Now accepting vehicles over 10 years old for Go Buggy Economy
This following user agreement explains the terms and conditions in which Go Buggy offers you access to the Go Buggy Application.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Go Buggy (“Go Buggy,” “we,” “us” or “our”), is a subsidiary of Go Buggy Operations Pty Ltd, governing your use of the Go Buggy application, website, and technology Application (collectively, the “Go Buggy Application”).
The Go Buggy Application provides a marketplace where persons who seek transportation (of persons or cargo) to certain destinations (“Passengers”) can be linked with persons driving to or through those destinations (“Contractors”). Contractors and Passengers are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Go Buggy Application. For purposes of this Agreement, the driving services provided by Contractors to Passengers that are matched through the Application shall be referred to collectively as the “Services”.
It is up to the Contractor to decide whether or not to offer a Fare to a Passenger contacted through the Go Buggy Application, and it is up to the Passenger to decide whether or not to accept a Fare from any Contractors contacted through the Go Buggy Application. Any decision by a User to offer or accept Services once such User is matched through the Go Buggy Application is a decision made in such User’s sole discretion. Each transportation Service provided by a Contractor to a Passenger shall constitute a separate agreement between such persons.
By generating a User account and using the Go Buggy Application, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Go Buggy Application or the Services.
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement.
You are responsible for regularly reviewing this Agreement. Continued use of the Go Buggy Application or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Go Buggy Application or the Services.
The Go Buggy Application is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Go Buggy Application is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated.
By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. This does not exclude passengers under the age of 18 that have had the service booked by a Go Buggy Application user on their behalf.
In New South Wales, Contractors must hold a current ‘T’ code on their license, or be transferred under the previous system, to utilise the Go Buggy Application. In accordance with New South Wales legislation any Contractor who has a ‘notifiable incident’ must advise Go Buggy in the first instance by calling 1300 462 844.
As a Passenger, you agree that any amounts charged following a Fare (a “Charge”) are mandatory and due and payable immediately upon completion of the Fare. Charges include Fare Fees and other applicable fees, tolls, surcharges, and taxes as set forth on the Go Buggy website (https://www.gobuggy.com.au), plus any tips to the Contractor that you elect to pay. Go Buggy has the authority and reserves the right to determine and modify pricing by posting applicable Charges or changes on the Go Buggy website. You are responsible for reviewing the applicable fare on the Go Buggy website and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Contractors receive fare fees, net of Go Buggy's service fee and any government or regulatory body fees that Go Buggy is required to collect on behalf of that body.
You expressly authorise Go Buggy to set the prices for services for all charges that apply to the provision of Services on your behalf. Go Buggy reserves the right to withhold all or a portion of Fare Fees if it believes that you have attempted to defraud or abuse Go Buggy or Go Buggy’s payment systems.
As a part of being a Go Buggy Contractor you to offer your services through the Go Buggy Application and marketplace as a Contractor and and permit Go Buggy to retain a fee based on service fee per ride completed. The amount of the applicable service fee varies based on area of operation and technologies or promotions in that area of operation.
Go Buggy reserves the right to change the service fee at any time at Go Buggy’s discretion. Go Buggy will provide you with notice in the event of such change. Continued use of the Go Buggy Application after any such change in the service fee calculation shall constitute your consent to such change.
Go Buggy, at its sole discretion, may make available promotions with different features to any Contractors or prospective Contractors. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Go Buggy.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the mobile telephone number you provided to us.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Go Buggy Application to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Go Buggy does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorised user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Go Buggy for accessing the Go Buggy Application. You are solely and fully responsible for all activities that occur under your User account, and Go Buggy expressly disclaims any liability arising from the unauthorised use of your User account. Should you suspect that any unauthorised party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
With respect to your use of the Go Buggy Application and your participation in the Services, you agree that you will not:
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
By providing Services as a Contractor on the Go Buggy Application, you represent, warrant, and agree that:
All intellectual property rights in the Go Buggy Application shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Go Buggy Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Go Buggy. Go Buggy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
GO BUGGY, its logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Go Buggy in Australia and/or other countries (collectively, the “Go Buggy Art”). If you provide Services as a Contractor, Go Buggy grants to you, during the term of your subscription, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Go Buggy Arts solely in connection with providing the Services through the Go Buggy Application (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Go Buggy’s prior written permission, which it may withhold in its sole discretion. The Go Buggy Arts may not be used in any manner that is likely to cause confusion.
You acknowledge that Go Buggy is the owner and licensor of the Go Buggy Arts, and that your use of the Go Buggy Arts will confer no additional interest in or ownership of the Go Buggy Arts in you but rather inures to the benefit of Go Buggy. You agree to use the Go Buggy Arts strictly in accordance with Go Buggy’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Go Buggy determines to nonconforming or otherwise unacceptable.
You agree that you will not:
Violation of any provision of this License may result in immediate termination of the License, in Go Buggy’s sole discretion. If you create any materials bearing the Go Buggy Art (in violation of this Agreement or otherwise), you agree that upon their creation Go Buggy exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Go Buggy Art or derivative works based on the Go Buggy Art. You further agree to assign any interest or right you may have in such materials to Go Buggy, and to provide information and execute any documents as reasonably requested by Go Buggy to enable Go Buggy to formalise such assignment.
The following disclaimers are made on behalf of Go Buggy, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Go Buggy Application is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Go Buggy Application and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state or territory.
We do not warrant that your use of the Go Buggy Application or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Go Buggy Application will be corrected, or that the Go Buggy Application is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Go Buggy Application or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Contractor or Passenger will complete an arranged transportation service.
We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the Go Buggy Application and Services, including looking at the photos of the Contractor or Passenger you have matched with to make sure it is the same individual you see in person.
Please note that there are also risks of dealing with underage persons or people acting under false pretence, and we do not accept responsibility or liability for any content, communication or other use or access of the Go Buggy Application by persons under the age of 18 in violation of this Agreement.
We encourage you to communicate directly with each potential Contractor or Passenger prior to engaging in an arranged transportation service.
Go Buggy is not responsible for the conduct, whether online or offline, of any User of the Go Buggy Application or Services. You are solely responsible for your interactions with other Users.
We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Contractors or Passengers.
By using the Go Buggy Application and participating in the Services, you agree to accept such risks and agree that Go Buggy is not responsible for the acts or omissions of Users on the Go Buggy Application or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Go Buggy Application (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you.
We are not responsible for the use of any personal information that you disclose to other Users on the Go Buggy Application or through the Services. Please carefully select the type of information that you post on the Go Buggy Application or through the Services or release to others.
We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorised users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Go Buggy Application, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Go Buggy Application or otherwise disseminated by third parties.
We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Go Buggy Application and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Go Buggy Application contains (or you may be sent through the Go Buggy Application) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Go Buggy Application.
Location data provided by the Go Buggy Application is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.
Neither Go Buggy, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Go Buggy Application. Any of your Information, including geolocational data, you upload, provide, or post on the Go Buggy Application may be accessible to Go Buggy and certain Users of the Go Buggy Application.
This paragraph applies to any version of the Go Buggy Application that you acquire from the Apple App Store. This Agreement is entered into between you and Go Buggy. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Go Buggy Application. Go Buggy, not Apple, is solely responsible for the Go Buggy Application and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of the Go Buggy Application and participation in the Services, including:
In no event will we, our affiliates, or each of our respective officers, directors, employees, agents, shareholders or suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Go Buggy Application, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Go Buggy Application, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. We will not be liable for any damages, direct, indirect, special, punitive, incidental and/or consequential (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your communicating with or meeting other Users of the Go Buggy Application or Services, even if we or our agents or representatives know or have been advised of the possibility of such damages. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
In the event that you have a dispute with one or more Users, you agree to release Go Buggy (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Go Buggy Application or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1.
You may discontinue your use of the Go Buggy Application or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Passenger and/or Contractor), or revoke your permission to access the Go Buggy Application, at any time, for any reason. We reserve the right to refuse access to the Go Buggy Application to any User for any reason not prohibited by law.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Go Buggy’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Go Buggy for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Go Buggy in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Go Buggy with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Go Buggy or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Go Buggy; becomes known to you, without restriction, from a source other than Go Buggy without breach of this Agreement by you and otherwise not in violation of Go Buggy’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Go Buggy to enable Go Buggy to seek a protective order or otherwise prevent or restrict such disclosure.
You and Go Buggy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to Go Buggy shall be given by mail, postage prepaid to:
PO Box 745
Coffs Harbour NSW 2450
Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Go Buggy Application or given to you via the email address you provide to Go Buggy during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give your notice by certified mail, postage prepaid, to the address provided to Go Buggy during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Go Buggy Application, you should first contact our Customer Service Department through our support centre via email at email@example.com.
This Agreement shall be governed by the laws of Australia without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Go Buggy, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Go Buggy with respect to the subject matter hereof.