Legal – Passenger Agreement
This Passenger Agreement together with any and all of its Schedules and Attachments (Terms) detail the agreement between you and DiDi Mobility (Australia) Pty Ltd (ACN 623 144 963) for Australia and/or DiDi Mobility (New Zealand) Limited (company number 8037474) for New Zealand (individually and collectively (as applicable) (DiDi)) governing your use of the DiDi Rider App and platform (Rider App)which facilitates the provision of point to point transportation services (Transportation Services) and Delivery Services (Delivery Services) (collectively, the Services) requested by you via the Rider App.
In these Terms, “Passenger“, “you“, “your” and “yours” refer to the person using the Rider App and “we“, “us” and “our” refer to DiDi.
Whilst you are required to comply with DiDi’s policies as amended from time to time, for the avoidance of doubt those policies themselves do not form part of these Terms nor do they constitute contractual terms and conditions with DiDi.
If you do not agree with these Terms you must not access or use the Rider App.
1. PASSENGER REGISTRATION
1.1 To be eligible to register on, and use, the Rider App you must:
(a) be over 18 years old and legally able to enter contracts;
(b) have a valid payment method; and
(c) agree to comply with these Terms and any requests from DiDi to provide accurate and valid information relevant to your use of the Rider App.
1.2 You will be asked to allow DiDi various permissions in order for the Rider App to properly function. If you are using the IOS system, you may be asked words to the effect of “Allow DiDi to access photos, media and files on your device” and if you are using the Android system, you will be asked words to the effect of “Storage permission is required by DiDi. Including Read/Write/Delete External Storage”.You acknowledge and give the necessary permissions to DiDi including accessing your photos and files for the purpose of setting your profile picture and facilitating communication between you and the drivers through the Rider App.
1.4 You warrant that the information provided by you to us is true, accurate and complete and you acknowledge that DiDi reserves the right to verify your information.
2. OUR ROLE
2.1 “Affiliates” refers to any company or entity controlled by, controlling, or under common control or in a partnership or joint venture with DiDi
2.2 You acknowledge that DiDi (or any Affiliate) is not an owner or driver of vehicles or an employer of drivers. You also acknowledge that DiDi does not provide Services and is not a carrier or a common carrier. Unless explicitly specified otherwise, DiDi’s responsibilities are limited to:
(a) facilitating the use and making available the Rider App; and
(b) in the case of Services, serving as the limited payment collection agent of each driver for the purpose of accepting and processing payments from Passengers on behalf of the driver.
2.3 In New Zealand, drivers may be operating under DiDi’s Transport Service Licence (TSL). In this situation, DiDi will be considered a Transport Service Operator for the purposes of the Land Transport Act 1998 (NZ) and the Land Transport Rule: Operator Licencing 2017 (NZ), and DiDi’s responsibilities and obligations will include those set out in the relevant legislation.
2.4 From time to time DiDi may on behalf of the driver offer promotions or discounts to some or all Passengers that may have the effect of you paying the driver a lower amount than would otherwise have been the case.
3. YOUR OBLIGATIONS
3.1 You agree that when you use the Rider App you will:
(a) comply with all applicable laws, regulations and rules;
(b) comply with these Terms, including the Passenger Code of Conduct, DiDi Delivery Rules, Standard Terms for Delivery Services and any other Schedule or Attachment to these Terms;
(d) comply with any relevant terms and conditions applicable to your use of the Rider App including without limitation DiDi’s Passenger Software Use and Licence Agreement and any promotion or discount terms and conditions;
(e) if you arrange a ride on behalf of someone else, provide the name, location, phone number and other information about that person so that they can use our services (and by providing this information, you warrant that you have obtained their consent to share that information with us);
(f) not use it to arrange a ride on behalf of someone who is less than 18 years old;
(g) comply with all applicable safety procedures required by law or recommended by governmental bodies in receiving the Delivery Service, including those relating to social distancing, no touch delivery, and any applicable social gathering rules or restrictions;
(h) not use it for any illegal, fraudulent, harmful purpose, or other purpose that is contrary to DiDi’s values.
4. CHANGES TO TERMS
4.1 We may at any time, in our sole discretion, propose changes to these Terms including any and all of its Schedules and Attachments or any other document referenced in these Terms. These changes will apply automatically from the time that they are made available to you or published on our website.
4.2 If you do not agree to a proposed change, you may terminate these Terms by deleting your account immediately without penalty or notice to us in accordance with clause 14.3.
4.3 If you continue to use the Rider App after any change to these Terms has been made available to you or published on our website, or you otherwise indicate acceptance to us of any change to these Terms, you will be taken to have accepted such change from the date of your first use or acceptance.
5. PRODUCT OFFERINGS
5.1 When using the Rider App, you may have access to multiple product offerings from us in relation to Services including, but not limited to, “DiDi Express”, “DiDi Max”, “DiDi Share”, “DiDi Care”, “DiDi Saver” and “DiDi Delivery”.
5.2 You acknowledge that “DiDi Share”, when compared with other Transportation Services such as “DiDi Express” and “DiDi Max”, may:
(a) take a more indirect route to your destination;
(b) increase the length of your journey,
which may be due to a range of factors including additional travel as a result of:
(c) being matched with other passengers;
(d) walking to a particular pick up location
(e) stopping and picking up other passengers; and/or
(f) stopping and dropping off other passengers.
5.3 You must not use “DiDi Share” if you intend to bring more than one additional passenger with you, if you have luggage or baggage with you, or if you require the driver to make multiple stops.
5.4 You acknowledge that “DiDi Share” does not permit you to change your pick-up and drop-off location.
6.1 You may cancel a booking request before the booking request is accepted by a driver without payment of a cancellation fee.
6.2 A cancellation fee may be payable by you if you cancel an accepted booking request in such circumstances as outlined in the Cancellation Policy.
7.1 The Rider App allows you to contact a driver who has accepted your booking service request via call or message anonymously to facilitate the provision of Services. You acknowledge and agree that to enable this functionality, you will be asked to allow DiDi to access to your media files. If you are using IOS system, you will be asked words to the effect of “Allow DiDi to access photos, media and files on your device” and if you are using Android system, you will be asked words to the effect of “Storage permission is required by DiDi. Including Read/Write/Delete External Storage”.
8. REPORTING INAPPROPRIATE CONDUCT
8.1 If you have a driver who you feel is acting or has acted inappropriately, including but not limited to:
(a) breaches of any applicable local, state or national law, regulation and/or rule;
(b) driving under the influence of alcohol or drugs;
(c) appearing in any way to be unfit to drive;
(d) stealing, theft or fraud;
(e) discriminating or acting in an inappropriate way; or
(f) engaging in threatening, abusive, offensive, violent or sexually inappropriate behaviour or any other similar conduct,
you should immediately report that person to the appropriate authorities and then to us by contacting our customer service team at email@example.com for Australia and firstname.lastname@example.org for New Zealand. Further information is available in our Complaint Handling Policy.
9.1 The use of the Services will result in charges to you for the price of the Services. DiDi (or its Affiliates) will receive and/or enable your payment of the applicable charges for Services through your use of the Services. Charges may include other applicable fees, tolls and/or surcharges such as a booking fee, confirmation fee, municipal tolls, airport surcharges or processing fees for split payments.
9.2 The driver will charge you, and you will be liable to pay, the fare for Transportation Services and delivery fee for Delivery Services provided to you for each booking request that is accepted by the driver (Service Fees).
9.3 The Service Fee for each trip will be the price quoted in the Rider App or calculated based on the applicable rates and charges made known to you in the Rider App at the time you make the booking request. The Service Fee may vary depending on various factors such as supply and demand, the distance or duration of the trip, if you alter the destination or request a driver to make a stop or other detour during the provision of Transportation Services, traffic conditions or if travel occurs on a tolled road. The Service Fee will also include any booking, service or administration fees payable.
9.4 After you have received the Services DiDi (or its Affiliates) will enable payment and you agree to pay the Service Fee in accordance with these Terms. You authorise the collection of such amounts by charging the credit/debit card or other eligible payment methods provided as part of your registration, either directly by us or indirectly via a third-party online payment processor.
9.5 You understand and agree that DiDi (or its Affiliates), on behalf of the driver who provides Services to you, reserves the right, in its sole discretion, to:
(a) obtain a pre-authorisation via your eligible payment method for the Service Fee or any part of it;
(b) charge and refund your eligible payment method a nominal amount, not to exceed five dollars ($5), to verify your payment method; and
(c) facilitate payment for the cost of replacement, repair or cleaning using your eligible payment method if:
(i) your driver suffers loss such as vehicle or property damage as a result of your breach of the Passenger Code of Conduct, the DiDi Delivery Rules or these Terms; or
(ii) another passenger suffers loss or property damage as a result of your breach of any of the Passenger Code of Conduct or these Terms.
9.6 We (or our Affiliates) act as the limited payment collection agent for drivers and except as provided under these Terms. Your payment for Services under these Terms is considered as payment made directly to the driver and you have no obligation or requirement to make any additional payment to a driver directly for Services.
9.7 DiDi (and its Affiliates) cannot control any fees that may be charged by your bank, credit/debit card company or payment method related to our collection of Service Fees and we disclaim all liability in this regard.
9.8 We will offer a refund in certain circumstances if we are required by law to offer you or provide you with a refund. In all other circumstances, refunds will be offered in our sole discretion.
9.9 If you fail to meet your payment obligations under these Terms, DiDi (or its Affiliates) may disclose such credit information and credit related personal information to credit reporting bodies as permitted under the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code in Australia, and the Privacy Act 2020 and the Credit Reporting Privacy Code 2020 (and any successor legislation) in New Zealand.
10.1 Subject to these Terms (particularly clause 10.10), the services provided by DiDi (or its Affiliates) are provided “as is” and “as available”. To the fullest extent permitted by applicable law, the Rider App and services provided by DiDi (or its Affiliates) are provided without warranty of any kind. We give no warranties as to the availability, performance, reliability or fitness for purpose of the Rider App at any time. Your access and use of the Rider App is at your own risk.
10.2 By using the Rider App you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other parties will be limited to a claim against those other parties who caused you harm. This includes any loss or damage to you, your property, or to anyone else that occurs in connection with your use of the Rider App and/or Services. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from DiDi (or its Affiliates) with respect to such actions or omissions.
10.3 You acknowledge and agree that, unless a driver is operating in New Zealand under DiDi’s TSL (in which case DiDi will be considered a Transport Service Operator for the purposes of the relevant legislation as set out in clause 2.2 above), DiDi (and its Affiliates) donot provide Services to Passengers. It is a technology-based company which operates technology applications and platforms, and provides the related support services, to enable independent providers of point-to-point transportation and delivery services to receive and fulfil requests for Services.
10.4 You acknowledge and agree that, by making a request for Services, you enter into an agreement for the provision of those services directly with the driver. Each request that you make gives effect to a separate agreement between you and the relevant driver. Unless otherwise agreed between you and a driver, the Standard Terms for Delivery Services available on our websiteat https://australia.didiglobal.com/legal/ and or the Rider App are incorporated into the agreement for Delivery Services between you and the driver. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from DiDi (or its Affiliates).
10.5 Subject to clause 10.10, we and our Affiliates have no responsibility for any personal or financial losses (direct or indirect), costs, claims, damages, expenses or liabilities of whatever nature and however arising from these Terms, the use of the Rider App and our services.
10.6 You acknowledge that we have the right, in our sole discretion, to suspend or terminate your use of the Rider App for breach of these Terms or for any reason that we consider appropriate.
10.7 DiDi (and its Affiliates) will not be liable for any incidental, special, exemplary, punitive, indirect or consequential loss or damage arising out of these Terms, your use of our services or in relation to any Service booked through the Rider App including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of data, loss of goodwill, personal injury or property damage even if we have been advised of the possibility of such loss.
10.8 DiDi (and its Affiliates) have no responsibility for any personal or financial losses (direct or indirect), costs, expenses or liabilities of whatever nature and however arising which result from the use of the Rider App, unless we are required to by law or such losses, costs, expenses or liabilities arise as a direct result of any wilful default, fraud, or dishonesty on our part.
10.9 Despite clause 10.7 and 10.10, subject to your rights at law, you indemnify and will keep indemnified DiDi and its Affiliates against all loss or damage suffered or incurred by you arising from or in connection with your use of the Rider App and/or our services or in relation to any Service you book through the Rider App.
10.10 Subject to clause 10.11, nothing in these Terms excludes or limits rights you have under the Australian Consumer Law and/or the New Zealand Consumer Guarantees Act 1993 and New Zealand Fair Trading Act 1986 (together the Consumer Legislation). If you are a consumer (as defined by the Consumer Legislation), certain goods and services provided to you under these Terms may come with certain consumer guarantees. If we fail to comply with those consumer guarantees, you may have rights against us which we are prohibited by law from excluding, restricting or modifying. Our liability for breach of any consumer guarantee applicable to our supply of goods or services, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:
(a) the supply of equivalent goods or services again; and
(b) the payment of the cost of acquiring equivalent goods or having the services supplied again.
10.11 The parties agree that if you are using the Rider App and Transportation Services or Delivery Services for business purposes, your rights are subject to these Terms and the New Zealand Consumer Guarantees Act 1993 does not apply.
10.12 Except for our obligations to pay any amount to you under these Terms, and to the extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with your use of the Rider App or in relation to the provision of Services to you will be limited to one thousand ($1,000) Australian dollars or New Zealand dollars (as applicable to the jurisdiction in which the Rider App is used or Services provided).
10.13 Without in any way limiting any other provision of these Terms, to the maximum extent permitted by applicable law, neither DiDi nor any of its Affiliates assume any liability or responsibility for any:
(a) personal injury (including death) or property damage, of any nature whatsoever, in connection with the performance of the Services or the access to or use of Rider App;
(b) errors, mistakes or inaccuracies of the Rider App;
(c) interruption or cessation of transmission to or from the Rider App;
(d) errors or omissions in any content or loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Rider App;
(e) bugs, viruses, trojan horses or the like that may be transmitted to or through the Rider App by any third party; or
(f) unauthorized access to or use of DiDi’s or any Affiliates or service providers’ secure servers and/or any and all personal information stored therein by any third party.
11. SYSTEM REQUIREMENTS
11.1 To use the Rider App you must have any relevant hardware and software, and an internet data connection with location services activated. We make no representation that the Rider App will operate on all mobile devices, uninterrupted or error-free.
11.2 You are responsible for making all arrangements necessary for you to have access to the Rider App, Services and our services. You are responsible for all activity that takes place on the Rider App in your name or through your internet connection.
11.3 You may at times be required to download updates to or new versions of the Rider App when these are made available to continue using the Rider App.
12. INTELLECTUAL PROPERTY
12.1 DiDi and its Affiliates own all intellectual property rights in the Rider App and all content distributed by it alone or together with its Affiliates or partners, including, without limitation, software provided and related products or services, and such intellectual property rights are protected by law. The absence of a statement of ownership in the Rider App and certain content does not constitute a failure of DiDi or any of its Affiliates or partners to be entitled to such intellectual property rights or assert any intellectual property rights, and you must respect the legitimate rights and interests of the rights holder and lawfully use the Rider App and such content in accordance with these Terms, all laws, regulations and rules, and the principles of good faith.
13. LINKS TO OTHER WEBSITES
13.1 The Rider App may contain links to websites or web addresses of third parties and third-party services. While DiDi takes appropriate care in publishing links to any third-party services, you must, at your own discretion, decide whether or not to access such links or accept such services. To the fullest extent permitted by applicable law, DiDi gives no undertakings or warranties with respect to the accuracy, completeness, adequacy and reliability of any information, data, opinions, pictures, statements or suggestions provided by such links. To the fullest extent permitted by applicable law, DiDi does not have control over or assume any liability for third-party websites, their content or their data use and retention policies or practices.
14.1 These Terms will commence on the date they are accepted by you (electronically or otherwise) and will continue until terminated by you or DiDi.
14.2 Subject to applicable law, we may terminate these Terms at any time, in our sole discretion, for any reason whatsoever, including but not limited to a breach of any of these Terms. Termination will be effective immediately, at which time you will be prohibited from using the Rider App.
14.3 You may terminate these Terms at any time by permanently deleting your user account and deleting the Rider App. If you terminate these Terms, you will not be able to use the Rider App or access Services.
14.5 Termination of these Terms for any cause shall not release a party from any liability which at the time of termination has already accrued to such party or which thereafter may accrue in respect of any act or omission prior to such termination.
15. FORCE MAJEURE
15.1 In the case of a force majeure event, where DiDi is the affected party it may temporarily suspend the performance of its obligations under these Terms until the effect of such force majeure event ceases and will bear no liability; provided, however, that it must use reasonable efforts to resolve such event. Force majeure means any unforeseeable or unavoidable (even if foreseeable) event beyond the control of the parties which prevents, affects or delays a party’s performance of all or part of its obligations under these Terms. Such events include but are not limited to those caused by acts of God, war, changes in policies, pandemics, epidemics, computer viruses, hacker attacks or suspension of services provided by telecommunication agencies.
16. GENERAL TERMS
16.1 You may not assign any agreement with us or these Terms without our prior written consent.
16.2 Supplemental terms may apply to certain Services. Such supplemental terms will be disclosed when Services to which they apply are offered. Supplemental terms are additional to these Terms.
16.3 We may give a notice under these Terms by posting a general notice on our website and/or the Rider App or by sending an email or text message to the email address or mobile phone number registered with your account.
16.4 If any term in these Terms is invalid or unenforceable they will be severed without affecting the enforceability of any other terms in any way.
16.5 Subject to these Terms, the failure or delay by a party to enforce any term of these Terms will not be deemed a waiver of such term.
16.6 These Terms shall be binding on and shall inure to the benefit of the successors and permitted assigns and personal representatives (as the case may be) of each of the parties.
16.7 Save for as set out, no remedy conferred by these Terms is intended to be exclusive of any other remedy that is otherwise available under any law.
16.8 These Terms are governed by the laws of New South Wales.
17. COMPLAINTS & DISPUTES
17.1 If you have any comments, feedback or a complaint regarding the Rider App, our services, the Services or a driver, please contact us by emailing our customer service team at email@example.com for Australia and firstname.lastname@example.org for New Zealand.
17.2 You understand and agree that any complaint or dispute in relation to a Service Fee and/or Fare must be filed within twenty-one (21) days of the transaction. You acknowledge and accept that any complaint or dispute filed outside this timeframe will not be considered by DiDi.
17.3 If you have a concern regarding these Terms please contact us and inform us of the basis of your concern. We will endeavour to resolve the dispute by negotiation with you. If we cannot settle the dispute then you agree that you will use your best endeavours to agree to an appropriate dispute resolution process with us. This does not limit our rights under these Terms, including to limit, suspend, deactivate or cancel your use of the Rider App. We reserve the right to seek injunctive or other equitable relief.
Last update: February 2021