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Terms and Conditions

These terms and conditions (Terms) govern the access or use by you, an individual, from Australia of applications, websites, content, products, and services (ROOO Services) made available by Apex Tech Australia Pty Ltd (ABN 66 672 532 991) trading as ROOO of 13 Blue Gum Avenue, Woodville North, South Australia 5012, Australia (ROOO).

ROOO Services only facilitates the interactions between:

  • a user seeking services; and
  • an individual offering services,

making it easier for both to locate, communicate, arrange payment, and deliver services in a fast and secure manner. ROOO is neither a party to any transaction between the two individuals, nor responsible for any obligation arising between them.

THE PARTIES AGREE as follows:

  1. DEFINITIONS AND INTERPRETATION
    • Definitions

In this Agreement, unless the context indicates otherwise, the following words have the following meanings:

Account means the registered and maintained account that enables the use of ROOO Services.

Active Area means the designated location where ROOO Services are made available to users.

Application means the mobile application licensed to you by ROOO that enables you to access and receive services.

App Store is the third-party platform enabling users’ access to the Application.

Code of Conduct means the policy available at rooo.com.au

Customer Service Charter means the document available at rooo.com.au

Dispute means an argument or disagreement.

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

Losses means your violation of the rights of any third party.

Promo Codes means promotional codes that provide discounts, other features or benefits related to ROOO Services.

Privacy Policy means the policy available at rooo.com.au

ROOO refers to Apex Tech Australia Pty Ltd (ABN 66 672 532 991).

ROOO Services means the services to be provided by ROOO to the users under this Agreement.

ROOO Privacy Policy means the policy available at rooo.com.au

Tax means all forms of taxes, levies, duties, charges, imposts, contributions, deductions, withholding or liabilities however described, whether in Australia or foreign, that are imposed by Law or by a government agency, together with any related interest, penalty, fine, surcharge, cost or other charge.

Third Party Charges means the fees incurred through external entities, such as tolls, payment processing fees, regulatory surcharges, or service provider costs. These are collected by ROOO on behalf of the respective third parties and passed on to users or driver partners, as applicable.

Third Party Provider means any external entity or service engaged by ROOO to support its operations or deliver services. This includes payment processors, insurance companies, background check services, and regulatory authorities. These providers operate independently of ROOO and are responsible for their respective services.

User Generated Content means any form of content, including text, videos, reviews, that is created by users and published on online platforms.

  1. TERM AND TERMINATION
    • Scope of these Terms
      • ROOO Services may be provided by ROOO or, if specified in these Terms or any supplemental terms, affiliates of ROOO. Your access and use of the ROOO Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ROOO.
      • If you do not agree to these Terms, you may not access or use the ROOO Services. These Terms expressly supersede prior agreements or arrangements with you.
      • ROOO offer a wide range of ROOO Services, and sometimes additional terms may apply. When you use an ROOO Service you also will be subject to the guidelines, terms and agreements applicable to that service. Any policies mentioned on the ROOO website will be incorporated into these Terms.
    • Amendments
      • ROOO may periodically amend the Terms, and any supplemental terms or policies (including the “Code of Conduct”, available at rooo.com.au related to the ROOO Services from time to time.
      • Amendments will be effective upon posting of such updated Terms at this location or the amended supplemental terms or policies on the applicable ROOO Service or at this location (as the case may be). Your continued access or use of the ROOO Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, policies, and supplemental terms, as amended.
    • Restriction of the ROOO Services

ROOO may restrict you from accessing or using the ROOO Services, or any part of them, immediately, without notice, in circumstances where ROOO reasonably suspects that:

  • you have, or are likely to, breach these Terms;
  • you do not, or are likely not to, qualify, under applicable law or the standards and policies of ROOO, to access and use the ROOO Services; and/or
  • you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of:

(i) a report made to ROOO (or its affiliate) by a third party;

(ii) service refusal (e.g. due to intoxication); and/or

(iii) a review of your purchases of regulated items using the Application.

  • Termination of the ROOO Services

ROOO may terminate these Terms or any ROOO Services with respect to you, or generally cease offering or deny access to the ROOO Services or any portion thereof immediately, where ROOO reasonably suspects that:

  • you have, or are likely to, materially breach these Terms;
  • you do not, or are likely not to, qualify, under applicable law or the standards and policies of ROOO, to access and use the ROOO Services; and/or
  • you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of:
    • a report made to ROOO (or its affiliate) by a third party;
    • service refusal (e.g. due to intoxication); and/or
    • a review of your purchases of regulated items using the Application.

Without limiting its other rights under these Terms, ROOO may immediately restrict or deactivate your access to the ROOO Services if you breach the Code of Conduct at any time. You may terminate these Terms or stop using the ROOO Services, at any time, for any reason.

  • Privacy
    • Our collection and use of personal information in connection with the ROOO Services is as provided in ROOO’s Privacy Policy, available at com.au
    • ROOO 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.
  1. SERVICES
    • The ROOO Services
      • ROOO will provide the ROOO Services to you in accordance with these Terms. The ROOO Services constitute the provision of a technology platform that enables you, as a user of ROOO’s applications or websites (each, an Application) to arrange and schedule certain services with independent third party providers of those services that have an agreement with ROOO or its affiliates (Third Party Providers).
      • The ROOO Services are made available solely for your personal, non-commercial use, unless ROOO has agreed with you otherwise in a separate agreement. You acknowledge that:
        • ROOO does not provide transportation services or function as a transportation carrier;
        • all such transportation services are provided by independent third party contractors who are not employed by ROOO or any of its affiliates
      • Third Party Providers are solely responsible for the services they provide to you.
    • Licence

Subject to your compliance with these Terms, ROOO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to:

  • access and use the Applications on your personal device solely in connection with your use of the ROOO Services; and
  • access and use any content, information and related materials that may be made available through the ROOO Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by ROOO and ROOO’s licensors.
  • Restrictions

You may not:

  • remove any copyright, trademark or other proprietary notices from any portion of the ROOO Services;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the ROOO Services except as expressly permitted by ROOO;
  • decompile, reverse engineer or disassemble the ROOO Services except as may be permitted by applicable law;
  • link to, mirror or frame any portion of the ROOO Services;
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the ROOO Services or unduly burdening or hindering the operation and/or functionality of any aspect of the ROOO Services; or
  • attempt to gain unauthorised access to or impair any aspect of the ROOO Services or its related systems or networks.
  • Third Party Services and Content
    • The ROOO Services may be made available or accessed in connection with third party services and content (including advertising) that ROOO does not control.
    • Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. ROOO will not warn you that you have left the ROOO Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider.
    • You use all links in third-party websites and advertisements at your own risk as these are not part of the ROOO Services and are not controlled by ROOO.
    • You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. ROOO does not endorse such third party services and content and in no event shall ROOO be responsible or liable for any products or services of such third party providers.
  • Ownership

The ROOO Services and all rights therein shall remain ROOO’s property or the property of ROOO’s licensors. Neither these Terms nor your use of the ROOO Services convey or grant to you any rights:

  • in or related to the ROOO Services except for the limited licence granted above; or
  • to use or reference in any manner ROOO’s company names, logos, product and service names, trademarks or service marks or those of ROOO’s licensors.
  • Active Area
    • The services that you may request using the ROOO Services are available in designated areas as communicated via the Application from time to time (Active Area). ROOO does not guarantee that you will be able to use the ROOO Services to request any such services in the ROOO Active Area at all times.
  1. USE OF THE ROOO SERVICES
    • User Accounts
      • In order to use most aspects of the ROOO Services, you must register for and maintain an active personal user ROOO Services account (Account). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific ROOO Service permits otherwise.
      • Account registration requires you to submit to ROOO certain personal information, such as your name, address, mobile phone number, 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 ROOO 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 ROOO in writing, you may only possess one Account.
    • User Requirements and Conduct
      • The ROOO Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers, unless they are accompanied by you. 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 the ROOO Services, and you may only access or use the ROOO Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these Terms.
      • You will not, in your use of the ROOO Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including ROOO, its affiliates or any of their employees, agents or contractors.
      • In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the ROOO Services, and you agree that you may be denied access to or use of the ROOO Services if you refuse to provide proof of identity or other method of identity verification.
    • Commercial Electronic Messaging
      • By creating an Account or accessing the ROOO Services, you agree that ROOO or its affiliates may send you commercial electronic messages (including email, SMS, or push notifications, where applicable) as part of the normal business operation of your use of the ROOO Services.
      • You agree that ROOO and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt out of receiving commercial electronic messages from ROOO at any time by sending an email at Customers@rooo.com.au.
      • You acknowledge that opting out of receiving commercial electronic messages may impact your use of the ROOO Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are essential for your experience.
    • Promotional Codes
      • An ROOO 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 ROOO affiliate establishes on a per promotional code basis (Promo Codes).
      • You agree that Promo Codes:
        • must be used for the intended audience and purpose, and in a lawful manner;
        • 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 ROOO affiliate;
        • may, as permitted by law, be disabled by ROOO or its affiliate at any time without liability to ROOO or its affiliate;
        • may only be used pursuant to the specific terms that the ROOO affiliate establishes for such Promo Code;
        • are not valid for cash; and
        • may expire prior to your use.
      • The ROOO 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 in the event that the ROOO 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 Terms.
    • User-Provided Content
      • ROOO may, in ROOO’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ROOO through the ROOO Services textual, audio, and/or visual content and information, including commentary and feedback related to the ROOO Services and Third Party Providers, initiation of support requests, and submission of entries for competitions and promotions (User Generated Content).
    • Network Access and Devices
      • You are responsible for obtaining the data network access necessary to use the ROOO Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the ROOO 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 ROOO Services and Applications.
      • ROOO does not guarantee that the ROOO Services, or any portion thereof, will function on any particular hardware or devices. In addition, the ROOO Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  1. SUBSCRIPTION
    • Membership Fees
      • The current membership fees, the available membership model and the duration of the memberships(s) are outlined on the website rooo.com.au.
      • From time to time, we may offer different membership programs, and the fees and terms for such different memberships may vary. All amendments to our membership programs will be outlined on our website.
    • Autorenewal/Payment
      • Unless you notify us at least 30 days before the next due date of your membership fee that you do not want to automatically renew your membership, you acknowledge and agree that your membership will automatically continue, and you authorise us to charge the then applicable periodic membership fee using your preferred method payment.
    • Payment Method
      • If your preferred payment method becomes invalid during your membership period, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file.
      • If all your payment methods are declined, you must provide us with a new eligible payment method within 30 days if you have an annual membership, or within 6 days if you have a monthly membership.
      • If you fail to provide a new eligible payment method within the applicable time period, your membership will be cancelled.
  1. PAYMENT
    • You understand that use of the ROOO Services may result in charges to you for the services you receive from a Third Party Provider (Third Party Charges). ROOO will facilitate your payment of the applicable Third Party Charges on behalf of the Third Party Provider. Payment of the Third Party Charges in such manner 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 ROOO 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 ROOO Services, or other remedies for a minor failure. You retain the right to request lower Third Party Charges from a Third Party Provider for transportation services received by you from such Third Party Provider when you receive such services. An ROOO 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, and payment will be facilitated by ROOO using the preferred payment method designated in your Account, after which you will be sent a receipt by email (except where the Third Party Provider is issuing the receipt directly to you). If your primary Account payment method is determined to be expired, invalid or otherwise unable to be charged, you agree that ROOO may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available.
    • You acknowledge that an ROOO affiliate may, acting reasonably, establish, remove and/or revise Third Party Charges for any or all services obtained through the use of the ROOO Services at any time at the direction of the Third Party Provider or otherwise in the ROOO 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.
    • You acknowledge and agree that Third Party Charges applicable in certain geographical areas may increase substantially during times of high demand. ROOO will use reasonable efforts to ensure the ROOO 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 an ROOO 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 obtained through the use of the ROOO Services, and 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 ROOO Services or the Third Party Charges applied to you.
    • This payment structure is intended to compensate the Third Party Provider for the services 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 obtained through the ROOO Services, you are under no obligation to do so. All gratuities are voluntary.
    • After you have received services obtained through the ROOO Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
  • Cancellations
    • You may elect to cancel your request for transportation services from a Third Party Provider at any time prior to their arrival, in which case you may be charged a cancellation fee, subject to ROOO or its affiliate’s cancellation policies.
    • If the transportation services are cancelled for any reason not attributed to you in accordance with ROOO’s or its affiliate’s cancellation policies, you will be entitled to a refund for any charges paid.
    • 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 the use of the ROOO Services under your Account in excess of normal “wear and tear“ damages and necessary cleaning (Repair or Cleaning).
    • In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by an ROOO affiliate in the affiliate’s reasonable discretion, ROOO 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. ROOO will transfer such amounts to the applicable Third Party Provider and are non-refundable.

 

 

  1. DISCLAIMERS
    • Platform Clause
      • You acknowledge that the ROOO Service is only intended to facilitate the interactions between the users, and ROOO does not offer any services other than the ROOO ROOO holds no liability to you arising from the conduct of other users you interact with through the Service.
    • Limitation 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 ROOO and its Affiliates
      • The limitations and disclaimer in this section 5 apply to the liability of ROOO and its affiliates under these Terms, including in relation to any of the ROOO Services.
    • Disclaimer
      • Except as required of ROOO and its affiliates under the consumer guarantees, the ROOO Services are provided “as is” and “as available”. ROOO and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these 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 ROOO Services or that the ROOO Services will be uninterrupted or error-free.
      • You agree that the entire risk arising out of your use of the ROOO Services, and any services requested by you or on your behalf through the use of the ROOO Services, remains solely with you, to the maximum extent permitted under applicable law, including the Australian Consumer Law.
  1. LIABILITY
    • Limitation of Liability
      • If you are acquiring services as a consumer, ROOO’s liability for a failure to comply with a consumer guarantee is limited to, in the case of services supplied to you as part of the ROOO Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.
      • In no event shall ROOO’s or its affiliates’ total combined liability to you in connection with the ROOO 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 (AU$1,000).
    • Exclusion of Liability
      • ROOO’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these Terms that is not a breach of a consumer guarantee is also limited in the following way:
        • ROOO 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 ROOO Services, even if ROOO or its affiliate has been advised of the possibility of such damages.
      • ROOO and its affiliates shall not be liable for any damages, liability or losses arising out of:
        • your use of or reliance on the ROOO Services or your inability to access or use the ROOO Services; or
        • any transaction or relationship between you and any Third Party Provider or ROOO affiliate, even if ROOO or its affiliate has been advised of the possibility of such damages. ROOO and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond ROOO’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.

 

 

  • Complaints
    • ROOO or its affiliate will maintain a complaints management framework and manage this framework for ROOO and its affiliates, and on behalf of Third Party Providers, in a reasonable way and in accordance with the non-excludable requirements of the Australian Consumer Law.
  1. INDEMNITY
    • You agree to indemnify and hold ROOO and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
      • your use of the ROOO Services or services obtained through your use of the ROOO Services;
      • your breach or violation of any of these Terms;
      • ROOO’s use of your User Generated Content; or
      • 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, ROOO or its affiliate directly caused or contributed to any such Losses.
  2. 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 ROOO Services or these Terms, including those relating to its validity, construction or enforceability (Dispute).
    • ROOO operates a complaints process to allow you to make complaints about ROOO, an ROOO affiliate or other Third Party Providers. ROOO or its affiliate also manages refunds to you in relation to those complaints. ROOO or its affiliate will operate this complaints process in a reasonable manner.
    • In addition, you may have the right to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the Australian Consumer Law. Except as otherwise outlined in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of South Australia, Australia, excluding its rules on conflicts of laws.
    • In the event of a Dispute, either party may file an action in the courts of South Australia, 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 correspondence, 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:
      • the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
      • the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
  1. OTHER PROVISIONS
    • Notice
      • ROOO may give notice by means of a general notice on the ROOO Services, electronic mail to your email address in your Account, or by written communication sent to your address as outlined in your Account. You may give notice to ROOO by written communication to ROOO’s address at Attn: Customers@rooo.com.au
    • App Stores
      • 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 Terms are between you and ROOO and not with the App Store and that ROOO is responsible for the provision of ROOO Services as described in these Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms.
      • Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user”. In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.
    • General
      • You may not assign or transfer these Terms in whole or in part without ROOO’s prior written approval. You give your approval to ROOO for it to assign or transfer these Terms in whole or in part, including to:
        • a subsidiary or affiliate;
        • an acquirer of ROOO’s equity, business or assets; or
        • a successor by merger.
      • No joint venture, partnership, employment or agency relationship exists between you, ROOO or any Third Party Provider as a result of the contract between you and ROOO or use of the ROOO Services.
      • If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms, but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part 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 Terms.
      • These Terms, including any incorporated policies, 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. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law. In these Terms, the words “including” and “include” mean “including, but not limited to”.
  1. REQUIREMENTS
    • Application

ROOO may check your compliance with this section 12 at any time, and you must provide them with documentation that ROOO deems sufficient to confirm this. If you breach section 12 at any time, ROOO may, without liability, stop, deactivate, or restrict your access to all ROOO Services.

  • Requirements of ROOO Drivers
    • To be a ROOO driver, you must meet the applicable requirements of the State or Territory you wish to use ROOO Services in, including (but not limited to);
      • Be at least 20 years of age;
      • Hold a valid, unrestricted driver’s licence in accordance with state and territory requirements;
      • Have held a valid, unrestricted driver’s licence for at least 6 months;
      • Have citizenship, residency or a visa with the status that gives you the right to work in Australia;
      • Have a vehicle that meets ROOO’s requirements;
      • Be GST registered and provide an Australian Business Number (ABN); and
      • Any other requirements set out in Annexure A (State/Territory Requirements).
    • Insurance Requirements
      • All cars used by ROOO drivers for ROOO Services must at all times be;
        • road registered and insured for compulsory third party (CTP) in accordance with the applicable requirements of the State or Territory you wish to use ROOO Services in; and
        • insured for a minimum of third-party property damage, with the driver as the policyholder or named insured driver.
      • For further information on the applicable State or Territory in you requirements refer to the following section of the Annexure A;
        • South Australia – Part 1
        • Victoria – com.au
        • New South Wales – rooo.com.au
        • Western Australia – rooo.com.au
        • Northern Territory – rooo.com.au
        • Queensland – com.au
  1. INDEPENDENT CONTRACTOR – GST
    • In relation to the ROOO Services, you are responsible for completing all tax registration obligations, calculating and remitting all liabilities, and paying taxes related to your provision of use as required by law.
    • You must provide ROOO with any information reasonably requested by ROOO in order to comply with any obligations imposed under any applicable law relating to Tax.
  • Shift Times
    • As an independent contractor, each individual using ROOO Services is eligible to work their own hours.
    • However, ROOO is committed to the safety of all road users, and driving for extended periods can lead to fatigue, impaired concentration, and an increased risk of accidents.
    • Refer to the Code of Conduct available at rooo.com.au to assist with managing driver fatigue.
  • Subleasing
    • Under no circumstances are users of the ROOO Services allowed to sublease their approvals, vehicles or allow other individuals to access to the use of ROOO Services via their account.
    • In the event these terms are breached, ROOO may immediately restrict or deactivate your access to the ROOO Services.
  1. Policies on Bookings
    • All bookings and payments made for the provisions of ROOO Services must be made via the application.
    • ROOO Services will not be liable for the collection, distribution, or payment of any taxes in relation to any bookings. The independent contractor agrees to take full responsibility for all taxes and fees of any nature associated with using ROOO Services.
    • In the event a dispute arises out of or in connection with a booking, a dispute can be raised by emailing us support@rooo.com.au
      • Each party has up to seven (7) days after the booking to raise a dispute.
      • If a dispute is raised, the parties have twenty (20) days to communicate and reach an amicable resolution. If the dispute is not resolved during this period, then a party can escalate to a claim.
      • If a claim is raised by a party, the other party must respond to the claim within ten (10) days.
      • The other party can offer to issue a full or partial refund, or choose to disagree and contest the claim.
      • If the other party disagrees with the claim, a claims specialist will review the claim and decide the outcome, then notify the parties.
      • Failure to respond to a claim will result in the claim being decided in failure of the party raising the claim.
  1. Charging
    • All information regarding charges and fee schedules is available at rooo.com.au
    • If you do not agree with any terms outlined in the fee schedule, you must immediately stop using the ROOO Services.
  2. Complaint Handling
    • Any complaints that arise from the use of ROOO Services are to be sent through to support@rooo.com.au or uploaded through the application.
    • We endeavour to get back to all complaints in a timely manner and handle all matters in accordance with our Customer Service Charter, available at rooo.com.au
  3. Occupational Health & Safety
    • ROOO plays a role in helping to create a safe environment for all individuals using the ROOO Services.
    • According to industry safety and maintenance standards, Drivers must maintain their vehicles with brakes, seatbelts, and tyres in good operating condition.
    • Drivers must always have a first aid kit and sealed bottled water accessible and readily available in the motor vehicle when using ROOO Services.
    • Drivers must comply with road and traffic rules when using the ROOO Services.
    • Every individual using a vehicle must always wear a seatbelt. In circumstances where there are not enough seatbelts for every passenger, the driver using ROOO Services must decline the ride.
    • When using ROOO Services, you have a legal responsibility to assess your level of fatigue prior to logging on and throughout your driving time.
    • ROOO has implemented a Code of Conduct available at rooo.com.au to ensure drivers and riders feel safe, respected, and at ease while using ROOO Services. Failing to live up to the Code of Conduct is a failure to live up to community expectations and may result in suspension or disqualification from ROOO’s Services.
    • ROOO may take additional measures to try to preserve the safety of the ROOO Services during public emergencies, including but not limited to, natural disasters, public health emergencies and public crisis situations.

ANNEXURE A – STATE/TERRITORY REQUIREMENTS

PART 1 – SOUTH AUSTRALIA

  • Working with Children Check (WWCC)
  • Vehicle Inspection
    • To use the ROOO Services, a vehicle safety inspection by a government-accredited vehicle inspector is required.
    • The following are government- accredited vehicle safety inspectors in South Australia;
      • Royal Automobile Association (RAA);
      • Rightways Automotive Services (RAS); and
      • Redbook Inspect.
    • More information regarding the government accredited vehicle inspection in South Australia can be found here: https://www.sa.gov.au/topics/driving-and-transport/industry-services/taxi-and-passenger-transport/vehicle-standards-and-signage.
    • Once your vehicle has been inspected, send a copy of your Certificate of Inspection to drivers@rooo.com.au or alternatively upload a copy through the website.
    • The Certificate of Inspection is valid for 12 months from its issuance. To continue using ROOO Services, you must obtain a new Certificate of Inspection each year.
  • Certificate of Fitness
  • Operator Accreditation (OA)
  • Small Passenger Driver Accreditation (SP DA)
    • ROOO requires you to obtain a small passenger driver accreditation.
    • To be eligible for this accreditation, you must;
      • Hold a current full driver’s license, not subject to any conditions.
      • Have held a full Australian driver’s licence for a minimum of six months.
      • Be eligible to work within Australia.
      • Be able to speak, read and write English competently.
      • Have a valid Working with Children Check.
      • Have a National Criminal History Check.
      • Meet minimum requirements for fitness, medical and eyesight assessment by a medical practitioner in accordance with the National Assessing Fitness to Drive guidelines for commercial vehicles.
      • Operator accreditation
    • Go to your nearest Service SA branch, to get your Driver Accreditation. The following documents will be required;
      • Driver’s Licence or Passport
      • Certificate of Fitness
      • Proof of vehicle inspection
      • Certificate of Currency for your car insurance policy
    • Once you have received your Driver Accreditation, email a copy to drivers@rooo.com.au or alternatively upload a copy through the website.
  • Signage Requirements