Terms & Conditions
Stretch Ride Pty Ltd (ACN 611 563 618) ("Stretch Ride", "we", "us" or “our”) owns and operate the website www.stretchride.com.au and mobile applications of Stretch Ride (together the "Site") to enable you (“User”, “you” or “your”) book and accept third party transportation services (the “Services”). Stretch Ride includes its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
These Terms and Conditions constitute the agreement (“Agreement”) between you and us that governs the supply of any Services by us to you. By using the Site, you acknowledge that you have read and understood these terms and that you agree to be legally bound by them. In the Agreement, these terms have the following meanings:
Business Day means any day other than a bank holiday or public holiday in New South Wales;
Driver means an independent third party provider who uses our Services to supply transportation services;
Fee means payment (inclusive of goods and service tax, if applicable) for the transportation services provided charged per Ride, as advised by us from time to time[AC1] [AC2] ;
Ride means a one-way transportation trip;
Ride Contract means an agreement between the Driver and you for the provision of transportation services;
Rider means individuals who participate in the Ride;
2. Registration of Account
2.1 Before using any Services provided by us, you must be a resident of Australia, over 18 years old and register for an account on the Website (“Account”).
2.2 To register an Account with us, you must follow the instructions and provide required information about yourself. You undertake that all details you provide to us for the purpose of using our Services will be accurate, complete and up-to-date, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities for you to use our Services.
2.3 You must maintain the security and secrecy of your Account name and password, and immediately notify us when you become aware of any breach of security of your Account. You are entirely responsible for any loss if you do not maintain the confidentiality of your password.
2.4 We reserve the right to remove or terminate any Account in our sole discretion.
3. Our Services
3.1 To make a booking for a Ride, you must login to your Account and use the Site to request a Ride. To help us identify an available Driver for your booking, you agree to provide all necessary information, including but not limited to:
(a) the name of Rider(s);
(b) the pick-up and drop-off time and locations; and
(c) any health concerns or any specific instructions for the Ride.
3.2 Once an available Driver confirms the acceptance of you booking. You will receive from us a confirmation.
3.3 You acknowledge that stretch ride does not provide transportation services and is not a transportation carrier. We only provide the information and a method to enable independent third party drivers to provide transportation services directly to you.
4.1 You agree that at the time of booking, your payment details will be transferred to our secure payment gateway. We may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
4.2 Upon the successful completion of the Ride, you agree to the automatic debit of the Fee to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
5.1 You can cancel a booking on the Site, free of Charge, up to 24 hours prior to the booked Ride (Cancellation Window).[AC3]
5.2 If you fail to cancel a booking within the Cancellation Window, you will be charged an administration fee of 50% of the Fee for the booked Ride.
6. Disclaimer, Limitation of Liability and Release
6.1 YOUR USE OF STRETCH RIDE’S SERVICES AND SITE IS AT YOUR SOLE RISK. STRETCH RIDE’S SERVICES AND SIDE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STRETCH RIDE DISCLAIM ALL WARRANTIES OF ANY KIND, WEHTHER EXPRESS OR IMPLIED, INCLUING WITHOUT LIMITATION, THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES.
6.2 TO THE FULLEST EXTENT PERMITTED BY LAW, STRETCH RIDE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF STRETCH RIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STRETCH RIDE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF STRETCH RIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STRETCH RIDE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STRETCH RIDE’S REASONABLE CONTROL. YOU ACKNOWLEDGE IN NO EVENT SHALL STRETCH RIDE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED AUD$1,000.
6.3 YOU HEREBY RELEASE STRECH RIDE FROM CLAIMS, DEMAND ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT IS EITEHR DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM: (i) YOUR USE OF THE SERVICES OR SITE, OR (ii)ANY TRANSPORTATION SERVICES ARRANGED AS A RESULT OF YOUR ACTIVITIES Through THE STRETCH RIDE SITE.
6.4 THE LIMITATIONS AND DISCLAIMER IN THIS CLAUSE 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER LAW.
6.5 YOU AGREE TO INDEMNIFY STRECH RIDE, ON DEMAND, AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, COST, CHARGE, EXPENSE OR PAYMENT WHICH STRECH RIDE MAY PAY, SUFFER, INCUR OR ARE LIABLE FOR, IN RELATION TO ANY ACT YOU DO OR CUASE TO BE DONE IN BREACH OF THESE TERMS.
7.1 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
7.2 This Agreement shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.