The application under the name “UbiCar” and its related services, products, websites, tools and applications (“App”) is owned and operated by Ubi Group Pty Ltd ACN 616 438 503 ("UbiGroup").
1. DEFINITIONS & INTERPRETATION
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) "Account" means a User's account to use our Services;
(b) "Applicable Laws" means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located including but not limited to road rules and traffic rules;
(c) "Content" includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
(d) "Data" means the data recorded in the App and includes collected data such as vehicle location (GPS), accelerometer data (accelerations), gyroscope data (rotational movements), phone sensors, phone state, time, application power, and any other data that is derived from collected data;
(e) "Intellectual Property" means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the App and any other platform developed by UbiGroup and the source code for those systems and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
(f) "Loss" means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence);
(g) "our", "us" and "we" means UbiGroup;
(h) "Services" means any services we provide to you, including the App;
(i) “UbiCar Rewards Program” means the rewards program as detailed in clause 6;
(j) “UbiCoins” means the coins earned in the UbiCar Rewards Program;
(k) “UbiStore” means the store accessible on the App for the redemption of UbiCoins;
(l) "User" means any person who uses the App;
(m) "you" and "your" means a User.
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(d) headings are for reference purposes only;
(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
(g) an obligation of two or more parties binds them jointly and each of them severally.
2. YOUR ACCOUNT
2.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts in Australia.
2.2 To access and use the App, you may need to register with us and set up an Account with your email address and a registration token, password or similar. You are solely responsible for maintaining the confidentiality of your login information and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
3. USING UBICAR
3.1 The App collects Data on your driving behaviour for each trip and uses that Data to calculate a driving score and provide feedback on your driving which will displayed in your Account. The App aims to provide you with feedback of your driving and may provide rewards and benefits to safe drivers.
3.2 The App will only collect Data for each trip where the App is open before you begin a trip.
3.3 The App will automatically identify your driving as either a driving trip or a non-driving trip and record it to your Account. In the event that you wish to change a driving trip to a non-driving trip, you can only do this within 30 days of the date of your trip.
3.4 You may have the choice managed from within the App to send the Data through Wi-Fi networks or through cellular networks.
3.5 Your Account will provide you with driving scores and feedback on trips calculated through the Data recorded within the App. Your driving scores and feedback are based on driving behaviours, speed, distance travelled and phone motion while driving.
3.6 As a condition of your use of this App, you warrant that you will not use this App for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms and Conditions.
3.7 You may not use this App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of this App.
3.8 Your use of the App and our Services, and your information, must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party's rights or violate any Applicable Laws;
(d) contain any viruses or similar which could affect the integrity, operation or security of this App;
(e) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
(f) damage the credibility or integrity of the App or UbiGroup, or dilute, tarnish, or otherwise harm our brand in any way;
(g) breach or violate any of our policies;
(h) link directly or indirectly to or include anything that:
(i) you do not have a right to link to or include, or
(ii) could cause us to violate any Applicable Laws;
(i) copy, store or otherwise access or use any information contained on the App for purposes not expressly permitted by these Terms and Conditions;
(j) use the App for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the App, or in a manner that falsely implies UbiGroup endorsement, partnership or otherwise misleads others as to your affiliation with UbiGroup;
(k) use our App in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
4. DATA COLLECTION
4.1 In connection with the provision of Services, we will, subject to compliance with Applicable Laws, collect, consolidate and analyse the Data collected on trips.
4.2 In using the App you acknowledge and agree that you:
(a) give consent to the recording of Data, including but not limited to how and where you are driving, the date, time, latitude, longitude, altitude, speed, traffic conditions, and mobile phone status for the purposes described in these Terms and Conditions; and
(b) are aware that it is possible for us to track your location, the speed at which you are travelling, how your phone is being used and voluntarily consent to this.
4.3 By using the App, you grant us a non-exclusive, perpetual license to use your non-personally identifiable Data in aggregated and blinded formats that do not identify, reference or imply an association with you, only for the purposes of display on your Account, improving our Services, research and marketing analysis, surveys, reports and studies.
5. USER OBLIGATIONS
5.1 In using the App you acknowledge and agree that:
(a) you have a compatible smartphone as listed from time to time in the App;
(b) you have and will maintain a network data plan at all times;
(c) you are solely responsible to ensure that the App is updated and running before and during each trip;
(d) you are solely responsible to ensure that the App it is able to connect to the servers;
(e) you must have location services (GPS) on at all times;
(f) any feedback or information given by us in your Account for your trips are not to be relied on for any reason whatsoever; and
(g) you are solely responsible for any data charges and expenses associated with the use of the App.
5.2 By using the App, you warrant that you have complied with any Applicable Laws.
5.3 In the event that you wish to transfer your Account to another smartphone you must follow the procedure on the App.
6. UBICAR REWARDS PROGRAM
6.1 The UbiCar Rewards Program is a rewards-based platform where you are able to accrue UbiCoins in connection with the App and redeem your UbiCoins for various rewards in the UbiStore.
6.2 Earning UbiCoins
(a) You will earn UbiCoins through events, actions or driving score(s) in the App including but not limited to:
(i) Individual Trip Overall Score;
(ii) Individual Badges Earned;
(iii) Completing Registration;
(iv) Adding an Avatar to their Profile;
(v) Adding an Address, Mobile Number or similar profile information;
(vi) Rolling two week Overall Score;
(vii) Rolling two week Phone Distraction Score;
(viii) Rolling two week Speeding Score;
(ix) Rolling two week Acceleration Score;
(x) Rolling two week Braking Score;
(xi) Rolling two week Cornering Score.
(b) The UbiCoins amount earned for each event, action or driving score will be as specified in the App or as otherwise made known by UbiGroup.
(c) From time to time we may run additional promotions allowing you to earn UbiCoins.
(d) UbiGroup may at any time change, add to or make deletions from how you earn UbiCoins at its sole discretion.
6.3 Redeeming Reward Benefits
(a) You may only redeem UbiCoins for rewards in the UbiStore if you have a current Account in the App and your ability to participate in the UbiCar Rewards Program has not been terminated. If your Account or your ability to participate in the UbiCar Rewards Program is terminated, you will not be able to redeem UbiCoins for rewards in the UbiStore and acknowledge and agree that you forfeit all accumulated UbiCoins.
(b) From time to time we may run competitions that may require an UbiCoins entry fee.
(c) Your entitlement to claim rewards is based on the available balance of UbiCoins in your Account and not your current balance. Rewards cannot be taken by pooling of UbiCoins with different persons.
(d) The UbiCoins amount needed for each reward will be the amount as specified in the App at the time of redemption.
(e) Unless we advise in writing otherwise, rewards will not be delivered outside of Australia.
(a) UbiCoins are not redeemable for cash in any currencies, including cryptocurrencies. Rewards cannot be replaced if lost, stolen or otherwise destroyed.
(b) UbiCoins may not be transferred or sold. UbiCoins are not property, have no monetary value and can only be used to claim rewards in the UbiStore. There will be no refunds for UbiCoins that are not used to claim a reward.
(c) We may:
(i) reverse or cause to be reversed any UbiCoins which have been allocated to you; or
(ii) cancel any rewards redeemed or to be redeemed by you; or
(iii) terminate your participation in the UbiCar Rewards Program,
(i) there are grounds which we consider reasonably justify a reversal, cancellation or termination in UbiGroup’s sole discretion, including without limitation, UbiCoins created erroneously or fraudulently earned through fraudulent means or manipulation of the UbiCar Rewards Program in anyway, or incorrect listings of rewards in the UbiStore; or
(ii) your access to the App is terminated or your Account is terminated, or you breach these Terms and Conditions.
(d) UbiGroup reserves the right, and you consent to UbiGroup monitoring your activity in the App to ensure that any UbiCoins are accumulated legitimately and rewards redeemed legitimately.
(e) You may have UbiCoins subtracted from your balance for any negative driving behaviours, individual trips and overall measurement scores on a rolling two week period. Your UbiCoins balance cannot go below zero.
(f) UbiCoins must be redeemed within 12 months of the date at which they are earned by you. Any unused UbiCoins that remain after this date will expire.
(g) All your UbiCoins will expire if no scored trips are recorded in the App by you, where the trip is tagged as “Driver”, for a continuous period of 90 days.
(h) To track your UbiCoins balance and view your UbiCoins earnings and redemption transaction you can check your Account on the App. Please note your Account will show both a current balance and available balance.
(i) UbiGroup reserves the right, in its sole discretion to modify or terminate the UbiCar Rewards Program and your ability to participate in the UbiCar Rewards Program at any time, for any reason at its sole discretion and without prior notice. In the event this occurs, you will not be able to redeem UbiCoins for rewards in the UbiStore and acknowledge and agree that you forfeit all your UbiCoins.
7. ACCESS AND TERMINATION
7.1 You may terminate access to the App at any time by uninstalling the App.
7.2 We reserve the right, in our sole discretion, to terminate your access to this App or any part of it at any time, without notice.
7.3 We reserve the right to withdraw, or amend, update or change the functionality or content of the App at any time, without notice. We will not be liable if for any reason the App is unavailable at any time or for any period of time or if ay any time any functionality of the App is restricted.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Our Intellectual Property is protected by copyright and other proprietary rights and remains the property of UbiGroup at all times.
8.2 Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the App on each mobile device or computer that you own or control and run such copy of the App solely for your own personal use and as permitted by these Terms and Conditions and usage rules as set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.
8.3 You agree that:
(a) you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works or otherwise attempt to derive the source code of the App, publicly display (other than on the App) any UbiGroup Intellectual Property except with the prior written permission of UbiGroup or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our App;
(b) UbiGroup owns all Intellectual Property of the App and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(c) UbiGroup is not liable or responsible for any Loss that you may experience in submitting information to UbiGroup or for UbiGroup's use of your information in accordance with the licence granted.
10.1 You acknowledge and agree that your use of this App is at your own risk.
We provide our Services on an "as-is" basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this App for any purpose, to the maximum extent permitted by applicable law, anything contained in this App is without warranty of any kind.
Whilst we use our best endeavours to ensure any information we provide to you is correct, we do not warrant that any information shown in your account, such as your driving score, is in fact correct. We do not warrant that the functionality or operation of the App will be uninterrupted or free from error, that any defects in the App will be corrected, or that the App or the servers that make it available are free of viruses or other harmful conditions or components.
10.2 UbiGroup reserves the right, in its sole discretion to modify or terminate the App at any time, without notice.
10.3 UbiGroup does not take any steps to confirm the accuracy of Data.
10.4 This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of this App.
11. LIMITATION OF LIABILITY
11.1 We disclaim liability to you or any other person or entity for any Loss howsoever arising as a result of your use of this App in any way, subject to the requirements of any Applicable Laws. We will not be liable to you or any other person or entity for any Loss whatsoever arising as a result of your use of our Services.
11.2 You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.
11.3 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
11.4 This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of our Services.
12.1 You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.
13.1 We take all reasonable steps, however we do not guarantee the security of the App, our records, or your information. We disclaim all liability for any computer virus or technological problems that are beyond our control.
13.2 Continuous accessibility to the App is dependent upon third party services and as a result, the App may be inaccessible from time to time.
14.1 If you are in the business of providing similar Services then you are a competitor of UbiGroup. Competitors are not permitted to use or access the App. If you breach this provision, we will hold you fully responsible for any Loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
15.1 Accessing information from the App is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
15.2 These Terms and Conditions are governed by the laws of New South Wales, and the parties submit to the jurisdiction of the Courts of New South Wales and relevant federal/Commonwealth courts competent to hear appears from them.
15.3 These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
15.4 If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable shall be unaffected by the severance.
15.5 You agree that these Terms and Conditions and all incorporated agreements may be assigned by UbiGroup in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining UbiGroup's prior written consent.
15.6 Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorized representative of UbiGroup.
15.7 You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
15.8 These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
15.9 Nothing in these Terms and Conditions or your use of the App establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between UbiGroup and Users.