Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY CHANGES FROM TIME TO TIME:
- SCOPE OF SERVICE AND TERMS OF AGREEMENT
Shofer’s terms and conditions of use, including any amended terms (“Terms”) govern the use by any person (the “User”) of Shofer’s services by making use of our electronic mobile application (the “Shofer App”). The Shofer App refers to our mobile applications, including our websites, contents products, and services (“Services”) made available by Shofer, and/or by any of its subsidiaries and affiliates (collectively referred to as, “Shofer”).
In these Terms, the words “including” and “include” mean “including, but not limited to” and “use” will include “access to or accessing of” our Services.
Shofer may, at any time and from time to time, change these terms and conditions. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on Shofer’s electronic platform. You agree to review these terms and conditions periodically before you continue to make use of our Service. Use of Shofer’s Service following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
- THE SERVICES
Our Services are based on a technology platform. By making use of our Shofer App, we enable Users to arrange and schedule transportation in a safe and convenient manner by making use of a mobile device. Our Services are rendered for personal non-commercial transportation purposes only, unless otherwise agreed to by Shofer (Please note, amended terms will apply in the event of alternative arrangements). All additional or amended terms are read in line with these Terms. Revised terms will prevail in the event of any conflict or uncertainties.
The User is granted temporary access to the Shofer App solely for use of Shofer’s Services subject to these Terms (and as amended from time to time).
The User undertakes to only make use of the Shofer App for purposes to use and enjoy Shofer’s Service under these Terms (“the Intended Purpose”). Use in any other shape, manner or form or any portion of the Shofer App will regard the User in
breach of the Agreement and will result in claims for infringement of Shofer’s intellectual property.
- THIRD PARTY PROVIDERS AND CONTENT
- USER ACCOUNTS
The User must register an account to access certain aspects of Shofer’s Services.
The User must be 18 years or older and accepts full responsibility to maintain accurate, complete, and up-to-date information and to maintain the security and secrecy of the User’s Account.
Users are restricted to one account per phone number.
The User accepts full responsibility for activities on the account and agrees to use the account for the Intended Purpose only. Shofer accepts no responsibility for any activities on the account other than for the rendering of Services as required by the User from time to time.
The User agrees to receive informational communications from time to time.
These may include but are not limited to SMS (Short Messaging Service), E-Mail & Push Communications. The User may opt-out of receiving such communications at any time by contacting firstname.lastname@example.org Please note that opting out of such communications may impact your use of the Services, which is beyond the control of Shofer.
6.2 Promotional codes
Shofer may, in Shofer’s sole discretion, offer benefits, promotions, and/or loyalty programmes on a campaign-to-campaign basis. The benefits, features and details will be communicated to the User from time to time and may be subject to revised terms.
Promotional codes are unable to be redeemed on pre-booked rides. This includes first time user codes.
6.2.1 Promotional codes – First Time Rider
First time rider codes are only valid when redeemed at signup.
First time rider codes cannot be redeemed after the User has signed up.
Signing up is defined as: “The account being created by the storage of an
e-mail address & phone number”.
6.3 Network access and devices
The User is responsible for their own data network access and to adapt or use compatible hardware or devices to ensure efficient access to the Shofer App and Services. The User’s own mobile network data and messaging rates will apply and the costs thereof does not form part of our Service fee. Shofer does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the User acknowledges that Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications or devices.
Services are rendered subject to payment of Shofer’s fees (and/or any third party provider’s fees) and related charges for the use and enjoyment of the Service. Payment will be made directly to Shofer. Payment of charges are final and non-refundable, unless specifically otherwise determined by Shofer.
Calculation of ride is based on a fixed price as per time and date of request provided by mapping data including live traffic information provided by Google Maps. From time to time changes in traffic on route may cause variations in final amount charged. Trip rate is charged at $1.35 per km and 50cents per minute. Minimum Fare is $6.00
7.2 Cancellation fee
The Minimum fare ($6) is automatically charged in the event the User cancels a ride request; 5 minutes from ride submission.
7.3 Failed Payments
In the event that the credit card transaction is not successful Shofer will continue to retry transaction charge until payment has been processed. Shofer reserves the right to suspend The User until payment has been processed.
7.4 Soiling Penalty
In the event that a passenger in the vehicle either directly or indirectly associated with the requesting rider soils the vehicle, (urination, vomit, drink spill) Shofer Pty Ltd reserves the right to charge for cleaning/repair fees.
The penalty for a single soiling event is $100 which will be charged to the requesting rider.
- INTELLECTUAL PROPERTY
Shofer (and/or its third party service providers) owns the exclusive intellectual property rights, more specifically, the trading names, trademarks, websites and its contents, patents, designs, business name, logo, identifying insignia, confidential information and
copyright in relation to the Shofer App and Service under the name and style of Shofer.
The User understands and accepts that Shofer is and will remain the proprietor of all the intellectual property and copyrights (whether registered or not, now or in the future) and use of the Service by the User will not grant to the User any right, title or interest in or to any aspect of the intellectual property and/or copyrights.
The User understands and agrees that access and usage of the Service in relation to the Intellectual Property is solely for purposes to temporary use and enjoy the Service provided under these Terms and does not confer rights, goodwill or other interest in the intellectual property of Shofer.
Any unauthorized use of any of the intellectual property by the User shall constitute a material breach of this Agreement and may render the User liable for acts of infringement.
DISCLAIMER (INCLUDES BOTH THE LIMITATION OF LIABILITY AND INDEMNITY)
The User accepts any and all risk arising in connection with the use of the Shofer App and Services and the User fully indemnifies Shofer its officers, directors, employees, agents and third party service providers harmless from any and all claims, demands, damages (both direct and indirect), financial or personal losses, bodily harm or injuries, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with the Shofer App and related Services.
The User agrees that Shofer’s total liability for any claims for loss or damages resulting from any gross negligent conduct or intentional actions or default actions by Shofer in any manner whatsoever will not exceed the amount of $50.00 per event.
The User acknowledges and agrees that the limitations set forth above are fundamental elements of this agreement and access and use of Shofer’s Service would not be provided to the User absent such limitations.
This disclaimer does not purport to limit liability or alter the User’s rights as a consumer that cannot be excluded under applicable law.