1. Primer to Terms and Conditions
    • These Terms and Conditions relate to the Platforms thegoto.app, various versions of “GoTo” mobile software applications, and other technology platforms operated by GOTO (collectively “the Platforms”), which provide users with access to a range of services, including travel related services (the “Services”).
    • The Platforms are operated by GoTo World Pty Ltd (ABN 88 653 756 917) (“GOTO”). Access to and use of the Platforms, or any associated Products or Services, is provided by GOTO.  Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or interacting with any of the Platforms, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platforms, or any of Services, immediately.
    • GOTO reserves the right to review and change any of the Terms by updating this page at its sole discretion. When GOTO updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    • You accept the Terms by remaining on the Platforms. You may also accept the Terms by clicking to accept or agree to the Terms if/where this option is made available to you by GOTO in the user interface.
  3. Registration to use the Services
    • In order to access the Services, you must first register for an account through the Platforms (the ‘Account‘).
    • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      • Email address
      • Preferred username
      • Mailing address
      • Telephone number
      • Password
      • Payment information
      • Details regarding travel documents, including passports, visas and the like
      • CVs, resumes, and other information/documentation you to provide in the context of employment applications
      • Vaccination status
      • Other forms of personal information, including information required for the delivery of the Services, and/or for the delivery of third party services made available via the Platforms.
    • You warrant that any information you give to GOTO in the course of completing the registration process (and afterwards) will always be accurate, correct and up to date.
    • Once you have completed the registration process, you will be a registered member of the Platforms (‘Member ‘) and agree to be bound by the Terms.
    • You may not use the Services and may not accept the Terms if:
      • you are not of legal age to form a binding contract with GOTO; or
      • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a Member
    • As a Member, you agree to comply with the following:
      • you will use the Services only for purposes that are permitted by:
        • the Terms; and
        • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify GOTO of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      • access and use of the Platforms are limited, non-transferable and allows for the sole use of the Platforms by you for the purposes of GOTO providing the Services;
      • you will not use the Services or the Platforms in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of GOTO;
      • you will not use the Services or Platforms for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platforms;
      • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platforms without notice and may result in termination of the Services. Appropriate legal action will be taken by GOTO for any illegal or unauthorised use of the Platforms; and
      • you acknowledge and agree that any automated use of the Platforms or its Services is prohibited.
  5. Travel Requirements
    • Passports
      • All passengers require a valid passport for international travel. This means the passport must be valid for a set minimum period beyond your travel dates (the required minimum period depends on the country or countries you visit).
      • Please ensure you have a valid Passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
    • Visas
      • A visa provides you with the authority as a non-citizen to travel to another country. Some countries will not allow you to enter without a visa, or in some cases, without proof of a return or onward electronic or paper ticket.
      • Please ensure you have a valid Visa (as applicable) for all the countries you are travelling to which require a visa well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
  6. Third Party Services
    • The Services provided by GOTO include facilitation of access to third party services (“3P Services”). from third party suppliers (“3P Providers).  Examples of 3P services include, but are not limited to, the following:
      • Banking and financial services, provided by financial institutions.
      • Telecommunications services (for example SIM cards), provided by telecommunications service providers.
      • Accommodation services, provided by accommodation service providers.
      • Transportation services, provided by transportation service providers.
      • Tour services, provided by tour service providers.
      • Employment services, provided by employers and/or employment service providers.
      • Superannuation services, provided by superannuation services providers.
      • Education servicers, provided by education service providers.
      • Insurance, provided by insurance service providers.
      • Immigration and visa services, provided by a relevant service provider.
      • Taxation and accounting services, provided by accounting service providers.
    • GOTO is not a supplier for any 3P Services provided via the Platforms; GOTO is the agent of 3P Providers who provide such 3P Services, which can be booked/purchased via the Platforms. GOTO/  GOTO does not act as your agent when you book 3P Services through the Platforms.
    • When booking or purchasing a 3P Service (including as part of a package offered by GOTO) GOTO acts on behalf of the 3P Provider to accept your booking and payment. Each booking you make forms a contract between you and the applicable 3P Provider and is subject to any terms and conditions, including conditions of carriage and limitations of liability (“Product Terms), imposed by the 3P Provider. 3P Providers provide the 3P Services based on their respective Product Terms, which are set at the discretion of the relevant 3P Providers, and subject to change.  We recommend that you read the Product Terms before finalising your booking. GOTO can provide you with copies of the relevant terms and conditions on request.
    • In respect of any and all 3P Services, you must accept and agree to the Product Terms of the respective 3P Provider(s) to complete your booking. You should carefully read the Product Terms specific to the applicable 3P Services before completing your booking.
    • Your legal rights and remedies in connection with the provision of the 3P Services you book are against the relevant 3P Provider(s) and, except to the extent a problem is directly and primarily caused by fault on the part of GOTO, are not against GOTO. Specifically, if for any reason (excluding fault on the part of GOTO) any Supplier is unable to provide the 3P Services for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against GOTO. However, GOTO’s customer service team will assist you should you have an issue with a 3P Provider or the 3P Services and services they provide to you.
    • You provide consent for GOTO to provide any of your personal information to 3P Providers as relevant in the context of facilitating access to the 3P Services. This may include your payment information.
    • Packages made available by GOTO combine various 3P Providers’ 3P Services.
  7. Matchmaking Services
    • The Services provided by GOTO include matchmaking services, whereby GOTO facilitates the connection of multiple users of the Services to facilitate interpersonal interactions (for example to enable users to travel together and/or share resources). Such interpersonal interactions are entirely the responsibility and performed with the individual consent of the users involved, and GOTO assumes no responsibility or liability for any such interpersonal interactions.
    • Matchmaking services include connection of users for purposes including carpooling, sharing of resources, meeting other users, sharing of accommodation, and other purposes.
    • Matchmaking services provided by the Platforms may only be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
  8. GOTO Carpooling Platform
    • The Services may include a GOTO carpooling service and platform, referred to herein as the GOTO Carpooling Platform.
    • The GOTO Carpooling Platform is designed (i) to put drivers travelling to a given destination in contact with passengers going in the same direction, in order to enable them to share a “Journey” and therefore the associated costs, and at times (ii) to book tickets for bus Journeys operated by Bus Operators.
    • By interacting with the GOTO Carpooling Platform, you recognise having read and accepted all Terms herein, including these The GOTO Carpooling Platform specific conditions of use.
    • These terms and conditions have the purpose of governing access to and the terms of use of the GOTO Carpooling Platform. Please read them carefully. You understand and recognise that GOTO is not party to any agreement, contract or contractual relations of any nature, entered into between the Members of the GOTO Carpooling Platform or between you and the Bus Operator.
    • The following definitions apply for the purposes of this section:
      • “Offer” means an offer posted on the Platform about a Journey posted on the GOTO Carpooling Platform by a Driver;
      • “Bus Offer” means an Offer concerning a bus journey posted on the GOTO Carpooling Platform by a Bus Operator;
      • “Bus Operator” refers to a company professionally transporting passengers which has been authorised by GOTO to offer services via the GOTO Carpooling Platform;
      • “Account” means an account belonging to a User;
      • “Driver” means a User using the GOTO Carpooling Platform, to offer to transport another individual in exchange for a Cost Contribution, for a Journey and at a defined time;
      • “User” means any individual registered to use the GOTO Carpooling Platform;
      • “Passenger” means a User having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a User has booked a Seat;
      • “Cost Contribution” means, for a given Journey, a sum of money requested by the Driver as a contribution to the travel costs to be paid by a Passenger;
      • “Place” means a seat in a vehicle booked by a Passenger in the Driver’s vehicle;
      • “Journey” means a journey subject of an Offer published by a Driver on the GOTO Carpooling Platform, and for which he/she/they agrees to transport one or morePassengers in exchange for the Cost Contribution;
    • The GOTO Carpooling Platform may be used by individuals aged 18 or over. Registration on the GOTO Carpooling Platform by a minor is strictly prohibited. In accessing, using or registering on the GOTO Carpooling Platform, you represent and warrant that you are aged 18 or over.
    • The GOTO Carpooling Platform enables Users to post and view Offers and to interact with each other to book a Place. You can view the Offers if you are not registered on the GOTO Carpooling Platform. However, you cannot post an Offer or book a Place without having first created an Account and become a User.
    • Users agree to provide accurate and true information, and to update it in order to guarantee its relevance and accuracy over time, whilst using the Platforms. As User, and providing you fulfil the conditions below, you can create and post Offers on the GOTO Carpooling Platform by entering information about the Journey you intend to make (dates/times and collection points and arrival, number of Places offered, options available, amount of the Cost Contribution, etc.). Conditions include:
      • When posting your Offer, you can indicate the milestone cities in which you agree to stop, to pick up or drop off Passengers. The sections of the Journey between these milestone cities or between one of these milestone towns and the collection point or destination of the Journey constitute “Legs”.
      • You are only authorised to post an Offer if you fulfil all the following conditions: you hold a valid driving licence; you only offer Offers for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of carpooling; you are and remain the main driver of the vehicle subject of the Offer; the vehicle has valid third party insurance; you have no contraindication or medical incapacity for driving; the vehicle you intend to use for the Journey is a standard car with 4 wheels and a maximum of 7 Places; you do not intend posting another Offer for the same Journey on the GOTO Carpooling Platform; you do not offer more Places than the number available in your vehicle;    all Places offered have a seatbelt; to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date certificate of registration.
      • You recognise that you are solely responsible for the content of the Offer you post on the GOTO Carpooling Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Offer, and you undertake to fulfil the Journey under the conditions described in your Offer.
      • Providing your Offer complies with the T&Cs, it will be posted on the GOTO Carpooling Platform and therefore visible to Users. GOTO reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Offer that does not comply with the T&Cs or that it considers as damaging to its image, that of the GOTO Carpooling Platform, or that of the Services.
      • When a Passenger is interested in an Offer, he may make an online booking request. This booking request is either (i) accepted automatically (if the Driver chose this option when posting his Offer), or (ii) accepted manually by the Driver. At the time of the booking, the Passenger makes the online payment of the Cost Contribution and the related Service Fees, where applicable. After receipt of the payment by GOTO and validation of the booking request by the Driver, where applicable, the Passenger receives a booking confirmation (the “Booking Confirmation”).
      • If you are a Driver and have chosen to handle manually the bookings requests when posting your Offer, you are required to respond to any booking request within the given timeframe. Otherwise, the booking request will expire automatically and the Passenger shall be refunded all sums paid at the time of the booking request, if any.
      • At the time of the Booking Confirmation, GOTO will send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver). You are then solely responsible for executing the contract binding you to the other User.
      • Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to GOTO and the other Users participating in the Journey.
      • However, GOTO allows its Users to book one or more Places on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the booking, the forenames, age and telephone number of the person on whose behalf you are reserving a Place. It is strictly prohibited to book a Place for a minor under the age of 13 travelling alone. In the case where you are reserving a Place for a minor over the age of 13 travelling alone, you undertake to request the prior agreement of the Driver and to provide him with duly completed and signed permission of his/her legal representatives.
      • In addition, the GOTO Carpooling Platform is intended for the booking of Places for individuals. It is forbidden to book a Place for transporting any object, package, animal traveling alone or material items whatsoever.
      • Furthermore, it is prohibited to publish an Offer for a Driver other than you.
    • Where the platform allows booking of bus tickets, you can search for bus tickets on our GOTO Carpooling Platform and purchase it directly from the Bus Operators on our GOTO Carpooling Platform. Please note that these Bus Operators have been authorised by GOTO to sell their tickets on our GOTO Carpooling Platform and all bus tickets are subject to the terms and conditions of the Bus Operator you selected. You find the terms and conditions of the Bus Operator here on the GOTO Carpooling Platform. GOTO is no party to the transport contract between you and the Bus Operator and GOTO does at no point in time provide any professional passenger transport services. The price for a bus ticket is set by the Bus Operator offering the ticket. You will pay the price to the Bus Operator via the GOTO Carpooling Platform.
    • In the case that GOTO provides a review system, GOTO encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Journey or with whom you were supposed to share a Journey. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a User with whom you have not travelled or with whom you were not supposed to travel. Your review, and the review left by another User about you, if any,, are only visible and published on the GOTO Carpooling Platform after the shorter of the following periods: (i) immediately after you have both left a review, or (ii) after a period of 14 days following the first review. You have the option of responding to a review that another User has left on your profile in a 14-day delay following the date of the review received. The review and your response, where applicable, will be published on your profile.
    • You recognise and accept that GOTO reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these Terms. GOTO reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than an acceptable rating set by GOTO.
    • The Cost Contribution is determined by you, as Driver, under your sole responsibility. It is strictly prohibited to profit in any way from using our GOTO Carpooling Platform. Consequently, you agree to limit the Cost Contribution you ask your Passengers to pay to the costs you actually incur to make the Journey. Otherwise, you alone will bear the risks of recharacterization of the transaction completed via the GOTO Carpooling Platform. When you post an Offer, GOTO will suggest an amount of for the Cost Contribution, which notably takes account of the nature of the Journey and the distance travelled. This amount is given purely as a guideline and it is up to you to increase it or reduce it to take account of the costs you actually incur on the Journey. To avoid abuse, GOTO limits the possibility of adjustment of the Cost Contribution.
    • At the time of booking of a Journey or a bus ticket, GOTO may collect service fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution or the price of the bus ticket. The methods of calculation of the Service Fees in force can be found here and are for information purposes only. GOTO reserves the right to change the methods of calculation. Any modification does not affect the Service Fees of Journeys and bus tickets already booked. The Service Fees are collected by GOTO for each Place subject of a booking by a Passenger.
    • You recognise and accept that GOTO may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
    • In using the GOTO Carpooling Platform as Driver for Journeys, you confer on GOTO a collection mandate for the Cost Contribution in your name and on your behalf. Consequently, in the context of a Journey, and after manual or automatic acceptance of the booking, GOTO shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).  The Cost Contributions received by GOTO are deposited in an account dedicated to payment of the Drivers.
    • You recognise and accept that none of the sums received by GOTO in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of GOTO, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
    • After the Journey, the Passengers shall have a period of 24 hours after the end of the Journey to submit a claim on the Journey to GOTO. In the absence of claim of the Passengers within this period, GOTO shall consider the Journey confirmed. From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account. This credit corresponds to the total amount paid by the Passenger at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Passenger.
    • When the Journey is confirmed by the Passenger, you have the option, as a Driver, of giving instructions to GOTO to pay the money to your bank account (by entering your bank details in advance in your Account) or your PayPal account (by entering your PayPal email address in advance in your Account). The payment order in your name will be sent on the first working day after your request or, if you do not so request, the first working day after the provision of the sums in question to your profile (providing GOTO has your bank information). At the end of the applicable time limitation periods, any sum not claimed from GOTO shall be deemed to belong to GOTO.
    • You agree to use the Services and the GOTO Carpooling Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Journey with you.
    • As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Journey. You are solely responsible for calculating the costs you incur for the Journey and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs).
    • GOTO reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the GOTO Carpooling Platform. You agree to provide to GOTO, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the GOTO Carpooling Platform and are not drawing any profit therefrom.
    • GOTO also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the GOTO Carpooling Platform which, owing to the nature of the Journeys offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to GOTO that you are generating a profit on the GOTO Carpooling Platform.
    • Drivers and Passengers may cancel a Journey at any time and GOTO does not offer any guarantee, of any nature, in case of a cancellation for any reason by a Driver or a Passenger. The following conditions apply:
      • The cancellation of a Place by the Driver or the Passenger after Booking Confirmation is subject to the stipulations hereunder:
      • In the case of cancellation owing to the Driver, the Passenger is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees). This is notably the case when Driver cancels a Journey or has not arrived at the meeting point 15 minutes after the agreed time;
      • In the case of cancellation owing to the Passenger:
      • If the Passenger cancels more than 24 hours before the planned departure time as mentioned in the Offer, the Passenger shall only be refunded the Cost Contribution. The Service Fees are retained by GOTO and the Driver does not receive any sum of any nature;
      • If the Passenger cancels 24 hours or less before the planned departure time as mentioned in the Offer, and more than thirty minutes after the Booking Confirmation, the Passenger shall be refunded half the Cost Contribution paid at the time of Booking, the Service Fees are retained by GOTO, and the Driver receives 50% of the Cost Contribution;
      • If the Passenger cancels 24 hours or less before the planned departure time, as mentioned in the Offer, and thirty minutes or less after the Booking Confirmation, the Passenger is refunded the whole of the Cost Contribution. The Service Fees are retained by GOTO and the Driver does not receive any sum of any nature;
      • If the Passenger cancels after the planned departure time as mentioned in the Offer, or if he has not arrived at the meeting place 15 minutes after the agreed time, no refund shall be issued. The Driver shall be compensated with the whole of the Cost Contribution and the Service Fees are kept by GOTO.
      • When a cancellation occurs before departure and owing to the Passenger, the Place(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to the conditions of these T&Cs.
    • When using the GOTO Carpooling Platform and during Journeys, you undertake:
      • not to use the GOTO Carpooling Platform for professional, commercial or profit-making purposes;
      • (ii) not to send GOTO (notably upon creation or updating of your Account) or the other Users any false, misleading, malicious or fraudulent information;
      • not to speak or behave in any way or post any content on the GOTO Carpooling Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the GOTO Carpooling Platform, that may infringe the rights of GOTO or a third party or contrary to good morals;
      • not to infringe the rights and image of GOTO, notably its intellectual property rights;
      • not to open more than one Account on the GOTO Carpooling Platform and not to open an Account in the name of a third party;
      • not to try to bypass the online booking system of the GOTO Carpooling Platform, notably by trying to send another User your contact details in order to make the booking outside of the GOTO Carpooling Platform and avoid paying the Service Fees;
      • not to contact another User, notably via the GOTO Carpooling Platform, for a purpose other than defining the terms of the carpooling;
      • not to accept or make payment outside of the GOTO Carpooling Platform;
      • to comply with these Terms and the Privacy Policy; and
      • to comply with the terms and conditions of the Bus Operator offering the bus ticket you booked.
      • 2. Undertakings of the Drivers
      • As a driver, to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the Journey and to be in possession of a valid driving licence;
      • As a driver, to check that your insurance covers carpooling and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole Journey, even if cross-border;
      • As a driver, not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
      • As a driver, to post Offers corresponding only to Journeys actually planned;
      • As a driver, to make the Journey as described in the Offer (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Users (notably meeting place and drop-off point);
      • As a driver, not to take more Passengers than the number of Places indicated in the Offer;
      • As a driver, to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date certificate or registration;
      • As a driver, to communicate to GOTO or any Passenger who so requests your driving licence, your car registration certificate, your insurance certificate, and any document demonstrating your capacity to use the vehicle as Driver on the GOTO Carpooling Platform;
      • As a driver, in the case of holdup or change to the time or the Journey, to inform your Passengers without delay;
      • As a driver, to wait for Passengers at the agreed meeting place for at least 15 minutes after the agreed time;
      • As a driver, not to post an Offer relative to a vehicle you do not own or that you are not authorised to use for the purposes of carpooling;
      • As a driver, to ensure you can be contacted by your Passengers by means shown on your profile;
      • As a driver, not to generate any profit via the GOTO Carpooling Platform;
      • As a driver, not to have any contraindication or medical incapacity for driving;
      • As a driver, to behave appropriately and responsibly during the Journey, and in compliance with the spirit of carpooling;
      • As a driver, not to decline any booking based on race, colour, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.
      • as a Passenger, to adopt appropriate behaviour during the Journey so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
      • as a Passenger, to respect the Driver’s vehicle and its cleanliness;
      • as a Passenger, in the case of holdup, to inform the Driver without delay;
      • as a Passenger, to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
      • as a Passenger, to communicate to GOTO, or any Driver who so asks, your identity card or any document evidencing your identity;
      • as a Passenger, not to carry during a Journey any item, goods, substance or animal that could hinder the driving and concentration of the Driver, or the nature, possession or carriage of which is contrary to the legal provisions in force;
      • to ensure you can be contacted by the Driver by phone on the number registered on your profile, including at the meeting point.
    • In order to enable the provision of the Services, and in compliance with the purpose of the GOTO Carpooling Platform, you grant GOTO a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “User Content”). In order to enable GOTO to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the GOTO Carpooling Platform to the public, you authorise GOTO, for the whole world and throughout the duration of your contractual relations with GOTO, to reproduce, represent, adapt and translate your User Content as follows:
      • you authorise GOTO to reproduce all or part of your User Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the GOTO Carpooling Platform and the provision of the Services;
      • you authorise GOTO to adapt and translate your User Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your User Content, with respect for your moral right, for the purposes of respecting the graphics charter of the GOTO Carpooling Platform and/or making it technically compatible with a view to its publication via the GOTO Carpooling Platform.
    • GOTO has no control over the behaviour of its Users and the users of the GOTO Carpooling Platform. It does not own, exploit, supply or manage the vehicles subject of the Offers, and it does not offer any Journeys on the GOTO Carpooling Platform. You recognise and accept that GOTO does not control the validity, truthfulness or legality of the Offers, Places and Journeys offered. In its capacity of carpooling intermediary, GOTO does not provide any transport service and does not act in the capacity of carrier; the role of GOTO is limited to facilitating access to the GOTO Carpooling Platform. The Users (Drivers or Passengers) act under their sole and full responsibility. In its capacity of intermediary, GOTO cannot be held liable for the effective occurrence of a Journey or a bus journey notably owing to:
      • erroneous information communicated by the Driver with regard to a Journey for carpooling (for example in his Offer) or by the Bus Operator with regard to a bus Journey (for example in a Bus Offer),
      • cancellation or modification of a Journey by a User or by a Bus Operator;
      • non-payment of the Cost Contribution by a Passenger;
      • the behaviour of its Users during, before or after the Journey or a bus journey.
  9. Tours and Events
    • The Services include tours and events, whereby a user engages in an Activity coordinated by a representative of GOTO.
    • You acknowledge that the nature of the Activity may involve a degree of personal risk, and accept any such risks.
    • Some Activities include opportunities for participants to consume alcohol at their own discretion. GOTO urges all participants to drink responsibly and cannot accept any responsibility or liability if participants drink excessively, resulting in damages, ill health, injury or death.
    • All participants are responsible for their own safety and well-being during Activities coordinated by a representative of GOTO (in absence of a 3P Provider). GOTO will do its best to ensure that participants safely attend a variety of localities. However, GOTO cannot mitigate every eventuality and as such, GOTO Activities may involve an element of possible risk. All participants acknowledge these risks and attend Activities of their own accord and solely at their own risk.
  10. User Verification
    • GOTO may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
    • You recognise and accept that any reference on the Platforms or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. GOTO cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
  11. Commission
    • You acknowledge and agree that GOTO may receive a commission or an affiliate fee or a marketing fee from Bookings and other transactions entered into by you using the Services or Platforms.
  12. Payment
    • Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
      • Credit Card Payment (‘Credit Card‘)
      • PayPal (‘PayPal‘)
      • Other electronic payment means, as made available from time to time.
    • All payments made in the course of your use of the Services are made using PAYMENT GATEWAY. In using the Platforms, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PAYMENT GATEWAY terms and conditions which are available on their Platforms.
    • You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
    • You agree and acknowledge that GOTO can vary the Services Fee at any time.
  13. Refund Policy
    GOTO will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of GOTO makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).For 3P Services, Each booking you make forms a contract between you and the applicable 3P Provider and is subject to any terms and conditions, and refunds will be handled in the context of that contract between you and the 3P Provider.
  14. Copyright and Intellectual Property
    • The Platforms, the Services and all of the related products of GOTO are subject to copyright. The material on the Platforms are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platforms (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platforms, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by GOTO or its contributors.
    • All trademarks, service marks and trade names are owned, registered and/or licensed by GOTO, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      • use the Platforms pursuant to the Terms;
      • copy and store the Platforms and the material contained in the Platforms in your device’s cache memory; and
      • print pages from the Platforms for your own personal and non-commercial use.
        GOTO does not grant you any other rights whatsoever in relation to the Platforms or the Services. All other rights are expressly reserved by GOTO.
    • GOTO retains all rights, title and interest in and to the Platforms and all related Services. Nothing you do on or in relation to the Platforms will transfer any:
      • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      • right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    • You may not, without the prior written permission of GOTO and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platforms, which are freely available for re-use or are in the public domain.
  15. Privacy
    • GOTO takes your privacy seriously and any information provided through your use of the Platforms and/or Services are subject to GOTO’s Privacy Policy, which is available on the Platforms.
  16. General Disclaimer
    • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    • Subject to this clause, and to the extent permitted by law:
      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      • GOTO will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    • Use of the Platforms and the Services is at your own risk. Everything on the Platforms and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of GOTO make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of GOTO) referred to on the Platforms, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      • the accuracy, suitability or currency of any information on the Platforms, the Services, or any of its Services related products (including third party material and advertisements on the Platforms);
      • costs incurred as a result of you using the Platforms, the Services or any of the products of GOTO; and
      • the Services or operation in respect to links which are provided for your convenience.
  17. Limitation of liability
    • GOTO’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    • You expressly understand and agree that GOTO, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  18. Termination of Contract
    • The Terms will continue to apply until terminated by either you or by GOTO as set out below.
    • If you want to terminate the Terms, you may do so by:
      • providing GOTO with 30 days’ notice of your intention to terminate; and
      • closing your accounts for all of the services which you use, where GOTO has made this option available to you.
        Your notice should be sent, in writing, to GOTO via the ‘Contact Us’ link on our homepage, or other such functionality available via the Platform.
    • GOTO may at any time, terminate the Terms with you if:
      • you have breached any provision of the Terms or intend to breach any provision;
      • GOTO is required to do so by law;
      • the provision of the Services to you by GOTO is, in the opinion of GOTO, no longer commercially viable.
    • Subject to local applicable laws, GOTO reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platforms or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts GOTO’s name or reputation or violates the rights of those of another party.
  19. Indemnity
    • You agree to indemnify GOTO, its affiliates, employees, agents, contributors, third party content providers, licensors and 3P Providers from and against:
      • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      • any direct or indirect consequences of you accessing, using or transacting on the Platforms or attempts to do so; and/or
      • any breach of the Terms.
  20. Dispute Resolution
    • Compulsory:
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    • Notice:
      A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    • Resolution:
      On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
      • Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      • If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of NSW or his or her nominee;
      • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      • The mediation will be held in Sydney, Australia.
    • Confidential
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    • Termination of Mediation:
      If 30 Days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  21. Venue and Jurisdiction
    • In the event of any dispute arising out of or in relation to the Platforms, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
  22. Governing Law
    • The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  23. Independent Legal Advice
    • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  24. Severance
    • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Approved by GoTo World Pty Ltd (ABN 88 653 756 917)