Ride Advantage AU – Terms & Conditions

Effective Date: 1 March 2021

Ola owns and operates the Ola App (Ola App). The Ola App provides an online booking platform facilitating the provision of rides by drivers (and associated payment collection) to customers (Technology Services) subject to Ola’s User Terms and Conditions (User Terms and Conditions).

Ride Advantage is a new product launched by Ola that offers you added protection for specific incidents resulting from an issue or a matter which may have occurred during a booking or during your Ola ride (Ola Ride) which affect the quality of your experience in some way. The types of incidents covered by Ride Advantage consist of the following:

• delays in pickup due to driver cancellations or issues relating to the Ola App;
• loss to personal electronics or belongings if you leave something behind after your ride which you were not able to recover from our Lost & Found management system;
• inconvenience incurred in recovering lost items from our Lost & Found management system;
• missed flights caused by delays despite having scheduled to arrive at the airport within your airline’s recommended check-in time;
• such other benefits as Ola may from time to time add.

Under Ride Advantage, you will either be reimbursed a fee or will receive a credit voucher as compensation for the inconvenience or your loss. The purpose of Ride Advantage is to offer you peace of mind and the certainty that you have a remedy in case something goes wrong.

Ola has partnered with Cover Genius Singapore Private Limited (201724322C) to manage and administer the end to end process of claims made under the Ride Advantage program through its claims management portal, XCover.com (Claims Management Vendor).

Key benefits

When you purchase Ride Advantage, you will be covered for the following:

Terms and Conditions

1. 1. These terms and conditions (Terms) are made between Ola Australia Pty Ltd (ABN 21 623 472 202) (Ola) and a customer of Ola who is a subscriber of the Ride Advantage service (you, your).
2. 2. Ola agrees to pay the benefits listed in the table under the section “Key Benefits” above (Benefits) subject to and on the terms and conditions below.

Eligibility

3. 3. You are eligible to lodge a claim for the Benefits (Claim) if:

1.   a. you are a registered Ola customer;
2.   b. you are subscribed to Ride Advantage;
3.   c. you booked the Ola Ride to which the Claim relates through the Ola App and not through any other platforms including any current or existing third party vendor platforms;
4.   d. you are claiming a Benefit in relation to an Ola Ride completed while in your presence for the entire duration of the Ola Ride and while the Ride Advantage subscription is active;
5.   e. you have paid for all fees and charges relating to the Ola Ride and the Ride Advantage fee and for the avoidance of doubt, any non-payments of the Ola Ride and/or Ride Advantage fee will render your Claim null and void;
6.   f. you are claiming a Benefit in relation to a loss or expense incurred by you and not any other persons including any co-passengers in the Ola Ride;
7.   g. the loss or expense incurred by you relate to the Benefits covered by Ride Advantage under the Inclusions or Conditions column (Inclusions) of the ‘Key Benefits’ table above and does not fall within the exclusions set out in the Exclusions column (Exclusions);
8.   h. you submit a report of the Claim within 7 days of the date of the Ola Ride to which the Claim relates to via the Ola App in accordance with clause 6 (Claim Report);
9.   i. you have provided all relevant documentation or evidence to support your Claim as requested by Ola (Documentation); and
10.   j. you have not breached any other terms and conditions here or committed any acts or made any omissions under the User Terms and Conditions or under these Terms which would render your Claim null and void.

4. 4. You are not eligible to lodge a Claim if:

1.   a. the number of passengers (including the driver) in the Ola Ride to which the Claim relates is more than the permitted seating capacity of the vehicle or if you or the passengers have not complied with any applicable road or commercial transport policies, rules and regulations as may be required by any regulatory authority during the Ola Ride;
2.   b. the loss or expense incurred by you was caused by any wilful act or omission including those under the influence of any substance, intoxicant, drug, alcohol or hallucinogen, self-inflicted injury, mental illness, drug or alcohol abuse;
3.   c. Ola, or persons acting on behalf of Ola, reasonably believes that subclause 4(a) or 4(b) applies to render your Claim null and void.

Claim Process

5. 5. To lodge a Claim:

1.   a. go to the Ride History section (‘Your Rides’) section of your Ola app;
2.   b. select the relevant Ola Ride;
3.   c. click on the ‘Support’ section at the bottom of the page;
4.   d. then click ‘Ride Advantage’ tile and thereafter ‘I want to make a claim’;
5.   e. then click on the ‘Claim Benefit’ link where you will be redirected to a portal for registering and submitting the Claim Report in respect of the Claim (Claims Portal).

6. 6. The Claim Report must contain the details and documentation required by Ola as may be described in the Claims Portal and updated from time to time including but not limited to details of your loss or expense and required Documentation.  
7. 7. If you are eligible to submit a Claim, conditions of payout of Claim are as follows (Payout Conditions):

1.   a. Ola, or persons engaged on behalf of Ola to manage such Claims, the Claims Management Vendor, will review and approve or reject your depending on whether all of the criteria set out in clause 3 are met or otherwise;
2.   b. Ola or the Claims Management Vendor will send you a Claim approval or rejection notification to the email address which you have registered with Ola within 7 days of lodgment of your Claim Report;
3.   c. If approved, Ola or the Claims Management Vendor will make a direct payment to your bank account within 14 days of lodgment of the approval notification.

Non-Excluded Guarantees

8. 8. Ola’s Technology Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Technology Services:

1.   a. you are entitled to cancel your service contract with Ola and to a refund for the unused portion or to compensation for its reduced value;
2.   b. you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

9. 9. The Benefits provided to you by Ride Advantage are in addition to other rights and remedies available to you under the law. If you experience any issues during a booking or during your Ola Ride such that Ola’s service is defective in some way, Ola will refund or replace such ride without any cost to you as part of your rights under the Australian Consumer Law statutory guarantees. Notwithstanding the aforesaid, the statutory guarantees are limited and do not include, for example, losses resulting from driver issues, technical app issues or traffic delays. Ride Advantage is an extension of your statutory rights which covers you for losses which are not ordinarily covered by any such statutory guarantee.

Privacy and Confidentiality

10. 10. All personal information collected, stored, processed and transferred (including sensitive financial information) are made in compliance with Ola’s Privacy Policy and Privacy Collection Statement referenced in the User Terms and Conditions.
11. 11. Without limiting the generality of clause 10, you expressly consent to Ola’s handling (including collection, use, storage and disclosure) of your personal information in accordance with the Privacy Policy and Privacy Collection Statement and to the handling of your personal information by any Claims Management Vendors appointed by Ola for managing Claims under these Terms which may be located within or outside of Australia.

Intellectual Property Rights

12. 12. All intellectual property rights of Ola and all obligations imposed on you relating to such rights are governed by the User Terms and Conditions.
13. 13. Without limiting the generality of clause 12, the Ola App, the Claims portal and all associated intellectual property rights (Ola IP) remain the property of Ola or Ola’s third party licensors. Except as expressly stated, nothing in these Terms grants you any rights in or related to the Ola IP, and all rights not expressly granted to you are reserved by Ola.
14. 14. You must not:

1.   a. copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any Ola IP;
2.   b. breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Ola App;
3.   c. use any Ola IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
4.   d. distribute, disclose or allow use of any Ola IP by any third party in any format, through any timesharing service, service bureau, network or by any other means;
5.   e. merge or combine any Ola IP with any other technology not provided by Ola; or
6.   f. remove any proprietary notice language on any copies of any Ola IP.

15. 15. Subject to your compliance with these Terms, Ola grants you a limited, non-exclusive, personal, non-transferable licence during the term of these Terms to use and access the Ola App and Ride Advantage services on any device that you own or control and to run the Ola App solely for your own personal use (including for the processing of payments).

Indemnities and Liability

16. 16. To the maximum extent permitted by law, you will indemnify and hold harmless Ola and Ola’s related bodies corporate (and their respective directors, officers, employees, agents and representatives) (Those Indemnified) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Those Indemnified arising out of or in connection with any:

1.   a. breach by you of any applicable law;
2.   b. misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of you;
3.   c. personal injury (including sickness and death) or property damage caused or contributed to by you in connection with any Ola Ride (including in connection with any motor vehicle accident involving the vehicle); or
4.   d. claim by a driver or any other third party caused by any of your acts or omissions.

17. 17. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
18. 18. Without limiting clause 16 and the User Terms and Conditions, to the maximum extent permitted by applicable law and subject to your eligibility to make a Claim under these Terms:

1.   a. the Ola App, the Technology Services and Ride Advantage services (Services) are provided on an "as is" and "as available" basis and Ola makes no representation, warranty, or guarantee regarding:

1.    i. the condition, performance, accuracy, completeness, merchantability, reliability, timeliness, quality, suitability, availability or fitness for a particular purpose of the Services or the Ola App;
2.    ii. that the Services or the Ola App will be uninterrupted or error-free;
3.    iii. the compatibility of the Ola App with any other technology; or
4.    iv. the quality, suitability, safety or ability of the drivers;

2.   b. the information, recommendations and Services provided to you (whether on or through the Ola App or via Ola’s customer support centre or that managed by Claims Management Vendor are for general information purposes only and do not constitute advice;
3.   c. Ola does not endorse, advise or recommend any of the drivers, nor does Ola guarantee or provide any assurance in respect of the behaviour, actions or data of the drivers (or other users) posted on the Ola App; and
4.   d. you agree that the entire risk arising out of any Ola Ride remains solely with you to the maximum extent permitted under applicable law.

19. 19. In accordance with clause 9, nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
20. 20. Without limiting the generality of the User Terms and Conditions and subject to the other provisions of these Terms, to the maximum extent permitted by Applicable Law:

1.   a. Ola is not liable for (and no measure of damages will, under any circumstances, include) any indirect, special, incidental, exemplary, punitive, or consequential loss or damages of any kind whatsoever, or damages for loss of profits, revenue, goodwill, anticipated savings, business or opportunity, or loss or corruption of data, even if advised of the possibility of such damages; and
2.   b. Ola’s maximum total aggregate liability arising out of or in connection with these Terms or their subject matter is limited to the Payout amounts described in the table set out in the ‘Key Benefits’ section of these Terms.

21. 21. The limitations and exclusions of liability in this clause apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, or on any other basis.

Force Majeure

22. 22. Any delay in or failure to perform any obligations by either party under these Terms will not constitute a breach of these Terms to the extent caused by acts of any government authorities, acts of God, pandemics, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that party (Force Majeure).
23. 23. A party affected by a Force Majeure must:

1.   a. notify the other party within 7 days after it becomes aware of the Force Majeure; and
2.   b. use all reasonable efforts to avoid or minimise the effects of such Force Majeure and commence performance of its obligations as soon as such Force Majeure ceases.

24. 24. If a Force Majeure continues for a continuous period of more than 7 seven days, either Party may terminate these Terms by notifying the other Party.

Termination

25. 25. These Terms continue until such time as they are terminated in accordance with these Terms.
26. 26. You may terminate these Terms at any time by unsubscribing from Ride Advantage in your Ola App.
27. 27. Ola may terminate these Terms with immediate effect without notice to you if:

1.   a. necessary to comply with any applicable law;
2.   b. you commit a breach (other than a trivial or inconsequential breach) of these Terms or the User Terms and Conditions that is not capable of remedy or (if capable of remedy) is not remedied within 4 days after Ola notifies you of the breach.

28. 28. Upon termination of these Terms for any reason:

1.   a. your rights to use the Ola App or subscribe to Ride Advantage will cease immediately, your registration with Ola and your account will cease to apply, and your Ola App may be blocked to the Ola App;
2.   b. you will be charged all amounts due and owing to Ola at the date of termination;
3.   c. each party will promptly return to the other party all property and materials provided to it by the other party under these Terms; and
4.   d. the parties must cease acting in a manner that would imply a continuing relationship between the parties.

29. 29. Clauses 8 to 21 of these Terms will survive termination of these Terms together with any other terms which by their nature do so.
30. 30. Termination of these Terms will not prejudice any rights of the parties that may have accrued prior to such termination.

Notice

31. 31. Any notices, requests and other communications required or permitted under these Terms must be in writing and sent to the recipient party as follows (as amended to time by the recipient Party by notice to the other party):

1. to Ola by email to: legalanz@olacabs.com; and
2. to you by email or text message (SMS) to the email address or mobile number (as applicable) specified in your account registered with Ola or in the Claim Report.

Entire Agreement

32. 32. Nothing in these Terms limits any liability you or Ola may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms where such liability cannot be excluded under applicable law.
33. 33. Subject to clause 32, these Terms constitute the entire agreement between the parties in connection with, and will supersede all previous communications (either oral or written) between the parties, with respect to Ride Advantage, and no agreement or understanding varying or extending the same will be binding on either party unless arising out of the specific provisions of these Terms.

Relationship of the parties

34. 34. Nothing in these Terms is intended to constitute a fiduciary relationship or an agency, partnership or trust, and neither party has authority to bind the other party.

Governing Law and Dispute Resolution

35. 35. The parties must attempt to amicably settle any dispute arising out of or relating to these Terms through negotiation. If the dispute is not resolved between the parties after at least 30 (thirty) days of negotiation, the dispute must be referred to arbitration before a party may resort to litigation. The arbitration must be:

1.   a. held in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law;
2.   b. administered by the Australian Disputes Centre (ADC);
3.   c. conducted in accordance with the laws of the state or territory which the Ola Ride is taken (Area of Operation);
4.   d. held in the capital city of the Area of Operation; and
5.   e. conducted by be a single arbitrator agreed between the parties from a panel of arbitrators provided by the ADC (or, failing agreement, appointed by the Secretary General of ADC),
6.   f. and, to the maximum extent permitted by law, the arbitrator’s award will be final and binding on the parties.

36. 36. Notwithstanding clause 35, either party may seek appropriate interim or injunctive relief in any court having jurisdiction over the subject matter in accordance with applicable law, to enforce and/or prevent breach of its rights and remedies in and arising out of these Terms.
37. 37. These Terms will be governed by and construed in accordance with the laws of the Area of Operation and the Commonwealth of Australia, and the parties agree to submit to the exclusive jurisdiction of the courts of the Area of Operation.

Amendments to these Terms

38. 38. We may amend the terms of these Terms and will keep you updated regarding such amendments.
39. 39. You will be required to confirm your acceptance of the amendments referred to in clause 38. However, if you do not agree to any such amendments, you may terminate these Terms at any time in accordance with clause 26 prior to such amendments coming into effect.

Miscellaneous

40. 40. Assignment: you may not assign or transfer any of your rights, interests or obligations under these Terms to any third party without Ola’s prior written consent. Ola may assign its rights and interests under these Terms to any person whosoever.
41. 41. Joint Ventures: Ola will be entitled to enter into any transaction whereby Ola acquires, merges with or enters into a joint-venture with any other institution engaged in the business of providing services similar to those referred to in these Terms. In such cases, you may be provided with the Services by Ola jointly and/or severally with the parties to any such arrangement. These Terms will continue to apply in the event of any such arrangement, however if you do not agree with the aforesaid, you may terminate these Terms in accordance with clause 38 at any time.
42. 42. Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either party exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.
43. 43. Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
44. 44. Rights cumulative: Subject to any express provision in these Terms to the contrary, the rights, powers or remedies of a Party under these Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Terms or otherwise provided at law or in equity.