BRIDJ TERMS AND CONDITIONS OF USE
1. Bridj is a property of Bridj Pty Ltd ACN 147 526 412 (“Bridj”, “We”, Us or “Our”).
2. The Terms and Conditions of Use (“Terms”) govern your use of Bridj (“Our”) services (“Services”) available through Our website (“Site”) and mobile application(s) (“Applications”).
3. Please read the terms in full before using Our Site, Applications, or Services.
5. If you do not agree to these terms, please do not use Our Site, Our Applications or Services.
6. We reserve the right to modify these Terms at any time without prior notice.
7. Your use of the Site, Applications, or Services bind you to the Terms applying at the time you use Our Services, Site or Applications.
8. We do occasionally update these terms so please refer to them in the future.
9. Our Terms are a legally binding agreement made between Bridj and you ("You," "Your," or "Yourself”).
ACCESS TO SITE AND APPLICATIONS
10. You will be able to access Our Site without having to register personal information (e.g., name, e-mail address) with us.
12. You may only access Our Applications by downloading them from third-party platforms, namely Google play and the Apple App store.
13. These Terms are only applicable to the use of Our Site and Applications.
14. We do not have any control over third-party platforms or applications.
15. We disclaim all liability from Your use of those third-party platforms and applications.
USE OF SITE AND APPLICATIONS
17. Our Site, Applications, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly of them are the exclusive property of Bridj and are protected by Australian and international copyright laws.
18. The contents of Our Site or Applications may be used for informational purposes only.
19. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without Our prior written consent is expressly prohibited.
20. Any other trademarks or service marks appearing anywhere on Our Site or Applications are the property of their respective owners. To the extent any product name or logo does not appear with a trademark symbol (™ or ®) does not constitute a waiver of any intellectual property rights that Bridj or its partner businesses have established in any of its products, applications, features, service names or logos.
21. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process at all, whether existing now or developed at any time in the future, any content of this Site or Applications for commercial profit or gain.
22. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to You.
23. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.
24. We hold all relevant rights or licenses to the content on this Site or in Our Applications.
25. As a condition of Your use of the Site or Applications, You will not use the Site or Applications, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where Our Site or Applications are being used, or prohibited by these terms, conditions, and notices, and You agree to abide by the terms and conditions set forth in the “User Conduct” section.
26. You may not use the Site or Applications contents or services in any manner that could damage, disable, overburden, or impair any of Our equipment or interfere with any other party’s use and enjoyment of the Site, Applications, or any contents or services.
27. You may not attempt to gain access to or reverse engineer any portion of the Site or Applications, or any of their contents or services, other than those for which You are authorised.
28. While We make every effort to ensure the timeliness and accuracy of the Site or Applications, or any of their contents and services, We make no express or implied warranties, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness of any of the results obtained from their use.
29. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use regarding any content or services of any kind that may be accessed through the Site or Applications, or the results to be obtained from using the Site or Applications.
30. We make no representation or warranty that the Site or Applications content is free from defects or viruses.
31. Your use of external links and third-party websites is at Your own risk and subject to the terms and conditions of use for such links and sites.
32. While every effort is made to ensure that all content provided on the Site and Applications does not contain viruses and/or harmful materials, You should take reasonable and appropriate precautions to scan for viruses or protect Your computer and You should ensure that You have a complete and current backup of the applicable items on Your computer and other devises.
33. You waive any claim against Us for any liability for the need for services or replacing equipment or data resulting from Your use of the Site or Applications.
34. While We make every effort to ensure smooth and continuous operation, We do not warrant the Site or Applications will operate error free, and You waive any claim you may have against Us where Our operations are interrupted.
SITE AND APPLICATION UPTIME
35. We take all reasonable steps to ensure that Our Site and Applications are available 24 hours a day, 365 days per year.
36. Websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Our Site or Applications may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond Our control.
37. We will not be liable if Our Site or Applications are unavailable at any time.
38. Where possible, We will try to give Our users advance warning of maintenance issues, but We shall not be obliged to do so.
39. Our Site and Applications rely on integrated third party platforms to support Our Site and Applications.
40. We have confidential agreements with these third party providers and We are bound by the terms and conditions of use and privacy policies of those third party platform providers.
41. We will not be liable if Our Site or Applications are unavailable at any time due to the failure or outage of a third part platform.
42. Should Our use of third party platforms cause You any concerns, We suggest that You do not use Our Site or Applications.
43. Bridj does not operate as a transportation provider. Bridj provides a platform to connect users with transportation providers that are independently owned and operated by third parties.
PAYMENT AND PRICING
44. ALL SALES ARE FINAL. Any and all purchases made on Our Site and/or Applications are NON-REFUNDABLE and only valid for Your selected trip, date and scheduled departure time. If there is availability on another trip, We may be able to switch Your pass. at our complete discretion.
45. We will try to accommodate all requests however we may not be able to do so, and you acknowledge this and waive any liability on Us to do so.
46. We are not responsible for any disruption of Our services and you waive any liability which may arise from such a service disruption.
47. Prices listed on Our Site and/or Applications may not reflect Our current pricing.
48. All prices are subject to change.
49. Please confirm the current pricing prior to purchasing Your pass.
50. We may also offer promotional pricing for limited periods of time.
51. All such pricing for Our services is done at Our complete discretion.
52. If Your shuttle is cancelled, We may at our complete discretion provide a refund of Your fare or provide credit for another Bridj pass.
53. Where You comply with these Terms, We grant You a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use.
54. Regarding any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), You will use the App Store Sourced Application only:
54.1 on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
54.2 as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
55. We reserve all rights in and to the Application not expressly granted to You under this Agreement.
E-MAIL AND TEXT COMMUNICATIONS
56. E-mail communications and text messages sent from Us or through Us are designed to make Your Bridj experience more efficient.
57. By accessing Our Site or Applications, You specifically consent and agree to accept e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about the status of your trip and e-mails informing You of promotions We run and e-mails informing You of new and existing features We provide.
58. Standard text messaging charges applied by Your phone carrier will apply to text messages We send.
59. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enrol in the notification service.
60. We reserve the right to cancel the notification service at any time.
61. If You do not wish to receive any of Our e-mail communications or text messages, please do not use Our Site or Applications.
62. Any material You send, post, or upload to Our Site or Applications shall be considered non-proprietary and non-confidential.
63. We reserve the right to remove anything You send, post, or upload to Our Site or Applications at Our sole discretion.
64. When using Our Site and Applications, You shall not post, send, or upload to or from either the Site or Application:
64.1 content for which You have not obtained all necessary consent;
64.2 content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where Our Site or Applications are being used;
64.3 content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
65. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to Our Site or Applications in breach of this Section.
66. You shall not use Our Site or Applications while distracted or preoccupied, such as when operating a motor vehicle. You should access Our Site or Applications only with due regard for Your own safety and the safety of others.
67. By using our Site, Applications, or Services you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.
68. Where persons under 18 years wish to use the services, the following limitations apply:
68.1 Children under twelve years old must be accompanied by a parent or guardian to use the transport services; or
68.2 A person must be sixteen years or older to book a trip using the Application or Our Site.
LINKS TO AND FROM THIRD PARTY WEBSITES AND APPLICATIONS
69. Any links furnished on Our Site or Applications may allow You to leave Our Site or Applications and be directed to third party websites or applications.
70. These third party websites and applications are not under Our control and We disclaim any responsibility for the contents of such linked sites or any link(s) contained in any such linked site(s) or any changes or updates to any of these sites.
71. We disclaim any responsibility for any form of transmission received from any linked third party website, application or advertising. We provide these links to You as a convenience to You and inclusion of any link here shall in no way be construed as an endorsement by us of the site(s) or applications.
72. If You would like to link to Our Site or Applications, You may only do so on the basis that You link to, but do not replicate, any page of Our Site or portions of Our Applications, and subject to the following conditions:
72.1 You do not in any way imply that We are endorsing any services or products unless this has been specifically agreed with us in writing;
72.2 You do not misrepresent Your relationship with us or present any false information about us;
72.3 You do not link from a website or account that is not owned by You; and
72.4 Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the Australia.
73. If You choose to link Our website in breach of this Section, You shall fully indemnify Us for any loss or damage suffered as a result of Your actions.
74. We comply with Australian Privacy Law requirements where they apply to our business and services.
75. Personal information (information or an opinion about passengers) collected from passengers, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (called “Personal Information”) collected by Us may be disclosed to third parties and/or government agencies under contractual arrangements or obligations with those third parties/government agencies.
76. The third parties and/or government agencies may disclose the Personal Information to other government agencies. These government agencies may use the Personal Information for any purpose regarding the exercise of their government functions. Such Personal Information may also be disclosed to other third parties if required by law.
77. The third parties and/or government agencies may also use Your contact details to conduct surveys regarding the provision of the services provided by Bridj or third parties using the Bridj Applications.
78. By using the services provided by Bridj or third parties using the Bridj Applications, You consent to the collection, use and disclosure of Personal Information in the manner that We have outlined.
79. All information on Our Site and Applications is of a general nature and is furnished for Your knowledge and understanding and as an information resource only.
80. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors.
81. Changes are periodically added to the information contained on Our Site and Applications.
82. We may make improvements and/or changes to any of the products depicted or described here at any time.
83. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from Your use of the Site or the Applications or reliance on the information from either.
84. The Site and Applications are provided on an “as is” and “as available” basis.
85. We make no warranties, express or implied, representations or endorsements of any kind regarding any products, information or service provided through this Site or the Applications, including, title, non-infringement, or any other warranty, condition, guarantee, or representation, whether oral or in writing, or in electronic form.
LIMITATION OF LIABILITY
86. Your use of our Site, Applications, and Services is entirely at your own risk.
87. We will not be responsible to You or to any third parties for any direct or indirect, incidental, consequential, special, or punitive damages or losses or injury You may incur in connection with Your use or inability to use the Site or the Services or Applications, or Your reliance on or use of the Site, Application, the information, or services provided, or that result from mistakes, omissions, interruptions, deletions or any failure of performance, or any of the data or other materials transmitted through or residing on Our Site or Applications, regardless of the type of claim or the nature of the cause of action, even if we have advised of the possibility of such damage or loss.
88. The total amount of liability for any claim shall not exceed the amount you paid to purchase a pass.
89. You agree to defend, indemnify, and hold Us, Our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, Your use of and access to the Site, Applications, and/or Services or Your violation of these Terms or Your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
90. These Terms, and any rights and licenses granted here, may not be transferred or assigned by You.
91. We make no representations that the content or the Site or the Applications are appropriate or may be used or downloaded outside the Australia.
92. Access to the Site and/or the content may not be legal in certain countries outside Australia.
93. If You access the Site or Applications from outside Australia, You do so at Your own risk and are responsible for compliance with the laws of the jurisdiction from which You access the Site and/or Applications.
94. Our Site and Applications are created and controlled by the laws of the State of Queensland and Australia.
95. Any disputes arising from Our Site, Applications, and their contents shall be construed and interpreted under the laws of the State of Queensland, and/or Australia.
96. Use of Our Site and Applications constitutes agreement by You to the exclusive jurisdiction of the state and Commonwealth courts located in Queensland.
97. Our Site and Applications are subject to the Australian export control laws and regulations, and may be subject to export or import regulations in other countries.
98. You agree to strictly comply with all such laws and regulations and acknowledge that You have the sole responsibility to obtain authorisation to export, re-export, or import of any data on Our Site or through Our Applications, as may be required.
100. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
101. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
102. You agree that any cause of action arising out of or related to the Site, Applications, or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Bridj Pty Ltd
3/13 Manilla Street
East Brisbane QLD 4169