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USER TERMS AND CONDITIONS

Please read these terms carefully before using ROAM's services.

CONTRACTUAL RELATIONSHIP

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Your access and use of Roam Transport (ROAM) services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you, and ROAM. If you do not agree to these Terms, you may not access or use ROAM's services. These Terms expressly supersede prior agreements or arrangements with you.

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ROAM may restrict you from accessing or using ROAM's services, or any part of them, immediately, without notice, in circumstances where ROAM reasonably suspects that:

• You or your dependents have, or are likely to, breach these Terms; and/or

• you or your dependents do not, or are likely not to, qualify, under applicable law or the standards and policies of ROAM, to access and use ROAM's services.
  

ROAM may terminate these Terms or any services with respect to you, or generally cease offering or deny access to ROAM's services or any portion thereof:

• immediately, where ROAM reasonably suspects that:

  • you or your dependents have, or are likely to, materially breach these Terms; and/or

  • You or your dependents do not, or are likely not to, qualify, under applicable law or the standards and policies of ROAM, to access and use ROAM's services; or

• on 30 days' written notice to you, where ROAM, acting reasonably, terminates these Terms or any services for any legitimate business, legal or regulatory reason.
  

Without limiting its other rights under these Terms, ROAM may immediately restrict or deactivate your access to ROAM's services if you breach these Terms or ROAM service policies at any time.

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You may terminate these Terms at any time, for any reason.

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Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

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ROAM may amend the Terms, any policies or supplemental terms related to the Services from time to time. ROAM will provide you with at least 30 days' written notice in the event of a material change to any Terms, policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon ROAM’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.

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Our collection and use of personal information in connection with the Services is as provided in ROAM’s Privacy Policy. ROAM may provide to a claims 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.

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THE ROAM SERVICE

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These Terms govern the supply within Australia by ROAM Transport (ABN 64160723450) to you of transportation arrangement and related services.

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Your use of ROAM Transport constitutes your agreement that you and any other passengers for whom you arrange transport are bound by these Terms.  If you do not agree, you may not use ROAM's services. ROAM may amend or terminate these Terms or the Service at any time and for any reason.

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YOUR RIGHTS

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Privacy – ROAM takes the privacy of Account holders, passengers and Third Party Providers very seriously.  We commit to comply with the Privacy Act 1988 (Cth) and with the ROAM Privacy Policy, which is  available on our website.  Purposes for which we collect and may use and disclose your and other passengers’ Personal Information include providing you with the Service, exercising rights and carrying out obligations under these Terms, and operating the ROAM business in accordance with good business practice.

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Consumer guarantees – we provide the Service subject to consumer guarantees under the Competition and Consumer Act 2010 (Cth).  Nothing in these Terms affects your statutory rights. We make no express warranties beyond these consumer guarantees.  To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Service is limited to us re-supplying the Service to you or refunding the Charges you have paid us for the Service to which your claim relates.

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Disputes  – you may raise a dispute with ROAM about any aspect of the Service or transportation arranged through ROAM's services, by contacting us via the options at the bottom of the page.

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USE OF THE SERVICE

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Passenger Requirements and Conduct –  you may only use the Service to arrange transport for yourself and other passengers who are: 

• Over 18 years old;

• Children under the age of 18 accompanied by an adult;

• Unaccompanied dependents under the age of 18 where the parent, immediate relative, guardian, Police or Court has authourised the ride.

You must not invite or allow any person outside those categories to be a passenger.  If there is no adult passenger, the driver must have a contact phone number of the person who authourised the ride, and they must be contactable at all times during the transportation. In all cases, the person who has authourised the ride is liable to pay all charges.

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Any passenger may be asked to provide proof of age or identity to access or use ROAM's services, and you agree that you may be denied access to or use ROAM's services if you refuse to provide proof of identity or other method of identity verification.

You and your dependents/passengers must comply with applicable laws when using ROAM's services and in the course of transport, and must not cause nuisance, annoyance, inconvenience, or property damage. 

 

ROAM Booking Service - Bookings give ROAM riders the opportunity to book their trip in advance. The bookings service means ROAM riders can book their trip anywhere from 2 hours to 7 days in advance at the time of their choosing. A cancellation fee will apply if an Advanced Bookings trip is cancelled within 1 hour of an advance booking. This is to cover our time, fuel and running costs spent heading to you.   

 

ROAM Courier Service - ROAM offers an option for users of the ROAM Service to request a driver to pick up items or supplies on behalf of the user and deliver them to a drop-off location for a flat rate. Freight rates are negotiable and vary depending on the size, urgency and/or time delivery window. 

Users of the ROAM Courier service must be 18+ years of age.

Upon accepting the trip, ROAM Drivers will be required to take a photograph of the item(s) precured on behalf of the user and send said photograph to the user as proof of pick up. Drivers are also required to take a photograph of the item(s) precured on behalf of the user and send said photograph to the user at the point of drop-off as proof of drop-off. ROAM is not liable for incorrect, damaged or lost/stolen item(s). 

ROAM Transport and our Drivers are not responsible or liable for item(s) delivered via the ROAM Courier Service in any case. Users using the ROAM Courier Service do so at their own risk. 

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Device and network usage – ROAM does not guarantee that our electronic services will function on any particular hardware or devices. ROAM relies on your device and its network access and may be subject to limitations and delays inherent in the use of devices and electronic communications. Our Bookings Forms and Google Maps are reliant on network access and location services and may be subject to limitations or delays depending on the use of device or network. Your mobile network’s data and messaging fees apply.

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Breach and termination – If you use or attempt to use the Service in breach of any Term, ROAM may charge you a cancellation or breach charge as notified on the App or website, and may terminate your Account.

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Text Messaging – By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from ROAM at any time by following the directions and/or prompts within the SMS. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

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Promotional Codes and Loyalty Cards – ROAM may, in ROAM’s sole discretion, create promotional codes or distribute Loyalty Cards that may be redeemed for credit, or other features or benefits related to ROAM’s services, subject to any additional terms that ROAM establishes on a per promotional code basis. You agree that the promotional items issued out by ROAM: (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 ROAM; (iii) may be disabled by ROAM at any time for any reason without liability to ROAM; (iv) may only be used pursuant to the specific terms that ROAM established; (v) are not valid for cash; and (vi) may expire prior to your use. ROAM reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Loyalty Cards or Vouchers by you or any other user in the event that ROAM reasonably determines or believes that the use or redemption of the offer was in error, fraudulent, illegal, or in violation of the applicable offer terms or these Terms. Loyalty Cards are non-transferable.

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User Provided Content – ROAM may, in ROAM’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ROAM through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the 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 ROAM, you grant ROAM a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to 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 Services and ROAM’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.

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You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ROAM the license 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 ROAM’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.

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You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ROAM in its sole discretion, whether or not such material may be protected by law. ROAM may, but shall not be obligated to, review, monitor, or remove User Content, at ROAM’s sole discretion and at any time and for any reason, without notice to you.

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CHARGES AND PAYMENT

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Use of ROAM's services will result in charges to you for transportation you arrange with ROAM Transport. Payment of the agreed fare is to be made by cash or 'Tap and Go' card facility and must be paid before the ride commences, unless other arrangements have been made. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by ROAM.

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ROAM will provide the rider with a paper receipt, or an electronic receipt to the payers email address or mobile phone upon request.  Bookings cancelled within the hour could see the person who made the booking charged a cancellation fee - this is up to the Driver's discretion.  

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Other charges including waiting time and additional stops must be paid at the end of the Ride.

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Repair or Cleaning Fees – You shall be responsible for the cost of repair for damage to, or necessary cleaning of ROAM's vehicles and property resulting from the use of ROAM's services under your direction in excess of normal "wear and tear" damages and necessary cleaning (“Repair or Cleaning”). In the event that there is a need for Repair or Cleaning, ROAM reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning from you.

 

Tolls - Passenger fare will include tolls if the trip goes through a toll road.

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State Levies - Passenger fares will also include a state levy fee per trip. ​

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DISCLAIMERS

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No guarantee – ROAM does not warrant or provide any guarantees in relation to the use of the ROAM's services, the reliability of information provided to you through our website, nor the availability or functionality of the booking form on ROAM's website.  ROAM has policies as notified on the ROAM website and its social media designed to promote the provision of quality transportation, but ROAM does not guarantee the quality, timeliness or safety of transportation services.  You accept the risks arising out of your use of ROAM's services and in the nature of transportation services to the maximum extent permitted by law.

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Limitation of liability – You agree that ROAM is not liable for: delay or inability to provide a service due to events beyond our control; consequential loss caused by our breach of these Terms that does not arise in the natural and ordinary course of events; or loss which exceeds $2,000.    

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Indemnity – you are liable for and agree to indemnify ROAM Transport against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from: any information that you have provided to us being inaccurate, misleading or incomplete; your or your passenger’s breach of any law; your or your passenger’s breach of these Terms; or a misuse of the Service by you or your passengers.

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Governing Law – these Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you accept the exclusive jurisdiction of its courts.

 

WEBSITE TERMS AND CONDITIONS OF USE

 

By accessing the website at ROAM.net.au, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

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1. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on ROAM’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

   1. modify or copy the materials;

   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

   3. attempt to decompile or reverse engineer any software contained on ROAM’s website;

   4. remove any copyright or other proprietary notations from the materials; or

   5. transfer the materials to another person or “mirror” the materials on any other server.

2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ROAM at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
   

2. Disclaimer

1. The materials on ROAM’s website are provided on an ‘as is’ basis. ROAM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

2. Further, ROAM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
   

3. Limitations

In no event shall ROAM or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ROAM’s website, even if ROAM or a ROAM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

4. Accuracy of materials

The materials appearing on ROAM’s website could include technical, typographical, or photographic errors. ROAM does not warrant that any of the materials on its website are accurate, complete or current. ROAM may make changes to the materials contained on its website at any time without notice. However ROAM does not make any commitment to update the materials.

 

5. Links

ROAM has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ROAM of the site. Use of any such linked website is at the user’s own risk.

 

6. Modifications

ROAM may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

 

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.