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This Passenger Agreement, together with any of its Schedules and Attachments (Terms), details the agreement between you and Turvy Pty Ltd (ACN 611 622 894). Turvy governs your use of the Turvy Rider App and platform (Rider App), which facilitates the provision of point-to-point transportation services (Transportation Services) requested by you via the Rider App.
In these Terms, "Passenger ", "you ", "your", and "yours" refer to the person using the Rider App and "we ", "us", and "our" refer to Turvy.
To access the Rider App and receive Services, you must register as a Passenger. By registering as a Passenger, you confirm your acceptance of these Terms and our Privacy Policy available at australia.turvyglobal.com for Australia and newzealand.turvyglobal.com for New Zealand (Site) and or the Rider App. These Terms will come into effect on the date you register as a Passenger of the Rider App and is a binding legal agreement between you and us.
These Terms must be read together with all applicable documents, including but not limited to Turvy's Passenger Code of Conduct, Passenger Software Use and Licence Agreement, Complaint Handling Policy, Privacy Policy, Anti-Fraud Policy, and Cancellation Policy.
Whilst you must comply with Turvy's policies as amended from time to time, those policies themselves do not form part of these Terms, nor do they constitute contractual terms and conditions with Turvy.
You must not access or use the Rider App if you do not agree with these Terms.
If you have any questions regarding these Terms, please get in touch with us at help@turvy.net.
1. PASSENGER REGISTRATION
1.1 To be eligible to register on and use the Rider App, you must:
(a) be over 18 years old and legally able to enter contracts;
(b) have a valid payment method; and
(c) agree to comply with these Terms and any requests from Turvy to provide accurate and valid information relevant to your use of the Rider App.
1.2 You will be asked to allow Turvy various permissions for the Rider App to function correctly. For example, suppose you are using the IOS system. In that case, you may be asked words to the effect of "Allow Turvy to access photos, media and files on your device", and if you are using the Android system, you will be asked words to the effect of "Storage permission is required by Turvy. Including Read/Write/Delete External Storage".You acknowledge and give the necessary permissions to Turvy, including accessing your photos and files to set your profile picture and facilitate communication between you and the drivers through the Rider App.
1.3 You acknowledge and agree that Turvy will collect, hold, use and disclose any personal information you provide to Turvy, including credit-related personal information, by our Privacy Policy.
1.4 You warrant that your information to us is true, accurate and complete, and you acknowledge that Turvy reserves the right to verify your information.
1.5 Turvy reserves the right to refuse registration at its sole discretion
2. OUR ROLE
2.1 "Affiliates" refers to any company or entity controlled by, controlling, or under common control or in a partnership or joint venture with Turvy
2.2 You acknowledge that Turvy (or any Affiliate) is not an owner or driver of vehicles or an employer of drivers. You also believe that Turvy does not provide Services and is not a carrier or a common carrier. Therefore, unless explicitly specified otherwise, Turvy's responsibilities are limited to the following:
(a) facilitating the use and making available the Rider App; and
(b) in the case of Services, serving as the limited payment collection agent of each driver to accept and process payments from Passengers on behalf of the driver.
2.3 In New Zealand, drivers may operate under Turvy's Transport Service Licence (TSL). In this situation, Turvy will be considered a Transport Service Operator for the Land Transport Act 1998 (NZ) and the Land Transport Rule: Operator Licencing 2017 (NZ). Accordingly, Turvy's responsibilities and obligations will include those set out in the relevant legislation.
2.4 From time to time, Turvy may (on behalf of the driver if in New Zealand) offer promotions or discounts to some or all Passengers that may have the effect of you paying the driver a lower amount than would otherwise have been the case.
3. YOUR OBLIGATIONS
3.1 You agree that when you use the Rider App, you will:
(a) comply with all applicable laws, regulations and rules;
(b) comply with these Terms, including the Passenger Code of Conduct, and any other Schedule or Attachment to these Terms;
(c) comply with our policies and procedures, including our Complaint Handling Policy, Privacy Policy and Anti-Fraud Policy;
(d) comply with any relevant terms and conditions applicable to your use of the Rider App, including without limitation Turvy's Passenger Software Use and Licence Agreement and any promotion or discount terms and conditions;
(e) if you arrange a ride on behalf of someone else, provide the name, location, phone number and other information about that person so that they can use our services (and by providing this information, you warrant that you have obtained their consent to share that information with us);
(f) not use it to arrange a ride on behalf of someone who is less than 18 years old;
(h) Do not use it for any illegal, fraudulent, harmful purpose, or another purpose contrary to Turvy's values.
4. CHANGES TO TERMS
4.1 We may at any time, in our sole discretion, propose changes to these Terms, including any of its Schedules and Attachments or any other document referenced in these Terms. These changes will apply automatically when made available to you or published on our website.
4.2 If you do not agree to a proposed change, you may terminate these Terms by deleting your account immediately without penalty or notice to us by clause 14.3.
4.3 If you continue to use the Rider App after any change to these Terms has been made available to you or published on our website, or you otherwise indicate acceptance to us of any change to these Terms, you will be taken to have accepted such change from the date of your first use or acceptance.
5. PRODUCT OFFERINGS
5.1 When using the Rider App, you may have access to multiple product offerings from us about Services including, but not limited to, "TurvyFM", "TurvyST", "TurvySV", "And TurvyPET", "TurvyLUX" and "TurvyEX".
6. CANCELLATIONS
6.1 You may cancel a booking request before a driver accepts the booking request without paying a cancellation fee.
6.2 A cancellation fee may be payable if you cancel an accepted booking request under the Cancellation Policy's circumstances.
7. COMMUNICATIONS
7.1 The Rider App allows you to contact a driver who has accepted your booking service request via call or message anonymously to facilitate the provision of Services. You acknowledge and agree that to enable this functionality, you will be asked to allow Turvy to access your media files to enable this functionality. If you are using an IOS system, you will be asked words to the effect of "Allow Turvy to access photos, media and files on your device", and if you are using an Android system, you will be asked words to the effect of "Storage permission is required by Turvy. Including Read/Write/Delete External Storage".
7.2 If you use this functionality, Turvy will record all communications (voice and text) made and received with drivers through the Rider App for safety, monitoring and quality assurance purposes, analytical purposes to improve our services, investigate, and deal with disputes and complaints. By using this functionality, you consent to Turvy recording and using these communications by the provisions of our Privacy Policy.
8. REPORTING INAPPROPRIATE CONDUCT
8.1 If you have a driver who you feel is acting or has misbehaved, including but not limited to:
(a) breaches of any applicable local, state or national law, regulation and rule;
(b) driving under the influence of alcohol or drugs;
(c) appearing in any way to be unfit to drive;
(d) stealing, theft or fraud;
(e) discriminating or misbehaving; or
(f) engaging in threatening, abusive, offensive, violent or sexually inappropriate behaviour or any other similar conduct,
you should immediately report that person to the appropriate authorities and then to us by contacting our customer service team at help@turvy.net for Australia. Further information is available in our Complaint Handling Policy.
9. PAYMENT
9.1 The use of the Services will result in charges to you for the price of the Services. Turvy (or its Affiliates) will receive and enable your payment of the applicable charges for Services through your use of the Services. Charges may include other applicable fees, tolls, and surcharges such as booking fees, confirmation fees, municipal tolls, airport surcharges, or processing fees for split payments.
9.2 The driver will charge you, and you will be liable to pay the fare for the Transportation Services provided to you for each booking request accepted by the driver (Service Fees).
9.3 The Service Fee for each trip will be the price quoted in the Rider App or calculated based on the applicable rates and charges made known to you in the Rider App when you make the booking request. The Service Fee may vary depending on various factors such as supply and demand, the distance or duration of the trip, if you alter the destination or request a driver to make a stop or other detour during the provision of Transportation Services, traffic conditions or if travel occurs on a tolled road. The Service Fee will also include any booking, service, general handling and administration fees payable.
9.4 After you have received the Services, Turvy (or its Affiliates) will enable payment, and you agree to pay the Service Fee by these Terms. You authorise the collection of such amounts by charging the credit/debit card or other eligible payment methods provided as part of your registration, either directly by us or indirectly via a third-party online payment processor.
9.5 You understand and agree that Turvy (or its Affiliates), on behalf of the driver who provides Services to you, reserves the right, in its sole discretion, to:
(a) obtain a pre-authorisation via your eligible payment method for the Service Fee or any part of it;
(b) charge and refund your eligible payment method a nominal amount, not to exceed five dollars ($5), to verify your payment method; and
(c) facilitate payment for the cost of replacement, repair or cleaning using your eligible payment method if:
(i) your driver suffers loss such as vehicle or property damage as a result of your breach of the Passenger Code of Conduct or these Terms; or
(ii) another passenger suffers loss or property damage due to your breach of the Passenger Code of Conduct or these Terms.
9.6 We (or our Affiliates) act as the limited payment collection agent for drivers except as provided under these Terms. Your payment for Services under these Terms is considered payment made directly to the driver. You have no obligation or requirement to make any additional payment to a driver directly for Services.
General
9.7 Turvy (and its Affiliates) cannot control any fees that may be charged by your bank, credit/debit card company or payment method related to our collection of Service Fees, and we disclaim all liability in this regard.
9.8 We will offer a refund in certain circumstances if we are required by law to provide you with or provide you with a refund. In all other cases, refunds will be offered at our sole discretion.
9.9 If you fail to meet your payment obligations under these Terms, Turvy (or its Affiliates) may disclose such credit information and credit-related personal information to credit reporting bodies as permitted under the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code in Australia, and the Privacy Act 2020 and the Credit Reporting Privacy Code 2020 (and any successor legislation) in New Zealand.
10. LIABILITY
10.1 Subject to these Terms (particularly clause 10.10), the services provided by Turvy (or its Affiliates) are provided "as is" and "as available". To the fullest extent permitted by applicable law, the Rider App and services provided by Turvy (or its Affiliates) are provided without warranty. We give no guarantees as to the availability, performance, reliability or fitness of the Rider App at any time. Your access and use of the Rider App are at your own risk.
10.2 By using the Rider App, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other parties will be limited to a claim against those other parties who caused you harm. This includes any loss or damage to you, your property, or anyone else that occurs with your use of the Rider App and Services. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from Turvy (or its Affiliates) concerning such actions or omissions.
10.3 You acknowledge and agree that, unless a driver is operating in New Zealand under Turvy's TSL (in which case Turvy will be considered a Transport Service Operator for the relevant legislation as set out in clause 2.2 above), Turvy (and its Affiliates) do not provide services to Passengers. It is a technology-based company that operates technology applications and platforms and provides the related support services to enable independent providers of point-to-point transportation and delivery services to receive and fulfil service requests.
10.4 You acknowledge and agree that, by requesting Services, you agree to the provision of those services directly with the driver. Each request you make affects a separate agreement between you and the relevant driver. Unless otherwise agreed between you and a driver. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from Turvy (or its Affiliates).
10.5 Subject to clause 10.10, we and our Affiliates have no responsibility for any personal or financial losses (direct or indirect), costs, claims, damages, expenses or liabilities of whatever nature and however arising from these Terms, the use of the Rider App and our services.
10.6 You acknowledge that we have the right, in our sole discretion, to suspend or terminate your use of the Rider App for breach of these Terms or for any reason that we consider appropriate.
10.7 Turvy (and its Affiliates) will not be liable for any incidental, special, exemplary, punitive, indirect or consequential loss or damage arising out of these Terms, your use of our services or about any Service booked through the Rider App, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of data, loss of goodwill, personal injury or property damage even if we have been advised of the possibility of such loss.
10.8 Turvy (and its Affiliates) have no responsibility for any personal or financial losses (direct or indirect), costs, expenses or liabilities of whatever nature and however arising which result from the use of the Rider App unless we are required to by law or such losses, costs, expenses or liabilities arising as a direct result of any wilful default, fraud, or dishonesty on our part.
10.9 Despite clauses 10.7 and 10.10, subject to your rights at law, you indemnify and will keep indemnified Turvy and its Affiliates against all loss or damage suffered or incurred by you arising from or in connection with your use of the Rider App and our services or about any Service you book through the Rider App.
10.10 Subject to clause 10.11, nothing in these Terms excludes or limits rights you have under the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993 and New Zealand Fair Trading Act 1986 (together with the Consumer Legislation). If you are a consumer (as defined by the Consumer Legislation), certain goods and services provided to you under these Terms may come with certain consumer guarantees. If we fail to comply with those consumer guarantees, you may have rights against us, which we are prohibited by law from excluding, restricting or modifying. Our liability for breach of any consumer guarantee applicable to our supply of goods or services is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:
(a) the supply of equivalent goods or services again; and
(b) the payment of the cost of acquiring equivalent goods or resupplied services.
10.11 The parties agree that if you use the Rider App for business purposes, your rights are subject to these Terms, and the New Zealand Consumer Guarantees Act 1993 does not apply.
10.12 Except for our obligations to pay any amount to you under these Terms, and to the maximum extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with these Terms, your use of the Rider App or about the provision of Services to you will be limited to one thousand ($1,000) Australian dollars or New Zealand dollars (as applicable to the jurisdiction in which the Rider App is used or Services provided).
10.13 Without in any way limiting any other provision of these Terms, to the maximum extent permitted by applicable law, neither Turvy nor any of its affiliates assume any liability or responsibility for any:
(a) personal injury (including death) or property damage, of any nature whatsoever, in connection with the performance of the Services or the access to or use of Rider App;
(b) errors, mistakes or inaccuracies of the Rider App;
(c) interruption or cessation of transmission to or from the Rider App;
(d) errors or omissions in any content or loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Rider App;
(e) bugs, viruses, trojan horses or the like that may be transmitted to or through the Rider App by any third party; or
(f) unauthorised access to or use of Turvy's or any Affiliate's or service providers' secure servers and any personal information stored therein by any third party.
11. SYSTEM REQUIREMENTS
11.1 To use the Rider App, you must have any relevant hardware and software and an internet data connection with location services. We make no representation that the Rider App will operate on all mobile devices, uninterrupted or error-free.
11.2 You are responsible for making all arrangements necessary to access the Rider App, Services and our services. In addition, you are responsible for all activity on the Rider App in your name or through your internet connection.
11.3 You may sometimes be required to download updates to or new versions of the Rider App when these are made available to continue using the Rider App.
12. INTELLECTUAL PROPERTY
12.1 Turvy and its Affiliates own all intellectual property rights in the Rider App, and all content distributed by it alone or together with its Affiliates or partners, including, without limitation, software provided and related products or services and such intellectual property rights are protected by law. The absence of a statement of ownership in the Rider App and certain content does not constitute a failure of Turvy or any of its affiliates or partners to be entitled to such intellectual property rights or assert any intellectual property rights. You must respect the legitimate rights and interests of the rights holder and lawfully use the Rider App and such content by these Terms, all laws, regulations and rules, and the principles of good faith.
13. LINKS TO OTHER WEBSITES
13.1 The Rider App may contain links to websites or web addresses of third parties and third-party services. While Turvy takes appropriate care in publishing links to any third-party services, you must, at your discretion, decide whether to access or accept such links. To the fullest extent permitted by applicable law, Turvy gives no undertakings or warranties concerning the accuracy, completeness, adequacy and reliability of any information, data, opinions, pictures, statements or suggestions provided by such links. To the fullest extent permitted by applicable law, Turvy does not have control over or assume any liability for third-party websites, their content,, data use,, and retention policies or practices.
14. TERM
14.1 These Terms will commence on the date they are accepted by you (electronically or otherwise) and will continue until terminated by you or Turvy.
14.2 Subject to applicable law, we may terminate these Terms at any time, in our sole discretion, for any reason whatsoever, including but not limited to a breach of any of these Terms. Termination will be effective immediately, when you are prohibited from using the Rider App.
14.3 You may terminate these Terms by permanently deleting your user account and the Rider App. If you terminate these Terms, you will not be able to use the Rider App or access Services.
14.4 If you terminate these Terms by clause 14.3, Turvy will retain your personal information and account data for record-keeping purposes by our Privacy Policy for record-keeping purposes.
14.5 Termination of these Terms for any cause shall not release a party from any liability that has already accrued to such party or which may accrue in respect of any act or omission before such termination.
15. FORCE MAJEURE
15.1 In the case of a force majeure event, where Turvy is the affected party, it may temporarily suspend the performance of its obligations under these Terms until the effect of such force majeure event ceases and will bear no liability; provided, however, that it must use reasonable efforts to resolving such event. Force majeure means any unforeseeable or unavoidable (even if foreseeable) event beyond the parties control that prevents, affects, or delays a party's performance of all or part of its obligations under these Terms. Such circumstances include but are not limited to those caused by acts of God, war, policy changes, pandemics, epidemics, computer viruses, hacker attacks or suspension of services provided by telecommunication agencies.
16. GENERAL TERMS
16.1 You may not assign any agreement with us or these Terms without our prior written consent.
16.2 Supplemental terms may apply to certain Services. Such supplemental terms will be disclosed when they offer the services they use. Supplemental terms are additional to these Terms.
16.3 We may give a notice under these Terms by posting general information on our website and the Rider App or by sending an email or text message to the email address or mobile phone number registered with your account.
16.4 If any term in these Terms is invalid or unenforceable, they will be severed without affecting the enforceability of any other terms.
16.5 Subject to these Terms, the failure or delay by a party to enforce any term of these Terms will not be deemed a waiver of such term.
16.6 These Terms shall be binding on and shall inure to the benefit of each party's successors and permitted assigns and personal representatives (as the case may be) of each party.
16.7 Save for as set out, no remedy conferred by these Terms is intended to be exclusive of any other remedy otherwise available under any law.
16.8 The laws of New South Wales govern these Terms.
17. COMPLAINTS & DISPUTES
17.1 If you have any comments, feedback or complaints regarding the Rider App, our services, the Services or a driver, please get in touch with us by emailing our customer service team at help@turvy.net.
17.2 You agree that any complaint or dispute about a Service Fee and Fare must be filed within twenty-one (21) days of the transaction. You acknowledge and accept that Turvy will not consider any complaint or dispute filed outside this timeframe.
17.3 If you have a concern regarding these Terms, please get in touch with us and inform us of the basis of your situation. We will endeavour to resolve the dispute by negotiation with you. If we cannot settle the dispute, you agree to use your best efforts to agree to an appropriate dispute resolution process with us. This does not limit our rights under these Terms, including modifying, suspending, deactivating, or cancelling your use of the Rider App. We reserve the right to seek injunctive or other equitable relief.
Last update: 18 April 2022
Schedule 1: Passenger Code of Conduct
Objective
Our Code of Conduct applies to Passengers who request Transportation Services.
Our Code of Conduct is built on the three pillars of safety, comfort and respect. We value your safety and the safety of our driver-partners and have a no-tolerance policy towards harassment, discrimination and inappropriate behaviour.
This Code of Conduct seeks to ensure that you know your obligations as a passenger using Transportation Services and that all passengers have a safe, comfortable and respectful journey.
We reserve the right to deactivate your account where you fail to comply with this Code of Conduct and charge you a fee applicable on behalf of your driver.
1. Safety
To ensure a safe journey:
(a) buckle up – wear a seatbelt at all times;
(b) never distract the driver – your driver needs to focus on the road, so you must refrain from loud or erratic behaviour that is likely to be distracting;
(c) do not travel with hazardous articles – the driver may refuse to transport pieces they consider to be prohibited, dangerous, inappropriate or inconvenient, including but not limited to any kind of weapon; and
(d) obey the law – abide by the law and do not encourage your driver to break the law. Turvy has no tolerance for law violations, such as possessing prohibited drugs, possessing open containers of alcohol, consuming alcohol or asking your driver to exceed the applicable speed limit.
2. Comfort
2.1 To ensure that all passengers enjoy a comfortable journey:
(a) take care with property – be sure not to damage a driver's property or the property of another passenger, such as by vandalising the car or vomiting;
(b) do not smoke – smoking in the driver's vehicle is prohibited at all times;
(c) do not photograph, record sound or video, or live stream when using the service unless:
(i) it is permitted by law; and
(ii) you obtain the express prior consent of the driver and all other passengers; and
(d) do not make a mess and ensure you tidy up after yourself – avoid carrying open food and drink containers (which can spill and create an unpleasant journey for subsequent passengers), and be sure to take all rubbish with you when your journey has come to an end.
2.2 If your driver suffers loss from vehicle or property damage due to your breach of any of the above paragraphs of the Terms, you will be responsible for that loss or property damage.
2.3 If another passenger suffers loss or property damage due to your breach of any of the above paragraphs of the Terms, you will be responsible for that loss or property damage.
3. Respect
3.1 To ensure that you, fellow passengers and drivers enjoy a mutually respectful journey:
(a) be on time for your ride – always try to be on time, so your driver and other passengers are not left waiting;
(b) be courteous – treat your driver and other passengers as you would like to be treated;
(c) do not be inappropriate – avoid all inappropriate behaviour, such as abusive language or gestures, sexual innuendo and advances, and any disrespectful or aggressive comments or conduct;
(d) contact driver appropriately – only contact drivers through the Rider App and only for matters relating to your journey unless you receive your driver's express consent to do so;
(e) avoid personal contact – for everyone's safety, do not communicate with other "Turvy Share" passengers or use or record any information about them; and
(f) do not harass or discriminate against others – we have a zero-tolerance policy for discriminatory language or conduct of any kind. Discrimination against drivers or other passengers includes but is not limited to discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, nationality and age.
3.2 Drivers on the Turvy driver app can rate passengers after each journey and may report any passenger behaviour that contravenes this Code of Conduct. We assess each driver's report of passenger misconduct to determine the most appropriate response.
3.3 We reserve the right to deactivate your account and refuse to facilitate the provision of Services where you fail to comply with this Code of Conduct.
