Privacy policy
SHARESEAT is owned and operated by shareseat.
These terms and conditions outline the obligations and responsibilities of each of the parties when using the online information technology platform run by
SHARESEAT (the Services”) on the platform found at www.shareseat.com.au (“SHARESEAT’) and including any mobile applications associated with the Services.
Please read these terms and conditions carefully. By using SHARESEAT and its Services, you agree to comply with and be bound by these terms and conditions as per these terms and conditions.
Last Updated: September 2020
1. Parties
1.1. These terms and conditions constitutes a legally binding agreement between Members and SHARESEAT (‘the Agreement). The Agreement governs Members’ access to and use SHARESEAT, including any website through which SHARESEAT makes the Services available; including but not limited to SHARESEAT’s mobile, tablet and other smart device applications, and application program interfaces (the Platform”).
1.2. For the purposes of this Agreement “SHARESEAT”, “We”, “Us”, or “Our”, refers to the Company, whereas “Member”, “You” or “Your” refers to Members and visitors of the Services.
2. Scope of Services
2.2. Passengers are able to communicate and transact directly with drivers on the SHARESEAT platform.
2.3. Passengers may request services (“Request” in response to a published Listing.
2.4. If a Driver accepts the Request on the Platform, an agreement is created between the Driver and the Passenger (the Contract);
2.5. Upon creation of the Contract, the Passenger must pay the Agreed Price into SHARESEAT’s “Escrow Account” (the Total Fees’);
2.6. Total Fees must be paid within a four-hour time limit once a Driver has accepted a Request. Requests will be cancelled if Total Fees are not paid in full within this time limit (‘the Period”).
2.7. Upon creation of a Contract, SHARESEAT will schedule a pre-authorisation using the Passenger’s nominated Payment Method before the Period commences. This will occur in general 24 hours before the Period commences, however if the Period commences less than 24 hours from Request acceptance, the pre-authorisation will occur immediately. Upon creation of the Contract, SHARESEAT has rendered SHARESEAT Services and the Service Fee is due and payable.
2.8. Drivers may then request a withdrawal from SHARESEAT credit to their nominated bank account. After the CarPool Contract is completed, the parties are encouraged to review and provide feedback of the Services on the SHARESEAT Platform.
3. SHARESEAT’s Role and Obligations
3.1. SHARESEAT provides the Platform only, enabling Members to publish Listings and make Requests on published Listings.
3.2. SHARESEAT does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services. Drivers alone are responsible for their Listings and Services.
3.3. When Members make or accept a booking, they are entering into a Contract directly with each other. SHARESEAT is not and does not become a party to or other participant in any Contractual relationship between Members.
3.4. SHARESEAT has no obligation to any Member to assist or involve itself in any dispute between Members, although may do so to improve Member experience.
3.5. While SHARESEAT may assist facilitate the resolution of disputes,
SHARESEAT has no control over and does not guarantee:
3.5.1. The existence, reliability, quality, safety, suitability, or legality of any Listings or Services;
3.5.2. The truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content; or
3.5.3. The performance or conduct of any Member or third party, including, but not limited to, the ability of Drivers to perform tasks or the honesty or accuracy of any information provided by Members or the Passengers’ ability to pay for the Services requested. SHARESEAT does not endorse any Member, Listing or Services.
3.6. If a Member chooses to use the Platform as a Driver, the Member’s relationship with SHARESEAT is limited to that of an independent, third-party Contractor, and not an employee, agent, joint venturer or partner of SHARESEAT for any reason.
3.7. Members choosing to use the Platform as a Driver act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of SHARESEAT.
3.8. SHARESEAT does not, and shall not be deemed to, direct or control any Member generally or in their performance under this Agreement specifically, including in connection with the provision of the Services.
3.9. Members acknowledge and agree that they have complete discretion whether to list Services or otherwise engage in other business or employment activities.
3.10. The Platform may contain links to third-party websites or resources.
SHARESEAT is not responsible or liable for any of the following:
3.10.1. Availability or accuracy of such Third-Party Services; or
3.10.2. The content, products, or services available from such Third-Party Services.
3.11. Links to such Third-Party Services are not an endorsement by SHARESEAT of such Third-Party Services.
3.12. Except for liability in relation to any non-excludable Condition, the Platform is provided on an “as is” basis, and without any warranty or condition, express or implled. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
3.13. SHARESEAT cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. SHARESEAT may carry out maintenance measures that ensures the proper or improved functioning of the Platform from time to time.
4. Membership Eligibility Criteria
4.1. Registering and creating an account with SHARESEAT is free.
4.2. To become a member and continue to be a member, you must:
4.2.1. Be at least 18 years old, and able to enter into legally binding Contracts to access and use the SHARESEAT Platform or register a SHARESEAT Account;
4.2.1.1. Age restrictions may apply to some Car-Share Items, as specified in individual Listings at the sole discretion of Drivers;
4.2.2. Register no more than one (1) SHARESEAT Account unless SHARESEAT authorizes a Member to do so. Members may not assign or otherwise transfer your SHARESEAT Account to another party; and
4.2.3. Not have been convicted of, or have any pending convictions for, a criminal offence in any jurisdiction.
4.3. Members must inform SHARESEAT as soon as reasonably practicable in the event that a Member ceases to meet any of the Eligibility Requirements at any time whilst continuing to be a Member.
4.4. Members warrant that all information provided by Members to SHARESEAT in the course of completing a Membership Application or at any time whilst using the Platform as a Member is true and correct and is all the Information
SHARESEAT could reasonably require in relation to Membership and use of the Service, including without limitation a Member’s:
4.4.1. Name;
4.4.2. Date of birth;
4.4.3. Mobile number;
4.4.4. Driver Licence;
4.4.5. Address; and
4.4.6. Email address.
4.5. Members must ensure that all information provided by the Member to
SHARESEAT is current and up to date
4.6. Users must be natural persons, but may specify within their account profile that they represent a business entity.
4.7. Members must indemnify SHARESEAT for any claim or loss suffered as a result of any information that You provide to SHARESEAT in relation to this Agreement, Your Membership or Your use of the Services being incorrect or misleading in any way, whether intentionally or otherwise.
4.8. SHARESEAT reserves the right to alter access to and use of the Platform, or certain areas or features of the Platform, subjected to certain conditions or requirements, such as:
4.8.1. Completing a verification process;
4.8.2. Meeting specific quality or eligibility criteria;
4.8.3. Meeting Ratings or Reviews thresholds; or
4.8.4. Member’s booking and cancellation history.
4.9. We do not assume any responsibility for the confirmation of any Member’s identity.
4.10. Members are responsible for maintaining the confidentiality and security of their Account credentials and may not disclose credentials to any third party.
4.11. Members must notify SHARESEAT as soon as reasonably practicable if it becomes knows or there is any reason to suspect that a Member’s credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your SHARESEAT Account.
4.12. Members are liable for any and all activities conducted through their
SHARESEAT Account, unless such activities are not authorized by the Member and the Member is not otherwise negligent (such as failing to report the unauthorized use or loss of credentials).
4.13. At its absolute discretion, SHARESEAT may refuse to allow any person to register or create an account with SHARESEAT or cancel or suspend any existing account.
4.14. All information obtained from Members are subject to our Privacy Policy, found at privacy policy.
5. Intellectual Property
5.1. Members are solely responsible for all Member Content that is made available on or through the Platform. Accordingly, You represent and warrant that:
5.1.1. You are the sole and exclusive owner of all Member Content that You make available on or through the Platform; or
5.1.2. You have all rights, licenses, consents and releases that are necessary to grant to SHARESEAT the rights in and to such Member Content, as contemplated under these Terms; and
5.1.3. Neither the Member Content nor Your posting, uploading, publication, submission or transmittal of the Member Content or SHARESEAT’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6. Payments and Authorizations
6.1. If you wish to utilize SHARESEAT, you may be required to provide information relevant to your purchase, including but not limited to, bank account detalls, your PayPal Identification, your credit card number, expiration date of said credit card, and your billing address.
6.2. The Driver and/or Passenger warrants that they;
6.2.1. Have the legal right to use the credit card, or other payment method, in connection with a Purchase with SHARESEAT; and
6.2.2. Have supplied true, correct and complete information to SHARESEAT when making the Purchase.
6.3. By providing SHARESEAT with the information outlined in Clause 6.1 and 6.2, the Driver and/or Passenger gives permission for SHARESEAT to provide the information to third parties, for the purpose of facilitating and finalising Purchases.
6.3.1. Where the Driver and/or Passenger purchases with SHARESEAT through the assistance of a Third Party Payment Provider (TPPP’), they acknowledge that they have read over those terms and conditions thoroughly, and have informed that TPPP that they agree to be bound by any terms and conditions in addition to this Agreement. The TPPP or their bank or other financial institution may require them to pay processing fees or other fees and charges. Any such fees and charges are their sole responsibility and are not included in the total, or other paid services unless otherwise specified. SHARESEAT accept no responsibility for the Driver and/or Passengers use of any TTTP. The Driver and/or Passenger agrees to keep their information including their email address and payment details up to date so that the TPPP and SHARESEAT can process payment and contact the Drive and/or Passengers as needed in connection with the provision of the Services.
6.4. All payments conducted through the Platform will be in Australian Dollars
(AUD) by default.
6.5. SHARESEAT will collect the Total Fees in the manner agreed between the Member and SHARESEAT via the Platform.
6.6. SHARESEAT may charge fees to Drivers and/or Passengers (collectively, “the Service Fees”) for the use of the Platform. More information about when the Service Fees apply and how they are calculated can be found on the SHARESEAT Fee Schedule page.
6.7. Any applicable Service Fees (including any applicable taxes) will be displayed to an Driver or Hirer.
6.8. Any Service Fees are included in the Total Fees collected by SHARESEAT.
6.9. SHARESEAT will deduct any Driver Service Fees from the Hire Charge before remitting the SHARESEAT credit to the Driver.
6.10. SHARESEAT reserves the right to change the Service Fees at any time, and will provide Members 14 days notice of any fee changes before they become effective.
6.11. When a Member adds or uses a new Payment Method, SHARESEAT may verify the Payment Method by authorizing a nominal amount or by authenticating the account via a third-party payment service provider.
6.12. When a Member adds a Payment Method during checkout, SHARESEAT will automatically save that Payment Method to the Member’s Account to be used for future transactions.
6.13. Members authorize SHARESEAT to store Payment Method information and charge the nominated Payment Method as outlined in these Payments Terms.
6.14. If the account information in relation to a Payment Method changes (including but not limited to, account number, routing number, expiration date) as a result of re-issuance or otherwise, SHARESEAT may acquire that information from SHARESEAT’s financial services partners) or the Member’s bank and update the Payment Method on file in the Member’s Account.
6.15. Members are solely responsible for the accuracy and completeness of their Payment Method and Payout Method information.
6.16. SHARESEAT is not responsible for any loss suffered by any Member as a result of incorrect Payment Method(s) or Payout Method information provided by Members.
6.17. Additional provisions relating to Drivers:
6.17.1. For verification purposes, SHARESEAT may authorize the Payment Method for one or two additional nominal amounts, and ask the Member to confirm these amounts
6.17.2. The time taken to receive Payouts once released by SHARESEAT may depend upon the Payout Method selected and the Payout Method provider’s processing schedule.
6.17.3. SHARESEAT may delay or cancel any Payout for the purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
6.18. All Fees and charges payable to SHARESEAT are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
6.19. SHARESEAT reserves the right to refuse or cancel a Purchase and/or Order where there are suspicions of fraud, unauthorised use or where an illegal transaction is suspected.
7. Undertakings of Drivers
7.1. When you post Your Listing, You as the Driver, are confirming that:
i. you hold a valid driving license;
ii. you only offer Listings 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;
ili. you are and remain the main driver of the vehicle subject of the Advert; iv. the vehicle has valid third party insurance;
v. you have no contraindication or medical incapacity for driving;
vi. the vehicle you intend to use for the Trip is a touring car with 4 wheels and a maximum of 7 seats;
vii. you do not intend posting another advert for the same Trip on the Platform; viii. you do not offer more Seats than the number available in your vehicle; ix. all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
x. to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date registration certificate.
7.2. When you use the Platform as Driver, you undertake:
i. 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 Trip and to be in possession of a valid driving licence;
ii. 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 booking, even if cross-border;
ili. 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.
iv. to post Listings corresponding only to bookings actually planned;
v. to make the Booking as described in the Listing (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
vi. not to take more Passengers than the number of seats indicated in the Listing; vii. to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date car registration certificate;
viii. to communicate to SHARESEAT or any Passenger who so requests your driving licence, your car registration certificate, your insurance certificate, your car registration certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
ix. in the case of holdup or change to the time or the booking, to inform your Passengers without delay;
x. in the case of a cross-border booking, to hold and keep available to the Passenger and any authority that may so request any document evidencing your identity and your right to cross the border;
xi. to wait for Passengers at the agreed meeting place for at least 15 minutes after the agreed time;
xii. not to post a Listing relative to a vehicle you do not own or that you are not authorised to use for the purposes of carpooling:
xili. to ensure you can be contacted by your Passengers by phone on the number registered on your profile;
xiv. not to generate any profit via the Platform;
xv. not to have any contraindication or medical incapacity for driving; xvi. to behave appropriately and responsibly during the booking, and in compliance with the spirit of carpooling;
xvil. not to decline any booking based on race, color, 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.
8. Undertakings of Passengers
When you use the Platform as Passenger, you undertake:
i. to adopt appropriate behaviour during the booking so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
ii. to respect the Driver’s vehicle and its cleanliness; ili. in the case of holdup, to inform the Driver without delay;
iv. to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
v. to communicate to SHARESEAT, or any Driver who so asks, your identity card or any document evidencing your identity;
vi. not to carry during a booking 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;
vii. in the case of a cross-border booking, to hold and keep available to the Driver and any authority that may so request any document evidencing your identity and your right to cross the border;
viii. to ensure you can be contacted by the Driver by phone on the number registered on your profile, including at the meeting point.
9. Booking Extensions, Cancellations and Refunds
9.1. Drivers and Passengers are responsible for any Booking Extensions to a Booking made via the SHARESEAT Platform.
9.2. Passengers agree to pay any Booking Extension Fees, SHARESEAT Fees, and/or Taxes associated with Booking Extensions.
9.3. Passengers can cancel a confirmed Request at any time to Listings, in which case cancellation fees may apply.
9.4. In cases of cancellations made by Drivers for confirmed Bookings, the Passenger will receive a full refund of the Total Fees within a commercially reasonable time of the cancellation.
9.5. Drivers may need to pay a Cancellation Fee to cancel the confirmed Bookings, and Passengers may be entitled to receive compensation. See our Fee Schedule.
9.6. SHARESEAT may impose a Cancellation Fee for cancelling the booking, unless the Driver has legitimate concerns about the Passenger’s behaviour.
9.7. SHARESEAT may decide, in its sole discretion, that it is necessary to cancel a confirmed Request and make appropriate refund decisions.
10. Ratings and Reviews
10.1. Passengers and Drivers can leave a public review (“Review”) and submit a star rating (“Rating”) once the Car-Share Period has concluded.
10.2. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of SHARESEAT.
10.3. Ratings and Reviews submitted by Passengers and Drivers must be accurate and may not contain any offensive or defamatory language.
10.4. Ratings and Reviews are not verified by SHARESEAT and SHARESEAT does not retain any responsibility for accuracy.
10.5. Members are prohibited from manipulating Ratings and Reviews system in any manner, such as the use of third parties.
10.6. Ratings and Reviews are visible on a Member’s public profile and may also be surfaced elsewhere on the SHARESEAT Platform, such as the Listing page.
11. Taxes
11.1. Drivers are solely responsible for determining their obligations to report, collect, remit or include in Booking Fees any applicable GST or income taxes (“Taxes”).
12. Amendment of these Terms
12.1. SHARESEAT reserves the right to amend this Agreement and these Terms, together with the Privacy Policy and the Fee Schedule at any time in accordance with this provision.
12.2. In the event that amendments are made to this Agreement and these Terms, SHARESEAT will notify Members in advance of any changes becoming effective by notice posted on the SHARESEAT Platform.
13. Term and Termination, Suspension and Other Measures
13.1. This Agreement shall be effective for a 30-day term, at the end of which the Agreement will automatically and continuously renew for subsequent 30-day terms until such time when the Member or SHARESEAT terminates the Agreement in accordance with this provision.
13.2. Members may terminate this Agreement at any time by communicating with SHARESEAT via email.
13.3. Termination will be finalised only when all outstanding payments have been paid, including any relevant Cancellation Fees.
13.4. If a Member wishes to terminate their Account as a Driver, any confirmed Bookings will be automatically cancelled, the Passengers will receive a full refund, and any relevant Cancellations Fees will apply.
13.5. If a Member cancels their SHARESEAT Account as a Passenger, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the Section 9 (Booking Extensions, Cancellations and Refunds) of these terms.
13.6. SHARESEAT may immediately, without notice, terminate this Agreement and/or stop providing access to the SHARESEAT Platform if:
13.6.1. A Member has materially breached their obligations under these Terms, or SHARESEAT’s Policies;
13.6.2. A Member has violated applicable laws, regulations or third party rights; or
13.6.3. A Member has, in Our reasonable opinion, committed any illegal, dishonest or wrongful act, abused or harassed Our staff or other Members, or posed a threat to the safety or wellbeing of Our staff or other Members.
13.6.4. SHARESEAT believes in good faith that such action is reasonably necessary to protect the personal safety or property of SHARESEAT, its Members, or third parties.
13.7. SHARESEAT may take any of the following measures:
13.7.1. Compliance with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body;
13.7.2. A Member has breached these Terms, our Policies, applicable laws, regulations, or third party rights;
13.7.3. A Member has provided inaccurate, fraudulent, outdated or incomplete information during the SHARESEAT Account Registration, Listing process or thereafter;
13.7.4. A Member has repeatedly received poor Ratings or Reviews or
SHARESEAT otherwise becomes aware of or has received complaints about performance or conduct;
13.7.5. A Member has repeatedly cancelled confirmed bookings or failed to respond to Requests without a valid reason; or
13.7.6. SHARESEAT believes in good faith that such action is reasonably necessary to protect the personal safety or property of SHARESEAT, its members, or third parties, or to prevent fraud or other illegal activity.
13.8. SHARESEAT may:
13.8.1. Refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content,
13.8.2. Cancel any pending or confirmed bookings;
13.8.3. Limit access to or use of the SHARESEAT platform;
13.8.4. Temporarily or in case of severe or repeated offenses permanently suspend any SHARESEAT Account and stop providing access to the SHARESEAT
Platform.
13.9. In case of non-material breaches and where appropriate, Members will be given notice of any intended measure by SHARESEAT and an opportunity to resolve the issue to SHARESEAT’s reasonable satisfaction.
13.10. In the event that any of the measures above are taken:
13.10.1. SHARESEAT may refund the Passenger in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies; and
13.10.2. Drivers will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.11. When this Agreement has been terminated, Members are not entitled to a restoration of their Account or any of their Member Content.
13.12. If access to or use of the SHARESEAT Platform has been limited or a SHARESEAT Account has been suspended or this Agreement has been terminated by SHARESEAT, Members may not register a new SHARESEAT
Account or access and use the SHARESEAT Platform through an SHARESEAT Account of another Member.
14. Disclaimers
14.1. If You choose to use the SHARESEAT Platform or Content, You do so voluntarily and at Your sole risk.
14.2. The SHARESEAT Platform and Collective Content is provided “as is”. without warranty of any kind, either express or implied.
14.3. You agree that You have had whatever opportunity You deem necessary to investigate the SHARESEAT Services, laws, rules, or regulations that may be applicable to Your Listings and/or Services You are receiving and that You are not relying upon any statement of law or fact made by SHARESEAT relating to a Listing.
14.4. If SHARESEAT chooses to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, SHARESEAT disclaims warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
14.5. You assume full responsibility for the choices You make before, during and after Your participation in a CarPool Service or the Online Payment Service.
14.6. The foregoing disclaimers apply to the maximum extent permitted by law.
14.7. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
15. Liability
15.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of Your access to and use of the SHARESEAT Platform and Content, Your publishing of any Listing via the SHARESEAT Platform, participation in any Experience or Event or use of any other CarPool Service, participation in the Online Payment Service, or any other interaction You have with other Members whether in person or online remains with You.
15.2. Neither SHARESEAT nor any other party involved in creating, producing, or delivering the SHARESEAT Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with:
15.2.1. These Terms;
15.2.2. From the use of or inability to use the SHARESEAT Platform or Content;
15.2.3. From any communications, interactions or meetings with other Members or other persons with whom You communicate, interact or meet with as a result of Your use of the SHARESEAT Platform; or
15.2.4. From Your publishing or booking of a Listing, including the provision or use of a Listing’s Services, whether based on warranty, Contract, tort (including negligence), product liability or any other legal theory, and whether or not SHARESEAT has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
15.3. Except for our obligations to pay amounts to applicable Drivers pursuant to these Terms, in no event will SHARESEAT’s aggregate liability arising out of or in connection with these Terms and Your use of the Platform including but not limited to:
15.3.1. From Your publishing or booking of any Listings via the Platform; or
15.3.2. From the use of or inability to use the SHARESEAT Platform or Content; and
15.3.3. In connection with any CarPool Service, Car-Share Contract or interactions with any other Members,
exceed the amounts You have paid or owe for bookings via the SHARESEAT
Platform as a Passenger in the twelve (12) month period prior to the event giving rise to the liability, or if You are a Driver, the amounts paid by SHARESEAT to You in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian dollars (AUD$100), if no such payments have been made, as applicable.
16. Indemnification
16.1. To the maximum extent permitted by applicable law, You agree to release, defend (at SHARESEAT’s option), indemnify, and hold SHARESEAT and SHARESEAT officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
16.1.1. Your breach of these Terms or our Policies or Standards;
16.1.2. Your improper use of the SHARESEAT Platform;
16.1.3. Your interaction with any Member;
16.1.4. Participation in any Car-Share Contract including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use;
16.1.5. Your breach of any laws, regulations or third party rights.
17. Feedback
17.1. SHARESEAT welcomes and encourages Members to provide feedback, comments and suggestions for improvements to the SHARESEAT Platform (“Feedback”).
17.2. Members may submit Feedback via email, through the Support section of the SHARESEAT Platform, or by other means of communication.
17.3. Any Feedback submitted to SHARESEAT will be considered non-confidential and non-proprietary the submitting Member.
18. Applicable Law
18.1. These Terms will be governed by the laws of New South Wales, Australia. If there is a dispute between you and SHARESEAT that results in litigation then you must submit to the jurisdiction of the courts of New South Wales, Australia. In the event that any of these Terms are found to be unenforceable under New South Wales Law, this will not affect the remainder of these Terms.
19. General Provisions
19.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between SHARESEAT and You pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between SHARESEAT and You in relation to the access to and use of the SHARESEAT Platform.
19.2. No joint venture, partnership, employment, or agency relationship exists between You and SHARESEAT as a result of this Agreement or Your use of the Platform.
19.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.5. SHARESEAT’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
19.6. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.7. You may not assign, transfer or delegate this Agreement and Your rights and obligations hereunder without SHARESEAT’s prior written consent.
19.8. SHARESEAT may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice.
19.9. Your right to terminate this Agreement at any time remains unaffected.
19.10. If You have any questions about these Terms please email us: at Help@SHARESEAT.com.au.