SHEBAH USER TERMS
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you, the Account holder, and Shebah. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
Shebah may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Shebah reasonably suspects that:
Shebah may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
Without limiting its other rights under these Terms, Shebah may immediately restrict or deactivate your access to the Services if you breach these Terms or Shebah service policies at any time.
You may terminate these Terms at any time, for any reason.
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.
Shebah may amend the Terms, any policies or supplemental terms related to the Services from time to time. Shebah 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 Shebah’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.
THE SHEBAH SERVICE
These Terms govern the supply within Australia by Shebah Pty Ltd (ACN 612 227 951) (Shebah) to you of transportation arrangement and related services (the Service).
Your use of the Service 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 the Service. Shebah may amend or terminate these Terms or the Service at any time and for any reason.
Shebah is not a transportation carrier, and does not provide transportation services. All transportation services are provided by independent contractors (Third Party Providers), who are not agents of or employed by Shebah.
The Service is a technology platform that enables users of Shebah’s App, through mobile devices or on its website, to arrange transportation services with Third Party Providers, and includes related services such as use of the website, payment facilitation, associated content and other products Shebah makes available to users.
App Licence – Shebah grants you a limited, non-exclusive, revocable, non-transferrable license to access and use the App and materials we provide solely in connection with your use of the Service, and in accordance with these Terms. You may not without Shebah’s permission: modify or copy the App or Shebah materials; use the App or materials for any commercial purpose or public display; attempt to decompile or reverse engineer any software contained on the App; or replicate the App or materials on a server.
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.
Disputes – you may raise a dispute with Shebah about any aspect of the Service or transportation arranged through the Service, by following the process on the App.
USE OF THE SERVICE
User Accounts – In order to use the Service you must register for and maintain an active personal user Service account (Account). The holder of the account is the owner of the valid credit card entered into the Account (Account holder). You may only obtain an Account if you are female and at least 18 years of age, a female under 18 years of age who is a dependent of an Account holder, or a you intend for the Service only to be used for bookings you make on behalf of a female dependent. You may not authorise non-dependent third parties to use your Account. You may not transfer your Account to any other person or entity. An invalid or expired payment method on your Account may prevent you using the Service.
Passenger Requirements and Conduct – you may only use the Service to arrange transport for yourself and other passengers who are: adult females; children under the age of 18 accompanied by an adult female; unaccompanied female dependents of the Account holder under the age of 18; and unaccompanied male dependents of the Account holder under the age of 13. You must not invite or allow any person outside those categories to be a passenger. If there is no adult passenger, the Third Party Provider must have a contact phone number of the Account holder, and you must be contactable at all times during the transportation. In all cases, the Account holder is liable to pay all charges.
Any passenger may be asked to provide proof of age or identity to access or use the Service or transport arranged through the Service, and you agree that you may be denied access to or use of the 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 the Service and in the course of transport, and must not cause nuisance, annoyance, inconvenience, or property damage to a Third Party Provider.
Device and network usage – Shebah does not guarantee that the Service will function on any particular hardware or devices. The Service 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. Your mobile network’s data and messaging fees apply.
Breach and termination – If you use or attempt to use the Service in breach of any Term, Shebah may charge you a cancellation or breach charge as notified on the App or website, and may terminate your Account.
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 Shebah 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.
Promotional Codes – Shebah may, in Shebah’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Shebah establishes on a per promotional code basis (“Coupons”). You agree that Coupons: (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 Shebah; (iii) may be disabled by Shebah at any time for any reason without liability to Shebah; (iv) may only be used pursuant to the specific terms that Shebah establishes for such a Coupon; (v) are not valid for cash; and (vi) may expire prior to your use. Shebah reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Coupons by you or any other user in the event that Shebah reasonably determines or believes that the use or redemption of the Coupon was in error, fraudulent, illegal, or in violation of the applicable Coupon terms or these Terms.
User Provided Content – Shebah may, in Shebah’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Shebah 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 Shebah, you grant Shebah 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 Shebah’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, licenses, consents and releases necessary to grant Shebah 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 Shebah’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 to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Shebah in its sole discretion, whether or not such material may be protected by law. Shebah may, but shall not be obligated to, review, monitor, or remove User Content, at Shebah’s sole discretion and at any time and for any reason, without notice to you.
CHARGES AND PAYMENT
Use of the Service will result in charges to you for transportation you arrange with Third Party Providers, as notified to you on the App or at the time of the transportation (Charges). After transportation has been arranged through your use of the Service, Shebah will facilitate your payment of the applicable Charges to the Third Party Provider. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Shebah.
Charges are due at the time you use the Service. Payment will be facilitated by Shebah using a payment method designated in your Account, after which Shebah will send you a receipt by email. You may cancel your request for transportation from a Third Party Provider at any time prior to the Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
Other charges, such as for waiting time or failing to use the transportation after the Third Party Provider has arrived, may be notified to you on the App or by the Third Party Provider. You agree that Shebah may charge all such Charges to your Account without need to notify you or obtain your consent.
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 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 Shebah in Shebah’s reasonable discretion, Shebah 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 Shebah to the applicable Third Party Provider and are non-refundable.
No guarantee – Shebah does not warrant or provide any guarantees in relation to the use of the Service, the reliability of information provided to you through the App, nor the availability or functionality of the App. Shebah has policies as notified on the Shebah website and App designed to promote the provision of quality transportation by Third Party Providers, but Shebah does not guarantee the quality, timeliness or safety of transportation services. You accept the risks arising out of your use of the Service and in the nature of transportation services to the maximum extent permitted by law.
Limitation of liability – You agree that Shebah is not liable for: delay or inability to provide the Service due to events beyond our control; the operation and maintenance of Third Party Providers’ vehicles; the actions or inactions of Third Party Providers; 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.
Indemnity – you are liable for and agree to indemnify Shebah 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.
Governing Law – these Terms are governed by and construed in accordance with the laws of Victoria, Australia and you accept the exclusive jurisdiction of its courts.