Terms and Conditions

Last updated: [Insert date]
Platform operator: [Insert legal entity or owner's full legal name]
ABN: [Insert ABN, if applicable]
Contact: [Insert support email]
Website: [Insert website URL]

IMPORTANT: These Terms and Conditions are a draft and have not yet been reviewed by an Australian lawyer. They must be reviewed before TripMate accepts live bookings or payments.

1. About TripMate

TripMate is an online marketplace designed to connect people who are already planning to travel by car with passengers travelling in the same direction.

Our aim is to help people share journeys and contribute towards travel costs.

TripMate provides a platform through which users can create profiles, post trips, search for available seats, request bookings, communicate with other users and, where enabled, process payments.

Unless expressly stated otherwise, TripMate does not itself provide passenger transport, operate vehicles or employ drivers to carry passengers. Drivers and passengers arrange and undertake journeys themselves.

TripMate's role is to facilitate connections and bookings between users. This description does not exclude any legal duties or responsibilities that TripMate may have under applicable law.

2. Acceptance of these Terms

By creating an account, accessing or using TripMate, you agree to these Terms and Conditions and our Privacy Policy.

If you do not agree, you must not use the platform.

You must provide accurate and up-to-date information and keep your account details secure. You must not impersonate another person, create a misleading profile or use another person's account without permission.

You must be at least 18 years old to create an account, post a trip or book a seat, unless TripMate expressly introduces a different arrangement permitted by law.

We may update these terms from time to time. Where a change materially affects users' rights or obligations, we will provide notice and obtain renewed acceptance where required.

3. TripMate's role as a marketplace

TripMate is a platform for connecting independent drivers and passengers.

Unless otherwise expressly stated:

• Drivers are responsible for the vehicles they use, their driving and the journeys they undertake.
• Passengers are responsible for their own conduct and for deciding whether to travel with a particular driver.
• Drivers and passengers are responsible for communicating accurately, arriving at agreed locations and complying with applicable laws.

TripMate does not guarantee that a suitable trip will be available, that a user will attend a journey or that every journey will proceed as planned.

TripMate may provide account verification, ratings, reviews, messaging, payment processing and reporting tools. These features are intended to support trust and accountability, but they do not guarantee a user's identity, character, driving ability or safety.

TripMate does not guarantee that all information provided by users is accurate or that every driver, passenger or vehicle will be suitable for a particular journey.

Nothing in these terms removes any responsibility TripMate has under applicable Australian law.

4. Driver requirements and responsibilities

To post trips on TripMate, you must be approved as a driver by TripMate.

Drivers agree that they will:

• Hold a current and valid driver's licence appropriate for the vehicle and journey.
• Be legally authorised to use the vehicle and have permission from its owner where necessary.
• Ensure the vehicle is registered, roadworthy, appropriately maintained and fitted with functioning seatbelts for all occupants.
• Maintain insurance required by law and check that their insurance permits the intended use of the vehicle and passenger arrangements.
• Comply with road rules, speed limits, seatbelt requirements and all other applicable laws.
• Never drive while impaired by alcohol, drugs, fatigue, illness or anything else that makes driving unsafe.
• Post genuine trips they intend to undertake and accurately describe departure times, pickup and drop-off locations, available seats and other material details.
• Never offer more seats than are legally or physically available.
• Treat passengers respectfully and not engage in harassment, discrimination, intimidation, violence or other unlawful conduct.
• Notify affected passengers promptly if a trip is changed or cancelled.
• Use TripMate honestly and not engage in fraud, misleading pricing, unauthorised payment collection or other prohibited conduct.

Drivers must set their own base fare per seat and are responsible for ensuring their pricing and transport arrangements comply with applicable laws. TripMate may introduce reasonable pricing rules or restrictions if needed for legal compliance or platform safety.

Driver approval is not a guarantee of future conduct, driving ability, vehicle condition or insurance coverage. Drivers remain responsible for maintaining their eligibility after approval.

TripMate may request further information or suspend a driver's access if there is a reasonable safety, compliance or authenticity concern.

5. Passenger responsibilities

Passengers agree that they will:

• Provide accurate booking information and request only the number of seats they need.
• Attend the agreed pickup location on time and notify the driver promptly if delayed or unable to attend.
• Treat drivers and other passengers respectfully.
• Follow reasonable safety instructions and wear a seatbelt throughout the journey.
• Not engage in threatening, abusive, discriminatory, harassing, violent, illegal or otherwise unsafe behaviour.
• Not bring prohibited or dangerous items into a vehicle.
• Pay the displayed booking total when payment is due under these terms.
• Not misuse TripMate's messaging, booking or reporting systems.
• Report serious safety concerns to TripMate and contact emergency services where necessary.

Drivers may refuse to commence or continue a journey where there is a genuine safety concern or where doing so is required by law. Any resulting cancellation, payment or refund will be handled under the applicable cancellation and refund policy and legal requirements.

6. Driver verification and identity documents

TripMate may require prospective drivers to submit a driver's licence image and a selfie for manual identity review before being approved.

You consent to the collection and use of this information for the stated verification purpose when you submit it, subject to the Privacy Policy and applicable law.

Identity documents will be stored in restricted-access storage and must not be publicly displayed. Access will be limited to authorised personnel who need the information for verification or related legitimate purposes.

TripMate may approve, decline, suspend or revoke driver approval based on verification results, suspected fraud, safety concerns or non-compliance with these terms.

Verification does not constitute a criminal background check, comprehensive identity guarantee, assessment of driving skill or guarantee of personal safety.

TripMate will handle identity information according to its Privacy Policy, including applicable retention and deletion practices.

7. Posting trips, bookings and payment

7.1 Posting a trip

Drivers may publish a trip by providing the required journey information, including pickup location, destination, departure date and time, available seats and base price per seat.

TripMate may remove or amend access to a trip listing where it is inaccurate, unlawful, misleading, unsafe or inconsistent with these terms.

7.2 Requesting a booking

A passenger may request one or more available seats on a published trip.

Submitting a request does not mean the booking has been accepted. The driver must accept the request before the passenger is charged.

When requesting a booking, the passenger must save a payment card. The card is not charged and no amount is held or authorised at the time of the request.

Before submitting a request, the passenger will be shown the total price per seat, the number of seats, the total payable, and the cancellation and refund policy.

If the driver declines the request, or the request is cancelled or lapses before the driver accepts, the saved card is not charged.

7.3 Driver acceptance and payment

When a driver accepts a booking, the seats are reserved and the passenger's saved card is charged automatically for the booking total recorded at the time of the request.

If the card is declined or the charge otherwise fails, the passenger will be notified and has 2 hours (or until the scheduled departure time, if sooner) to update their card or approve the payment.

If payment is not completed within that 2-hour period, the booking will expire, the reserved seats will be released and the passenger will not be charged.

If a payment is received after a booking has expired, the booking will not be reinstated automatically and the payment will be refunded in full.

A booking is treated as paid only after TripMate receives and verifies the relevant payment confirmation.

7.4 Pricing and platform fee

Drivers choose their own base fare per seat, subject to applicable laws and TripMate's published rules.

TripMate adds a platform fee of 20% of the driver's base fare. The passenger's total is the driver's fare plus the platform fee, as displayed before the booking request is submitted.

For example, if a driver sets a base fare of $20 per seat, the platform fee is $4 and the passenger's total is $24 per seat.

This is an example only, not a fixed or recommended fare.

The booking's fare, platform fee and passenger total will be recorded when the request is made. Later changes to TripMate's fee will not automatically alter an existing booking.

Any other applicable charges must be clearly disclosed before the passenger commits to the booking.

7.5 Payments and refunds

Where online payments are enabled, payments will be processed through the payment provider identified by TripMate.

Refunds will be handled according to the applicable cancellation policy, the payment provider's processes and applicable law. A refund is not considered completed merely because it has been requested; processing and confirmation may take time.

TripMate will not represent a payment as successful without verified payment confirmation.

TripMate may temporarily disable payments for maintenance, compliance, safety or technical reasons.

8. Cancellations and changes

Drivers and passengers should cancel or update bookings through TripMate wherever possible so that the booking record remains accurate.

If a driver cancels a trip or cannot provide the agreed journey, affected passengers will be notified and any refund due will be processed in accordance with the applicable refund policy and law.

If a passenger cancels, any refund will depend on the cancellation policy displayed for the booking and applicable legal requirements.

If a booking expires because payment was not completed within the payment window after a failed charge, the booking may be cancelled and its seats released.

TripMate may cancel or suspend bookings where necessary for safety, fraud prevention, legal compliance, technical errors or other legitimate reasons.

TripMate will not use a cancellation policy to exclude rights that cannot legally be excluded.

8.1 Cancellation and refund policy (draft)

• Passenger cancels more than 48 hours before departure: full refund of the amount paid, including the TripMate platform fee.
• Passenger cancels 48 hours or less before departure (including exactly 48 hours): no ordinary refund. The driver keeps their fare and TripMate keeps its platform fee, subject to applicable law and rights that cannot be excluded.
• Driver cancels the trip or a confirmed booking: full refund to the passenger, including the TripMate platform fee.
• Request declined, or cancelled before acceptance: the saved card is never charged, so no refund is needed.
• Booking expires after a failed charge: no charge is taken; any payment received late is refunded in full.
• Significant trip changes by the driver (for example a materially different date, time or route) are handled in accordance with this policy and applicable law.

The 48-hour deadline is calculated against the scheduled departure date and time, not the time the booking was made.

For example, for a $24 booking (a $20 driver fare and a $4 TripMate fee) cancelled by the passenger within 48 hours of departure, the driver receives their $20 fare, TripMate retains its $4 fee and the passenger receives no ordinary refund, subject to applicable legal rights.

Refunds and driver payouts are recorded once per booking and are not processed automatically. They are completed only after confirmation from the payment provider. Nothing in this policy excludes, restricts or modifies any right or remedy under the Australian Consumer Law.

9. Reviews, ratings and reports

After a trip is completed, eligible drivers and passengers may review one another through TripMate.

Reviews must be honest, relevant to the actual experience and not misleading, threatening, discriminatory, defamatory or otherwise unlawful.

Users must not submit fake reviews, review themselves through another account, offer incentives for dishonest reviews or attempt to manipulate ratings.

TripMate may investigate reports and remove or restrict access to reviews that breach these terms or the published review policy. TripMate may also restrict accounts involved in review manipulation or abusive behaviour.

Users may report inappropriate behaviour, suspected fraud, unsafe driving, harassment or other concerns through the platform.

TripMate may investigate reports, request further information, warn users, suspend accounts or permanently remove users where reasonably appropriate. Serious or urgent incidents should also be reported to the relevant authorities.

Ratings and reviews reflect individual user experiences and are not guarantees of safety, character or future conduct.

10. Prohibited conduct and account suspension

You must not use TripMate to:

• Commit fraud or other unlawful acts.
• Harass, threaten, discriminate against, exploit or harm another person.
• Publish false or misleading trip information.
• Circumvent platform payment arrangements or manipulate bookings.
• Collect or misuse another user's personal information.
• Upload malicious content or interfere with the platform's security.
• Create fake accounts or manipulate reviews.
• Use TripMate in a manner that creates an unreasonable safety risk.

TripMate may investigate suspected breaches and take proportionate action, including removing content, cancelling bookings, restricting features, suspending accounts or terminating access.

In-app messaging only. All communication between users, before and after a booking, must take place through TripMate's in-app messaging. Users must not share, or attempt to share, personal contact information within the app, including email addresses, phone numbers, home or street addresses, social media handles or links to outside messaging services. Messages that appear to contain such information are automatically blocked and reported to TripMate for review. Attempts to share personal information may result in a warning, suspension or termination of the user's account. Pick-up and drop-off points should be agreed as public places or landmarks along the route.

Where reasonably practicable, TripMate will communicate the reason for significant account action and provide an opportunity to respond, except where immediate action is necessary to address a safety, security, fraud or legal concern.

Nothing in this section prevents users from exercising their legal rights.

11. Safety and responsibility

Users participate in trips at their own discretion and should make sensible decisions about their personal safety.

Drivers are responsible for safe driving, their vehicles and their conduct. Passengers are responsible for their own conduct and for deciding whether to enter or remain in a vehicle.

TripMate's verification, ratings and reporting features are intended to assist users but cannot eliminate all risks associated with travelling with other people.

If you believe you are in immediate danger, contact emergency services on 000 in Australia.

Liability

To the extent permitted by law, TripMate is not responsible for the independent conduct of drivers or passengers, the condition or operation of a vehicle, or the actual performance of a journey by a user.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, statutory right, duty or liability that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, TripMate excludes liability for indirect or consequential loss arising from use of the platform. This provision does not apply where such exclusion is prohibited by law.

TripMate does not guarantee uninterrupted access to the platform or that all information, listings or user-provided content will be error-free.

Nothing in these terms prevents a user from pursuing a claim or remedy available under applicable law.

12. Privacy and personal information

TripMate collects and uses personal information to operate accounts, facilitate bookings, verify drivers, process payments, manage safety reports and provide support.

Personal information may include contact details, profile information, booking history, messages, reviews and driver verification documents.

TripMate will explain its collection, use, disclosure, storage, security and retention practices in its Privacy Policy.

Users must not disclose or misuse another person's personal information obtained through TripMate.

Please read the Privacy Policy before using the platform, particularly before submitting identity documents.

13. Intellectual property and platform content

TripMate and its branding, design, software and original content are owned by or licensed to the platform operator, subject to applicable rights.

Users retain responsibility for the content they submit and mu…

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