Website and Services Terms of use2019-07-15T14:52:51+10:00

Website, App and Services Terms of Use

Basis of Agreement

    1. These Terms apply exclusively to the provision of goods and services by Rideshare to you and cannot be varied or replaced without Rideshare’s written agreement.
    2. These terms and conditions govern the use of the Rideshare Website, App and Services provided by Rideshare.
    3. By registering on our Website, App and using our Services, you are indicating that you accept these Terms & Conditions and agree to be bound by these Terms & Conditions.
    4. Rideshare may vary or amend these Terms at any time by written notice to you. Any variations or amendments will apply from the date specified the written notice, but will come into effect no earlier than 4 weeks after the notice.
    5. To avoid any doubt, by accepting these Terms and Conditions, nothing contained within these Terms and Conditions requires you to create an account in order to be bound and your use of our Website constitutes your agreement to all conditions contained in these Terms & Conditions.

Use

    1. Any reports or information you obtain from Rideshare, including the free BAS lodgement report, and the 12-week logbook, is your responsibility to ensure that all data and information provided to Rideshare is correct, including but not limited to data provided to Rideshare that is collected via a third-party app or website (e.g. Uber in-car app or other rideshare tracking software).
    2. You acknowledge Rideshare will prepare reports and returns using the information and data provided by you at your request.
    3. It is your responsibility to ensure that all data and information provided to Rideshare is correct, including but not limited to data provided to Rideshare that is collected via a third-party app or website (e.g. Uber in-car app or other rideshare tracking software).
    4. Any data provided to Rideshare from a third-party app or website on your behalf is treated as being provided by you to Rideshare.
    5. Rideshare warns that provision of incorrect information to Rideshare by you may cause statements, reports or returns prepared by Rideshare to be inaccurate or defective.
    6. It is your responsibility to provide all relevant data to Rideshare prior to the nominated deadline date for preparation of reports and returns failure to do so may result in Rideshare preparing a report or return based on incomplete information or data (“insufficient information”).
    7. Rideshare does not provide any guarantee of results in relation to the tax returns or other tax benefit results that users are likely to achieve through the use of the Services. Individual results may vary depending on the financial circumstances of the user.
    8. Any information or ‘Frequently asked questions’ viewed on the Rideshare website and app are a guide for general information purposes only and should not be regarded as financial or legal advice.
    9. You accept that your use of the services provided by Rideshare is at your own risk.
    10. Rideshare staff may take and keep on your file detailed notes of any discussions or conversations with Rideshare employees.
    11. You must not post or transmit via the Rideshare website or app any information or material or otherwise use same for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including accepted community standards.

Registration

    1. By registering with Rideshare, you agree to facilitate provision to us, full and unrestricted access to all information held in or collected by any Uber/other rideshare accounts.
    2. You must provide us with notice of any change to the information provided on your registration application within 14 days of that change. A valid email address must be recorded at all times.
    3. Registered users subscribing to Rideshare’s online service will have full access to the app, and online forms. You will be not be charged until you submit a request for us to complete and lodge a service for you. Committing to the online and/or app service does not entitle the user to individualised assistance, tax advice or financial advice.
    4. Rideshare will provide users with telephone support for technical problems relating to use of the App and/or the Website only. Rideshare telephone support will not provide users with financial advice.
    5. Rideshare may provide users with individualised assistance, tax advice or financial advice which will be at additional cost, as notified to the user, in addition to the usually fee.

Cancellation

    1. You may cancel or end your registration and/or your service account with Rideshare at any time.
    2. Cancellations must be made by email to Rideshare at: support@ridesharetax.com.au.
    3. Cancellations by text message or, social media including Facebook and Instagram or any other method will not be accepted.
    4. We may suspend, cancel, or terminate your access to all or any part of the Rideshare website and/or App at any time if you breach these website terms and conditions, in our reasonable opinion.
    5. You will remain liable to pay costs or fees to Rideshare after cancellation in respect of services provided or charges incurred prior to the registration being cancelled.

Business Activity Statement Lodgements

    1. Rideshare have no obligation to remind you of Business Activity Statements lodgement deadlines.
    2. It is the user’s responsibility to lodge their Business Activity Statements to the ATO by the due date. The user is responsible for any late lodgement fees from the ATO.
    3. The user understands if they pursue our services to prepare and lodge their Business Activity Statements, to allow up to 5 business days for the service to be processed. If this falls after the ATO’s deadline, the user understands that Rideshare is not responsible. The user is responsible for any late lodgement fees from the ATO.
    4. Rideshare will do its best efforts to attempt to avoid any such late lodgement fees.

Income Tax Return Lodgements

    1. Rideshare have no obligation to remind you of Income Tax Return lodgement deadlines.
    2. It is the user’s responsibility to lodge their Income Tax to the ATO by the due date. The user is responsible for any late lodgement fees from the ATO.
    3. The user understands if they pursue our services to prepare and lodge their Income Tax Return, to allow up to 5 business days for the service to be processed. If this falls after the ATO’s deadline, the user understands that Rideshare is not responsible. The user is responsible for any late lodgement fees from the ATO.
    4. Rideshare will do its best efforts to attempt to avoid any such late lodgement fees.

Risk

    1. Rideshare warns that provision of incorrect or insufficient information to Rideshare may result in tax returns or Business Activity Statements lodged with the Australian Tax Office containing incorrect information which may result in audit, fines, additional tax payable or prosecution.
    2. You acknowledge that any such consequence of providing incorrect or insufficient information to Rideshare is your responsibility and risk.
    3. You acknowledge and agree that the above-mentioned consequences of providing incorrect or insufficient information or data to Rideshare are not exhaustive, and there are other unknown or unforeseen risks that may result in financial cost or loss to you.

Limitation of Liability

    1. By accepting these Terms and Conditions you agree that Rideshare will not be liable for any claim, demand, action, fine, or prosecution that may result from you providing incorrect data or information to Rideshare.
    2. To the maximum extent permitted by law, Rideshare excludes completely all liability what so ever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of personal income or business profits) however caused (including negligence) arising out of or in connection with the use of the services.
    3. Where the law implies a warranty into these Terms which may not be lawfully excluded, Rideshare’s liability for breach of such a warranty shall be limited, at its option, to any one or more of the following:
      • In the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
      • In the case of services, to wither supplying the services again or payment of the cost of having the services supplied again.
    4. Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

Payment

    1. Payment is required when you request Rideshare to complete your Business Activity Statements, Income Tax Returns and/or any other service. Rideshare will not complete the service without a valid payment upfront.
    2. Rideshare has no legal obligation to issue a “tax invoice” (as defined in the GST Act) unless you request one.
    3. You must ensure that you have sufficient funds in your nominated bank account to cover payments.
    4. If you believe that there has been an error in debiting your account, you should contact Rideshare in writing as soon as possible.

Credit Card and Direct Debit Arrangements

    1. I am aware that credit card payments and debit arrangements are managed and debited by Stripe Inc as a third-party credit provider on behalf of Rideshare as a third-party billing company acting as our debit payment provider (“debit payment provider”).
    2. Rideshare may from time to time utilise Paypal or Commonwealth Bank a debit provider.
    3. Rideshare may also elect to nominate a replacement debit payment provider, which will only be done after first giving you reasonable notice in writing.

Holding Amount

    1. You agree that we may deduct from any amount held by us, any outstanding fee or any costs or expenses incurred by us, that we consider are necessary, in our absolute discretion, to incur in order to protect or enforce our rights, in respect of any of the following:
      • any violation of these terms and conditions by you;
      • any activity related to your service account;
      • negligent or wrongful conduct by your or any other person accessing our website using your service account; and
      • any litigation or other steps we may take in order to enforce your compliance with these terms and conditions (including enforcement of payments to us).

Privacy Policy

    1. Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by Rideshare or our debit payment provider to provide you with the services contemplated by the Payment Request or these Terms. Rideshare will only disclose such information to third parties with your prior written permission or to the extent specifically required by law.
    2. Personal information we receive from you may include:
      • First Name;
      • Last Name;
      • Entity details (if any):
      • Phone Number;
      • Email;
      • Address;
      • Gender;
      • Date of Birth;
      • Tax File Number;
      • Bank Account Details (for the occasions they receive a refund);
      • Vehicle details including make, model, type, registration etc;
      • Access to uber/other rideshare accounts, which will include income.
      • Other financial information as requested.
    3. We may use your Personal Information to:
      • respond to your enquiries and fulfil your requests;
      • send administrative information to you, for example to process your payments, communicate with you regarding your purchase or session bookings and provide you with related customer service;
      • to send you details of opening hours, schedule changes and notifications, price updates, changes to terms and conditions;
      • to sent you marketing information that we believe may be of interest to you, such as to send you newsletters, new products, specials and promotions, workshops, membership offers;
      • prepare Business Activity Statement returns, tax returns and other financial reports, statements and returns as you may instruct from time to time;
      • Transfer funds to your nominated bank account (in the event of a refund from the ATO);
    4. We will retain your Personal Information for as long as needed to provide the applicable Services to you, unless a longer retention period is required or permitted by law.
    5. Rideshare will not receive or retain your credit card details or banking information. Such information is to be provided by you directly to our debit payment provider
    6. The privacy policy of our debit payment provider can be viewed here https://stripe.com/au/privacy. By using the services, you are indicating that you have read the privacy policy of our Debit Payment Provider and agree to its terms.
    7. The policies and guidelines of use of our debit payment provider can be viewed here https://stripe.com/docs/disputes. By using the services, you are indicating that you have read the security policy of our Debit Payment Provider and agree to its terms.
    8. The website contains some links to external websites. We are not responsible for the privacy practices or the content of these web destinations. You are encouraged to read the individual privacy policies of those websites.

Security

    1. Users will be issued with a username and a password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all conduct carried out under this username.
    2. You will be responsible for any access to the Rideshare website or app using your registration details, even if the access is by another person.

Compatible Platforms

    1. The Rideshare App and website will support iOS and most Android platforms only.

Pricing

    1. All prices quoted for goods and services include GST, unless otherwise specified.
    2. Rideshare may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services, by providing prior written notice to you. Any changes to the prices will take effect from the date specified in the notice.

Complaints Handling

    1. If you ever have a complaint, please send us an email with your complaint and we will do all that is reasonably and practicably possible to assess the merits of the complaining and respond to such complaints within a reasonable time and in a reasonable manner.

Third-Party Websites

    1. The Rideshare Website may contain links to other websites operated, controlled or produced by third parties.
    2. Unless otherwise indicated, Rideshare does not control, endorse, sponsor or approve any such third party websites or their content nor does Rideshare provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Copyright

    1. The contents and design of our Website including all text, images or trademarks is the exclusive content of Rideshare Tax Pty Ltd and is protected by copyright laws.
    2. Save in respect of your personal information, you acknowledge that all right, title and interest in and to our Website and our Services (including in respect of the software and technology underlying our Website, any documentation or content provided with our Services, and any know-how, trademarks or service marks of ours) (our “Intellectual Property”) are vested in Rideshare.
    3. Without our express written permission, you may notreproduce, modify, copy, transmit, display, publish, communicate, distribute or otherwise use our Intellectual Property or any material contained within our Website.
    4. For avoidance of doubt, nothing in these Terms shall be construed as granting you any right, title or interest in and to any of our Intellectual Property or any other intellectual property owned or controlled by Rideshare.

General

  1. The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
  2. Any terms and conditions, terms of warranty provided with any product, term of guarantees or any other term provided in an agreement made by Ridesharewith its customers that are inconsistent with Victorian state legislation or Commonwealth legislation shall be deemed void to the extent of the extent of inconsistency.
  3. Rideshare’s failure to enforce any of these Terms shall not be construed as a waiver of any of Rideshare’s rights.
  4. Our relationship with you under these Terms is one of independent contractors and not of partnership, joint venture, employment or principal and agent.
  5. We will send any legal notices or communications regarding your service account to your nominated email address. Delivery shall be deemed effected by a confirmation of delivery produced by our email service provider.
  6. If a clause in these terms is found to be unenforceable it must be read down to be enforceable or, if it cannot be read down, the term may be severed from the Terms, without affecting the enforceability of the remaining terms.

Definitions

In these Terms:

“ACL” means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010
(Cth) and its associated Regulations as amended;
“Goods” means any goods supplied by Rideshare to you;
“Rideshare” or “We”or “Our”means Rideshare Tax Pty Ltd ACN 618 445 926;
“In writing” means delivered to staff on our premises in person or by mail, or sent to our nominated email address;
“Services” means any services, including advice, reports, tax returns, workshops and training provided and presented to you by Rideshare or subcontracted parties;
“Terms” means these Terms and Conditions; and
“User” or “You”or “I”means you, the person acquiring goods or services from Rideshare.