Terms & Conditions

 

Kapuddle Terms and Conditions

Kapuddle Pty Limited (Kapuddle) provides an online platform that connects drivers with spare seats in their vehicles (Drivers) with people seeking to travel in the same direction or to the same destination as the Driver (Passenger) (the Kapuddle Platform).

These terms and conditions (Terms) govern your access to or use of the Services and the Kapuddle Platform. Please read these Terms carefully before using the Services offered by Kapuddle. By downloading or using the Kapuddle Platform, you agree to comply with and be bound by these Terms.

Kapuddle permits you to use the Kapuddle Platform and Services strictly for personal, non-commercial purposes only. Use of the Kapuddle Platform for any other purpose is prohibited.

If you have any questions regarding these Terms please contact us.

If you do not agree with these Terms you must not use the Kapuddle Platform or Services.

Registering to use the Kapuddle Platform does not guarantee that you will be accepted as a Driver and/or Passenger. You must register as a user and be accepted by Kapuddle to become a Driver and/or Passenger.

In these Terms “user“, “you“, “your” and “yours” refers to the person using the Kapuddle Platform or Services and “we“, “us” and “our” refers to Kapuddle.

  1. HOW THE KAPUDDLE PLATFORM WORKS
    • Kapuddle is designed to connect Drivers with spare seats on a journey with Passengers seeking to travel to the same location or in the same direction (a Journey). The Kapuddle Platform is intended to be used to facilitate the connection of Drivers and Passengers to book Journeys directly with each other. Drivers are responsible for posting the information relating to their Journey, including their departure and destination points (Journey Posting). Kapuddle does not provide any matching services or, advise on or guarantee the suitability of Journeys, Drivers or Passengers.
    • Kapuddle is not an owner or operator of vehicles, nor is it a provider of Journeys. Kapuddle does not provide transportation services and is not a carrier or a common carrier. Unless explicitly specified otherwise, Kapuddle’s responsibilities are limited to:
      • facilitating the use and availability of the Kapuddle Platform; and
      • serving as the limited payment collection agent of each Driver for the purpose of accepting and processing payments from Passengers on behalf of the Driver,

(both forming the Services).

  • Kapuddle cannot and does not control the content contained in any Journey Posting and cannot guarantee the condition, legality or suitability of any vehicle. To the extent permitted by law, Kapuddle is not responsible for and disclaims all liability related to any and all Journey Postings and Journeys.  Any Journey Postings and Journeys will be made or accepted at the user’s own risk.
  1. ELIGIBILITY TO REGISTER AS A USER
    • Individuals must register as a user of Kapuddle and then register as a Driver and/or Passenger. To create a Journey Posting you must be registered as a Driver. To request a Journey you must be registered as a Passenger.
    • To be eligible to register as a user you must:
      • have a current, valid credit card; and
      • agree to comply with any requests from Kapuddle relating to Police, background or identification checks.
    • The Services offered by Kapuddle are not available to individuals under 18 years of age or existing users whose account has been temporarily or indefinitely suspended or terminated in accordance with these Terms.
  2. REGISTRATION AS A USER
    • Your Kapuddle account will be created for your use of the Services based upon the personal information you provide to us. You may not have more than one active Kapuddle account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete at all times. You agree to immediately notify Kapuddle of any change to information and any unauthorised use of your account.
    • Kapuddle reserves the right to suspend or terminate your account and your access to the Services if you create more than one Kapuddle account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
  3. REGISTRATION AS A DRIVER
    • To be eligible to register as a Driver you must:
      • be over 18 years old and legally able to enter contracts;
      • have, hold and maintain a current unrestricted drivers licence and be legally permitted to drive in Australia;
      • have completed any State government accreditations and hold any relevant licences or permits required to accept Passengers in your Vehicle.
      • have driving experience of a reasonable quality, as determined by Kapuddle in its sole discretion;
      • register the vehicle with Kapuddle that you intend to use to offer Journeys to Passengers (Vehicle);
      • maintain your Vehicle in a clean, safe and road worthy condition (including maintaining valid vehicle registration);
      • arrange and maintain appropriate insurance coverage to, at the least, cover your obligations as a Driver and to insure against any loss or damage, howsoever caused, suffered by a Passenger, yourself or any third party;
      • not have any conviction or pending charge for an offence under the Road Traffic Act 1974 (WA) or the Road Traffic (Administration) Act 2008 (WA), or other State equivalent, where there is the potential for a penalty of a community based order, intensive supervision order or imprisonment (regardless of whether such a penalty is actually imposed);
      • not have any conviction or pending charge for any type of criminal offence;
      • have an Australian bank account;
      • be accepted as a Driver by Kapuddle in its sole discretion.
    • If you hold a provisional drivers licence (i.e. you have a “P” plate), you are not eligible to register as a Driver with Kapuddle.
    • As a Driver you may be required to be “vetted” and as such you agree to complete the necessary actions as determined by Kapuddle from time to time and pay the vetting fee stipulated by Kapuddle.
    • Your registration as a Driver is only valid in respect of the Vehicle(s) you have disclosed to us in
      the registration process or in respect of which we have subsequently agreed may be used by you as a Driver.
    • By registering as a Driver you are entirely responsible for your Journey Postings. You also acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who will be in a Vehicle for the duration of a Journey, excluding the Passenger.
    • You warrant and represent that:
      • all of the information provided to us by you as part of the registration process is correct, complete or not misleading in any respect;
      • you meet the eligibility criteria for a Driver set out in clause 4.1, including but not limited to that you maintain your Vehicle, have appropriate insurance, have not been convicted of nor have any pending charge for any type of offence referred to in clause 4.1;
      • any Journey you post and the booking and completion of any Journey will be in compliance with all applicable laws (such as Passenger transport laws and rules and regulations that may apply to any Journey).
    • As a Driver, you understand and warrant that:
      • this is a non-commercial carpooling arrangement where Passengers contribute towards vehicle running costs and there is no view to profit;
      • you are not undertaking any Journey for a commercial reason, have no intention of making a profit and are not conducting a business or enterprise;
      • the Contribution you receive represents a valid contribution for the variable costs of conducting the Journey and the Contribution does not exceed the variable costs of conducting the Journey;
      • you will not make and have no intention to make a profit from completing the Journey; and
      • you are not providing Taxi travel services and are not conducting an Enterprise for GST purpose.
    • As a Driver, you understand and agree that Kapuddle does not act as an insurer or as your contracting agent. If a Passenger requests a booking of your Journey and accepts a Journey with you, any agreement you enter into is between you and the Passenger and Kapuddle is not a party to it. Kapuddle only serves as the limited authorised payment collection agent of the Driver.
    • Kapuddle requires Drivers to obtain appropriate insurance for their Vehicle/s, in accordance with clause 1(g) of these Terms. We encourage you to review any insurance policy that you may have for your Vehicle carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, your insurance policy.
  4. REGISTRATION AS A PASSENGER
    • To be eligible to register as a Passenger you must:
      • be over 18 years old and legally able to enter contracts; and
      • provide customary billing information such as name, billing address and credit card information (either to Kapuddle or its third-party payment processor(s)).
    • Once you are registered and accepted by Kapuddle as a Passenger, you can book Journeys in accordance with these Terms.

5.3      Only the Passenger registered with Kapuddle can take the Journey. Under no circumstances is a   Passenger entitled to bring a guest or be accompanied by another person on a Journey.

  1. NO ENDORSEMENT
    • A user who books or accepts a Journey will be taken to have contracted directly with the other user. Kapuddle does not endorse any user or any Journey and Kapuddle assumes no responsibility for a Driver’s compliance with any agreements with or duties to Passengers, third parties, applicable laws, rules or regulations.
    • You understand that users are required by these Terms to provide accurate information, and although Kapuddle may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, Kapuddle is under no obligation to do so and does not confirm, endorse or make any representations about any user or the user’s purported identity or background nor the safety, quality, legality, timeliness or suitability of any Journey.
    • Any references to a user being “vetted” (or similar language) only indicate that the user has completed a relevant verification process at that user’s cost, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Kapuddle about any user, including of the user’s identity and whether the user is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with.
    • We strongly encourage you to carry out your own evaluation and take due care when deciding whether to post a Journey or to accept a booking request from a Passenger, or to have any other interaction with any other user. Kapuddle is not responsible for any damage or harm resulting from your interactions with other users.
  2. JOURNEY AND PAYMENT
    • The contribution payable by the Passenger in exchange for the Driver providing a Journey (Contribution) will be based on the Journey Cost Schedule applicable to the geographical location of the Journey. The Journey Cost Schedule can be obtained by contacting Kapuddle. Broadly, the cost is calculated with reference to a cents per kilometre component, with a minimum cost per trip. It is calculated as a genuine fair estimate of the cost of providing the Journey. Any taxes, parking charges, tolls, fines or other costs in respect of a Journey are the sole responsibility of the Driver.
    • If you are a Driver and a booking is requested for your Journey, you will be required to either confirm or reject the booking request within a specified period (the Booking Request Period), otherwise the booking request will automatically expire at the end of the Booking Request Period. When a booking is requested, we will provide you with:
      • the first and last name of the Passenger who has requested the booking;
      • the Passenger’s pick-up and drop-off location addresses;
      • the Contribution you will receive from the Passenger;
      • an approximate pick-up time; and
      • the ability to cancel the Journey.
    • If a Driver does not confirm, or decides to reject, a booking request by the time the Journey is scheduled to commence, no fee will be payable by either user.
    • When a Driver confirms a booking requested by a Passenger, Kapuddle will send the Driver and the Passenger a message confirming the Journey booking.
    • Each Driver appoints Kapuddle as the Driver’s limited payment collection agent solely for the purpose of accepting the Contribution from Passengers.
    • Each Driver agrees that payment made by a Passenger through Kapuddle will be considered the same as a payment made directly to the Driver, and the Driver will make the Journey available to the Passenger in the agreed-upon manner as if the Driver has received the Contribution. Each Driver agrees that Kapuddle may, in accordance with these Terms, permit the Passenger to cancel a confirmed Journey.
    • Each Driver understands that Kapuddle accepts payments from Passengers as the Driver’s limited payment collection agent and that Kapuddle’s obligation to pay the Driver is subject to, and conditional upon, successful receipt of the associated payments from Passengers. Kapuddle does not guarantee payments to Drivers for amounts that have not been successfully received by Kapuddle from Passengers. In accepting appointment as the limited payment collection agent of the Driver, Kapuddle assumes no liability for any acts or omissions of the Passenger.
    • Drivers will be required to establish a Stripe account (a payment processing system). The payments due to Drivers will be made by Kapuddle to the Driver’s Stripe account, which will then be deposited into the Driver’s nominated account by Stripe. Stripe may charge transaction fees when the funds are remitted by Stripe to the Driver’s nominated bank account. Kapuddle will not hold bank account details for the Drivers.
    • Kapuddle aims to pay the Driver the payment of the Contribution within five (5) business days in arrears on a weekly basis. Delays may occur for processing reasons.
    • If you owe any amount to Kapuddle (whether as a result of your bookings or actions as a Passenger or otherwise), then Kapuddle may (but is not obliged to) withhold the amount owing to Kapuddle from any payout amounts due to you (whether as a Driver or otherwise), and use the withheld amount to set-off the amount owed by you to Kapuddle.
    • In addition to the amount due, if your account is in debit for any reason, you may be charged fees that are incidental to our collection of these amounts due. Such fees or charges may include collection fees, convenience fees, or other third party charges.
  3. PASSENGER PAYMENT
    • If you are a Passenger, you acknowledge and agree that, notwithstanding the fact that Kapuddle is not a party to the agreement between you and the Driver, Kapuddle acts as the Driver’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Driver.
    • You will be liable to pay the Total Contribution to Kapuddle for each Journey, being:
      • the Contribution, as set out in clause 1; plus
      • the Service Fees, being the fee that Kapuddle charges a Passenger for the use of the Services, which is calculated as 15% of the Contribution; plus
      • the Variable Transaction Fees being any percentage-based third-party transaction-related fees incurred by Kapuddle in relation to a Journey, and that are on-charged to the Passenger; plus
      • the Fixed Transaction Fees being any fixed-value third-party transaction-related fees incurred by Kapuddle in relation to a Journey, and that are on-charged to the Passenger.

The Total Contribution less the Fixed Transaction Fee will be displayed to the Passenger as part of the information contained in the relevant booking request. The Fixed Transaction Fee will only be charged at the point of collection.

  • You agree to pay Kapuddle in accordance with these Terms. You hereby authorise the collection of such amounts by charging the credit card or other eligible payment methods provided as part of your user registration, either directly by Kapuddle or indirectly, via a third-party online payment processor.
  • You understand and agree that Kapuddle, on behalf of the Driver, reserves the right, in its sole
    discretion, to:

    • obtain a pre-authorisation via your credit card for the Total Contribution or any part thereof; or
    • charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card.
  • Please note that Kapuddle cannot control any fees that may be charged to a Passenger by his or her bank or credit card company related to Kapuddle’s collection of the Total Contribution, and Kapuddle disclaims all liability in this regard.
  • Once the Total Contribution is paid in full to Kapuddle, the Passenger has no obligation to pay the Driver for the Journey.
  1. CANCELLATIONS
    • As a Passenger, no fee will be payable by you if:
      • you cancel your Journey request before the booking request is confirmed by a Driver;
      • a Driver cancels a confirmed Journey; or
      • you cancel your confirmed Journey with 12 hours or more notice.
    • If, as a Passenger, you wish to cancel a confirmed Journey within 4 hours of the time a Journey is scheduled to commence or you are not present at the Journey pick up location at the scheduled pick up time then we may charge you a cancellation fee equal to 100% of the Service Fees that would have been payable for that Journey.
    • If, as a Passenger, you wish to cancel a confirmed booking more than 4 hours and less than 12 hours before the time a Journey is scheduled to commence then we may charge you a processing fee equal to 50% of the Service Fees that would have been payable for that Journey.
    • As a Driver, no cancellation fee will be payable by you if you cancel a confirmed Journey with 12 hours or more notice.
    • If, as a Driver, you cancel a confirmed Journey with more than 4 hours and less than 12 hours before the time a Journey is scheduled to commence then we may charge you a cancellation fee of $0.50 to cover our costs (which may be withheld from your future payouts or charged to the credit card on file in your Kapuddle account).
    • If, as a Driver, you cancel a confirmed Journey less than 4 hours of the time a Journey is scheduled to commence or you are not present at the Journey pick up location at the scheduled pick up time then we may impose a cancellation fee of $1 to cover our costs (which may be withheld from your future payouts or charged to the credit card on file in your Kapuddle account). Additionally Kapuddle may:
      • publish an automated review on your Journey Posting indicating that a confirmed Journey was cancelled or that you were a no-show; and / or
      • suspend or terminate your Kapuddle account.
    • In certain circumstances, such as where Kapuddle considers that it is objectionable for any reason or it may be in contravention or it is in contravention of these Terms, Kapuddle may decide, in its sole discretion, that it is necessary or desirable to cancel a Journey Posting or confirmed Journey, in which case Kapuddle may decide not to charge any fee.
    • If, as a Driver, your Passenger cancels a confirmed Journey or Kapuddle decides that it is necessary to cancel a confirmed Journey, you will not be entitled to payment in respect of that booking or compensation for the cancellation.
  2. REFUNDS
    • We may offer a refund in certain circumstances including if we are required by law to provide you with a refund. In all other circumstances refunds will be offered in Kapuddle’s sole discretion.
  3. YOUR OBLIGATIONS
    • You agree that when you use the Kapuddle Platform and Services you will:
      • comply with all applicable local, state and national laws and these Terms; and
      • if you are the Driver you will provide the Journey in accordance with good practice and generally accepted standards.
    • If you are the Driver, you acknowledge that Drivers, not Kapuddle, are solely responsible for honouring any confirmed bookings. You acknowledge and agree that you, and not Kapuddle, will be responsible for performing the obligations of any agreement between a Passenger and a Driver that you enter into, that Kapuddle is not a party to such agreements, and other than the obligation to pay a Driver in accordance with these terms and conditions, Kapuddle disclaims all liability arising from or related to any such agreements.
    • Without limiting clause 1, you agree not to:
      • use the Kapuddle Platform or Services for any unlawful or fraudulent purpose, including to represent yourself as or impersonate a user, if you are not one;
      • take any action that could interfere with the normal operation of the Kapuddle Platform;
      • offer, as a Driver, a Journey in a Vehicle that you do not yourself own or have permission to drive;
      • post a Journey as a Driver if you are serving in the capacity of a taxi driver, Uber driver, Charter Vehicle or any such similar service;
      • unless Kapuddle explicitly in writing permits otherwise, request or book a Journey if you will not actually be the person sharing the Journey yourself;
      • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
      • use automated scripts to collect information from or otherwise interact with the Kapuddle Platform;
      • use the Kapuddle Platform to find a Driver or Passenger and then complete a booking of a posted Journey independent of Kapuddle, in order to circumvent the obligation to pay any Service Fees related to Kapuddle’s provision of the Services or for any other reason;
      • as a Driver, post a Journey with false or misleading information, or post a Journey that you do not intend to honour;
      • accept or make a payment for a Journey outside of the Kapuddle Platform;
      • provide to users any extra services not covered under these Terms;
      • offer or share Journeys with anyone under the age of 18 years;
      • use a vehicle other than your approved Vehicle to provide a Journey;
      • provide inaccurate, defamatory or offensive feedback;
      • stalk or harass any individual through the Kapuddle Platform;
      • use any information available through the Kapuddle Platform, the Services or as a result of a Journey that could compromise the enjoyment or security of any third party;
      • access data of which you are not an intended recipient or log into a server or account on a network related to the Kapuddle Platform that you are not expressly authorised to access;
      • allow any other person to use your account;
      • use the Kapuddle platform for any commercial or competitive advantage, any illegal, defamatory or objectionable purpose, or any purpose which could bring the reputation of Kapuddle into disrepute; or
      • allow any third party to do any of these things.
  1. PRIVACY
    • You agree that Kapuddle’s Privacy Policy and Privacy Collection Statement (as may be updated from time to time) governs Kapuddle’s collection and use of your personal information. Kapuddle’s Privacy Policy and Privacy Collection Statement is available at kapuddle.com.au/privacy.
  2. SUSPENSION AND CANCELLATION OF ACCOUNT
    • We may, in our discretion and without liability to you (other than to pay any Contributions owing to you), with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Kapuddle account if we cease to offer the Kapuddle Platform or Services or if we consider you have breached these Terms.
    • If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
      • we may terminate all rights and licences granted to you in respect of the Kapuddle Platform and require you to immediately stop using the Kapuddle Platform and Services;
      • we may cancel any Journey Postings or confirmed Journeys as either a Driver or a Passenger; and
      • we may communicate to your Passengers or Drivers that a Journey Posting or confirmed Journey has been cancelled.

You will not be entitled to any compensation for Journeys (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Kapuddle account under this clause.

  • You may cancel your Kapuddle account at any time by emailing admin@kapuddle.com.au. If you wish to restart your account, you will have to re-register as a user of Kapuddle.
  1. SYSTEM REQUIREMENTS
    • In order to use the Kapuddle Platform you must have any relevant hardware and software, and an internet data connection with location services activated. We cannot guarantee that the Kapuddle Platform will operate correctly on all mobile devices.
    • You may at times be required to download any updates to or new versions of the Kapuddle Platform when these are made available to continue using the Kapuddle Platform.
  2. AVAILABILITY OF KAPUDDLE PLATFORM OR SERVICES
    • The Kapuddle Platform is intended to be available for use at all times, but:
      • the Services may only be available in certain geographical areas, which we will decide in our sole discretion;
      • from time to time, we may change the availability of the Services and Kapuddle Platform, without telling you, including for maintenance, operational and technical reasons; and
      • as an online platform, you acknowledge that the quality and availability of the Services and Kapuddle Platform may be affected by factors outside our reasonable control.
  1. INTELLECTUAL PROPERTY
    • By accessing the Kapuddle Platform and registering as a user you are being granted a non-exclusive, non-transferable, royalty-free, revocable licence to use the Kapuddle Platform for your personal use in accordance with these Terms.
    • You undertake not to:
      • send the Kapuddle Platform to anyone else;
      • copy, or modify the Kapuddle Platform, any part of the Kapuddle Platform, or our trademarks in any way;
      • extract or attempt to extract the source code of the Kapuddle Platform; and
      • translate or attempt to translate the Kapuddle Platform into other languages, or make derivative versions.
    • The Kapuddle Platform itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, remain the property of Kapuddle at all times.
    • You warrant and agree that any content, information, data, images or other material (content) provided by you to us through the Kapuddle Platform:
      • is owned by you or you have the legal right to use the content;
      • Kapuddle’s use of the content will not breach any intellectual property rights;
      • is not offensive, harmful, inaccurate or inappropriate; and
      • does not contain any viruses.
    • In providing any content to us, you grant us a non-exclusive, transferable, royalty-free, perpetual, worldwide and irrevocable license to use the content for any purpose in connection with Kapuddle Platform and Services.
    • We have sole discretion to remove or alter any content that we consider offensive, harmful, inaccurate or otherwise inappropriate. If we suspect you have breached this clause, we may immediately terminate your account or take any other action necessary or desirable to address any breach.
    • You indemnify us for any loss we incur as a result of your breach of this clause.
  2. LIABILITY AND RELATIONSHIP BETWEEN THE PARTIES
    • The Services are provided “as is” and “as available”. Kapuddle gives no warranties as to the availability, performance or reliability of the Kapuddle Platform or Services at any time. To the fullest extent permitted at law, the Kapuddle Platform and Services are provided without warranty of any kind.
    • If you choose to use the Kapuddle Platform and Services, you do so at your sole risk. You acknowledge and agree that Kapuddle does not have any obligation to conduct background or Police checks on any user, but may conduct such background or Police checks in its sole discretion.
    • You are responsible for making all arrangements necessary for you to have access to the Kapuddle Platform. You are responsible for all activity that takes place on the Kapuddle Platform in your name or through your internet connection, even if you comply with these Terms and do not participate in or condone the activity.
    • You are liable for any costs charged by your internet service provider, including any data connection costs charged in connection with your download or use of the Kapuddle Platform.
    • By using the Kapuddle Platform or the Services you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. This includes any loss or damage to you, your Vehicle, your property, or to anyone else that occurs in connection with a Journey. Unless prevented by law, you agree not to attempt to impose liability on or seek any legal remedy from Kapuddle with respect to such actions or omissions. This limitation shall not apply to any claim by a Driver against Kapuddle regarding the remittance of payments received from a Passenger by Kapuddle on behalf of a Driver.
    • You are responsible for ensuring that the information and content you provide to us when posting, amending, accepting or completing a Journey is accurate. We do not guarantee and accept no liability for the accuracy of the information you or any other user supplies to us when posting, amending, accepting or completing a Journey.
    • You understand that Kapuddle does not make any attempt to verify the statements of users, or to review users or inspect any Vehicle registered with Kapuddle.
    • You are strongly advised to use caution and common sense when using the Services offered by Kapuddle. You agree to take reasonable precautions in all communications and interactions with other users and in deciding whether to accept a Journey or enter a vehicle. Kapuddle explicitly disclaims all liability for any act or omission of any Driver or Passenger or other third party.
    • Drivers do not provide any services to and are not employees of, or contractors to, Kapuddle. Nothing in these Terms will constitute any trust, joint venture, partnership, agency or arrangement between any Driver(s) and Kapuddle.
    • You acknowledge that we have the right in our sole discretion to refuse, edit, move and/or remove any content provided by you to us or related a Journey Posting on the Kapuddle Platform.
    • You acknowledge that we have the right in our sole discretion to suspend or terminate a user’s Kapuddle account for breach of these Terms or if we consider appropriate.
    • Except when provided for under these Terms, Kapuddle is not liable for:
      • any error or non-performance of the Kapuddle Platform arising from your use of the Kapuddle Platform;
      • any error in the performance of the Kapuddle Platform arising from a failure in the data connection;
      • any malfunction of the Kapuddle Platform;
      • any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program;
      • any unavailability of the Kapuddle Platform (or parts of it);
      • any difficulty or inability to download or access the Kapuddle Platform or content on it; or
      • any other communication system failure.
    • We shall have no responsibility for any personal or financial losses, costs, expenses or liabilities of whatever nature and however arising which result from the use of the Kapuddle Platform or the Services, unless we are required to by law or they arise as a direct result of any wilful default, fraud, or dishonesty on our part.
    • If you are a consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law about the supply of goods or services to you. If we fail to comply with those consumer guarantees, then you may have rights against us under the Australian Consumer Law that we are prohibited by law from excluding, restricting or modifying. However, where any goods (if any) or services supplied under this contract are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of any consumer guarantee applicable to our supply of those goods or, if applicable, services under the Australian Consumer Law, is (to the extent permitted by the Australian Consumer Law) limited to any one or more of the following, as determined by us:
      • the supply of equivalent goods or services again; and
      • the payment of the cost of acquiring equivalent good or having the services supplied again.
    • Neither Kapuddle or you will be liable to the other for any indirect or consequential loss or damage arising out of you using the Kapuddle Platform, the Services or in relation to any Journey including, but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of data or loss of goodwill.
    • Despite clause 15, subject to your rights at law, you indemnify and will keep indemnified Kapuddle against all loss or damage suffered or incurred by you arising in connection with your use of the Kapuddle Platform, the Services or in relation to any Journey.
    • Except for our obligations to pay any amount to applicable Drivers under these Terms, and subject to any consumer guarantees which may apply, Kapuddle’s maximum aggregate liability for any loss or damage suffered or incurred by you arising in connection with your use of the Kapuddle Platform, the Services or in relation to any Journey will be $1,000.
  3. REPORTING INAPPROPRIATE CONDUCT
    • If you share a Journey with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who:
      • in any way breaches any applicable local, state or national law or regulation;
      • appears to be driving under the influence of alcohol or drugs;
      • appears in any way to be unfit to drive; or
      • engages in threatening, abusive, offensive, violent or sexually inappropriate behaviour or any other similar conduct,

you should immediately report that person to the appropriate authorities (if appropriate) and then to Kapuddle by contacting us on complaints@kapuddle.com.au.

  1. COMPLAINTS
    • If for any reason you wish to dispute any fee, you must notify us as soon as possible by contacting us on complaints@kapuddle.com.au.
    • If you have any comments or complaints with a Journey, about Kapuddle, or about any action by us, please contact us on complaints@kapuddle.com.au. If a complaint concerns another user, we may attempt, but are not obliged, to help you and the other user resolve the issue but we make no representation or warranty that we can resolve the issue.
  2. LINKS TO OTHER WEBSITES
    • The Kapuddle Platform may contain links to websites, including third party websites, or the contact information of other persons. These links do not fall under our control and do not represent any endorsement by Kapuddle. We cannot guarantee the availability of any linked websites. Kapuddle has no responsibility for the accuracy or content of any websites maintained by any other party or adverts contained within the Kapuddle Platform.
  3. AMENDMENTS
    • We may make changes to these Terms from time to time. The amended terms and conditions will apply automatically from the time that they are made available or published on our website. If you do not agree to the amended Terms, you must stop using the Services and the Kapuddle Platform immediately.
  4. GENERAL TERMS
    • These Terms, and the pages on www.kapuddle.com.au to which these Terms refer, constitute an entire agreement between us and supersede all previous understanding, agreements and representations whatsoever between us.
    • Supplemental terms may apply to certain Services. Such supplemental terms will be disclosed when Services to which they apply are offered. Supplementary terms are additional to these Terms.
    • If any of the terms in these Terms is invalid or unenforceable it can be severed without affecting the enforceability of the other terms in any way.
    • These Terms are governed by the laws of the State of Western Australia.