PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Lumi Ride. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
Lumi Ride may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Lumi Ride reasonably suspects that:
Lumi Ride may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
Without limiting its other rights under these Terms, Lumi Ride may immediately restrict or deactivate your access to the Services if you breach the Lumi Ride Guidelines at any time.
You may terminate these Terms at any time, for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Lumi Ride may amend the Terms, any policies or supplemental terms (including the Lumi Ride Guidelines) related to the Services from time to time. Lumi Ride will provide you with at least 30 days’ written notice in the event of a material change to any Terms, policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon Lumi Ride’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
Lumi Ride will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of Lumi Ride’s mobile applications to arrange and schedule transportation with Lumi Ride.
The Services are made available solely for your personal, non-commercial use, unless Lumi Ride has agreed with you otherwise in a separate agreement. Lumi Ride accepts liability for the Services and Application that it provides to you subject to these Terms.
Subject to your compliance with these Terms, Lumi Ride grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Lumi Ride and Lumi Ride’s licensors.
You may not:
The Services and all rights therein are and shall remain Lumi Ride’s property or the property of Lumi Ride’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Lumi Ride’s company names, logos, product and service names, trademarks or services marks or those of Lumi Ride’s licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Lumi Ride certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Lumi Ride in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or delivery services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
By creating an Account, you agree that Lumi Ride may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the Services. You agree that Lumi Ride and is not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Lumi Ride at any time by following the directions found at http://www.LumiRide.com/AU You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.
Lumi Ride may, in Lumi Ride’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Lumi Ride establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
Lumi Ride may, in Lumi Ride’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Lumi Ride through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Lumi Ride, you grant Lumi Ride a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Lumi Ride’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Lumi Ride in its sole discretion, whether or not such material may be protected by law. Lumi Ride may, but shall not be obligated to, review, monitor, or remove User Content, at Lumi Ride’s sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Lumi Ride does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Lumi Ride will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Lumi Ride or required by the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Lumi Ride will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Lumi Ride using the preferred payment method designated in your Account, after which Lumi Ride will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Lumi Ride may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Lumi Ride, Lumi Ride reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Lumi Ride’s sole discretion.
Lumi Ride may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods at any time prior to such arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Provider for the services or goods provided. Lumi Ride does not designate any portion of your payment as a tip or gratuity to the driver. Any representation by Lumi Ride (on Lumi Ride’s website, in the Application, or in Lumi Ride’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Lumi Ride provides any additional amounts, beyond those described above, to the driver. You understand and agree that, while you are free to provide additional “tip” payment to any driver who provides you with services or goods obtained through the Service, you are under no obligation to do so. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your driver experience.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Lumi Ride in Lumi Ride’s reasonable discretion, Lumi Ride reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the driver using your payment method designated in your Account. Such amounts will be transferred by Lumi Ride to the applicable driver and are non-refundable.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the australian consumer law.
except as required of lumi ride under the consumer guarantees, the services are provided “as is” and “as available.” lumi ride disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law, including the australian consumer law.
if you are acquiring the goods or services as a consumer, lumi ride’s liability for a failure to comply with a consumer guarantee is limited to:
the limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the australian consumer law.
You agree to indemnify and hold Lumi Ride and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Lumi Ride’s use of your User Content; or (iv) your violation of the rights of any third party (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Lumi Ride directly caused or contributed to any such Losses.
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). Lumi Ride operates a complaints process to allow you to make complaints about Lumi Ride, and Lumi Ride also manages refunds to you in relation to those complaints. Lumi Ride will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the Australian Consumer Law.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of New South Wales, Australia, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of New South Wales, Australia or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
Claims of copyright infringement should be sent to Lumi Ride’s designated agent. Please visit Lumi Ride’s web page at https://www.LumiRide.com/AU for the designated address and additional information.
Lumi Ride may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Lumi Ride by written communication to Lumi Ride’s address at Mr C Breitenbach, 28 Lesay Drive St Helena 3088 Melbourne Victoria.
You may not assign or transfer these Terms in whole or in part without Lumi Ride’s prior written approval. You give your approval to Lumi Ride for it to assign or transfer these Terms in whole or in part, including to:
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law. In these Terms, the words “including” and “include” mean “including, but not limited to.”