms that the Turvy affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire before your use. The Turvy affiliate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user if the Turvy affiliate reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Turvy Terms. This section does not apply to promotional codes for Turvy Delivery Services. Instead, the Turvy Delivery Terms apply to those promotional codes.
Turvy may, in Turvy’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Turvy through the Turvy Services textual, audio, and visual content and information, including commentary and feedback related to the Turvy Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Turvy, you grant Turvy and its affiliates a worldwide, perpetual, irrevocable, transferable licence for no fee, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Turvy Services and Turvy’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content, or you have all rights, licences, consents and releases necessary to grant Turvy and its affiliates the licence to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Turvy’s or its affiliate’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Turvy in its sole discretion, whether or not such material may be protected by law. Turvy may, but is not obligated to, review, monitor, or remove User Content, at Turvy’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Turvy Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Turvy Services from a wireless-enabled device, and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Turvy Services and Applications and any updates to it. Turvy does not guarantee that the Turvy Services, or any portion thereof, will function on any particular hardware or devices. In addition, Turvy Services may be subject to malfunctions and delays inherent in the Internet and electronic communications.
You understand that the use of the Turvy Services may result in charges to you for the services or goods you receive from a Third-Party Provider (“Third-Party Charges”). After you have received services or goods obtained through your use of the Turvy Service, Turvy will facilitate your payment of the applicable Third-Party Charges on behalf of the Third-Party Provider. Payment of the Third-Party Charges shall be considered the same as payment made directly by you to the Third-Party Provider. Third-Party Charges will be inclusive of applicable taxes where required by law. Third-Party Charges paid by you are final and non-refundable unless otherwise determined by Turvy or required by the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the Turvy Services or other remedies for a minor loss. You retain the right to request lower Third-Party Charges from a Third-Party Provider for transportation services you receive from such Third-Party Provider when you receive such transportation services. A Turvy affiliate will respond accordingly to any request from a Third-Party Provider to modify the Third-Party Charges for a particular service or good.
All Third-Party Charges are due immediately. Turvy will facilitate payment using the preferred payment method designated in your Account, after which you will be sent a receipt by email. Suppose your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged. In that case, you agree that Turvy may use a secondary payment method in your Account on behalf of a Third-Party Provider, if available.
You acknowledge that a Turvy affiliate may, acting reasonably, establish, remove and revise Third-Party Charges for any or all services or goods obtained through the use of the Turvy Services at any time at the direction of the Third-Party Provider or otherwise in the Turvy affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge, or an item you requested is out of stock. Further, you acknowledge and agree that Third-Party Charges applicable in certain geographical areas may increase substantially during times of high demand. Turvy will use reasonable efforts to ensure the Turvy affiliate informs you of Third-Party Charges that may apply, provided that you will be responsible for Third-Party Charges incurred under your Account. You acknowledge that a Turvy affiliate may, from time to time, provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Turvy Services. You agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable, and, unless also made available to you, shall have no bearing on your use of the Turvy Services or the Third-Party Charges applied to you.
This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Turvy Services, you are under no obligation. Gratuities are voluntary. After you have received services or goods obtained through Turvy Services, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
You may elect to cancel your request for transportation services from a Third-Party Provider at any time before such Third-Party Provider’s arrival. You may be charged a cancellation fee, subject to Turvy’s or its affiliate’s cancellation policies. Suppose the transportation services are cancelled for any reason not attributed to you by Turvy’s or its affiliate’s cancellation policies. In that case, you will be entitled to a refund for any charges paid.
If you have other issues with any items or services provided by a Third-Party Provider, Turvy or its affiliate will manage your complaint by the complaints process set out in section 6.
Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Australian Consumer Law.
Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third-Party Provider vehicles and property resulting from use of the Turvy Services under your Account over normal “wear and tear“ damages and necessary cleaning (“Repair or Cleaning”). Suppose a Third-Party Provider reports the need for Repair or Cleaning, and a Turvy affiliate verifies such Repair or Cleaning request at the affiliate’s reasonable discretion. In that case, Turvy reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third-Party Provider using your payment method designated in your Account. Such amounts will be transferred by Turvy to the applicable Third-Party Provider and are non-refundable.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
LIMITATIONS SUBJECT TO LOCAL CONSUMER LAW
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Australian Consumer Law.
APPLICATION TO TURVY AND ITS AFFILIATES
The limitations and disclaimer in this section 5 apply to the liability of Turvy and its affiliates under these Turvy Terms, including about any of the Turvy Services. Neither Turvy nor any of its affiliates will be liable under or in connection with these Turvy Terms for any Turvy Delivery Services. However, if a Turvy affiliate provides Turvy Delivery Services to you, the Turvy affiliate identified in the applicable Turvy Delivery Terms will be exclusively liable to you for Turvy Delivery Services by those terms.
Except as required of Turvy and its affiliates under the consumer guarantees, the Turvy Services are provided “as is” and “as available”. Turvy and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Turvy Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Turvy Services. Turvy Services will be uninterrupted or error-free. Turvy and its affiliates do not guarantee third-party providers' quality, usefulness, safety, or ability. You agree that the entire risk arising out of your use of the Turvy Services, and any services or goods requested by you through the Turvy Services, remains solely with you, to the maximum extent permitted under applicable law, including the Australian Consumer Law.
Limitation of Liability
Suppose you are acquiring the goods or services as a consumer. In that case, Turvy's liability for a failure to comply with a consumer guarantee is limited to (a) in the case of goods supplied to you as part of the Turvy Services, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and (b) in the case of services supplied to you as part of the Turvy Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.
In no event shall Turvy’s or its affiliates’ total combined liability to you in connection with the Turvy Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one thousand Australian dollars (AUD 1,000).
Exclusion of Liability
Turvy’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these Turvy Terms that is not a breach of a consumer guarantee is also limited in the following way: Turvy and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Turvy Services, even if Turvy or its affiliate has been advised of the possibility of such damages. Turvy and its affiliates shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Turvy Services or your inability to access or use the Turvy Services; or (ii) any transaction or relationship between you and any Third-Party Provider or Turvy affiliate (in its role as a delivery services provider), even if Turvy or its affiliate has been advised of the possibility of such damages. Turvy and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond Turvy’s or its affiliates’ reasonable control. You acknowledge that Third-Party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.
Turvy or its affiliate will maintain a complaints management framework. It will manage this framework for Turvy and its affiliates, and on behalf of Third-Party Providers, reasonably and by the non-excludable requirements of the Australian Consumer Law.
You agree to indemnify and hold Turvy and its affiliates and their officers, directors, employees and agents harmless from any claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Turvy Services or services or goods obtained through your use of the Turvy Services; (ii) your breach or violation of any of these Turvy Terms; (iii) Turvy’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Turvy or its affiliate directly caused or contributed to any such Losses.
6. GOVERNING LAW; DISPUTE RESOLUTION
There are several mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Turvy Services or these Turvy Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). Turvy or its affiliate operates a complaints process to allow you to make complaints about Turvy. Turvy or its affiliate will reasonably use this complaints process. In addition, you may have the right to make a complaint to fair trading or consumer law bodies about applicable consumer laws, including the non-excludable portions of the Australian Consumer Law.
Except as otherwise outlined in these Turvy Terms, these Turvy Terms shall be exclusively governed by and construed by the laws of New South Wales, Australia, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of New South Wales, Australia or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and mail, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the Third-Party as reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the Third-Party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Turvy Terms.
7. OTHER PROVISIONS
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Turvy’s designated agent. Please visit Turvy’s web page at https://www.turvy.com/legal for the designated address and additional information.
Turvy may give notice using general information on the Turvy Services, electronic mail to your email address in your Account, or written communication sent to your address as outlined in your Account. You may notify Turvy by written communication to Turvy’s address at 14/19A Market Street, Wollongong NSW 2500, Australia.
You acknowledge and agree that the availability of the Applications may be dependent on the Third-Party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Turvy Terms are between you and Turvy and not with the App Store and that Turvy is responsible for the provision of Turvy Services as described in these Turvy Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Turvy Terms. Upon your acceptance of these Turvy Terms, Apple shall have the right (and will be deemed to have accepted the request) to enforce these Turvy Terms against you as a third-party beneficiary thereof. These Turvy Terms incorporate Apple’s Licensed Application End User License Agreement, for which you are “the end-user”. In the event of a conflict in terms of the Licensed Application End User License Agreement and these Turvy Terms, these Turvy Terms will control.
You may not assign or transfer these Turvy Terms in whole or in part without Turvy’s prior written approval. You give your approval to Turvy for it to assign or transfer these Turvy Terms in whole or in part, including to (i) a subsidiary or affiliate; (ii) an acquirer of Turvy’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Turvy or any Third-Party Provider due to the contract between you and Turvy or use of the Turvy Services.
Suppose any provision of these Turvy Terms is illegal, invalid or unenforceable, in whole or in part, under any law. Such provision or portion thereof shall not form part of these Turvy Terms. Still, the legality, validity and enforceability of the other provisions in these Turvy Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a condition or portion thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Turvy Terms. These Turvy Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties concerning its subject matter and replaces and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law. In these Turvy Terms, the words “including” and “include” mean “including, but not limited to”.