Terms and Conditions

NOTE: These terms and conditions are subject to change at any time without notice. 

1. About the Application 

 (a) Welcome to Mobii (“Application”). The Application facilitates interactions between: 

        (i) parties providing services (“Provider”); and
        (ii)parties receiving services (“Receiver”), 

making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services, including but not limited to transportation, in a fast and secure manner(“Services”).

(b) The Application is operated by Mobii pty ltd (ACN 665 179 635). Access to and use of the Application, or any of its associated products or services, is provided by Mobii pty ltd. Please read these terms and conditions (“Terms”) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its products or services, immediately.  

(c) Mobii pty ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mobii pty ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. 

2. Acceptance of the Terms 

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mobii pty ltd in the user interface. 

3. The Services 

a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Application (“Account”).

b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

1. Email address;
2. Mailing address; 
3. Telephone number; 
4. Password; 
5. Personnel information such as contact details;  
6. Business information including ABN. 
7. Vehicle and licensing information;  
8. Information about conduct and performance 
9. Information about your right to work in Australia, and your clearance to work with children. 
10. Information obtained to assist in managing client and business relationships.
11. Information that is necessary and reasonable to ensure Mobii pty ltd functions and activities as a rideshare operator; or to manage the sustained growth of Mobii pty ltd through consumer analytics, including: 
    1.1 Personnel information such as contact details, DOB and postcode; 
    1.2Information about conduct; 
    1.3 Information obtained to assist in managing client and business relationships. 

c) You warrant that any information you give to Mobii pty ltd in the course of completing the registration process will always be accurate, correct and up to date.

d) Once you have successfully completed the registration process, you will be a registered member of the Application (“Member”) and agree to be bound by the Terms. 

e) You may not use the Services and may not accept the Terms if:

     i) you are not of legal age to form a binding contract with Mobii pty ltd; 

     ii) you have not successfully completed the registration process; 

     iii) you are unable to satisfy one or more of the requirements to become a member; or 

     iv) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are            resident or from which you use the Services. 

4. Your obligations as a Member 

As a Member, you agree to comply with the following: 

a) you will not share your profile with any other person; 

b) you will use the Services only for purposes that are permitted by:

     i) the Terms; and 

     ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 

c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; 

d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Mobii pty ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware; 

e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time; 

f) any content that you broadcast, publish, upload, transmit, post or distribute on the Application (“Your Content”) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content. 

g) you agree not to harass, impersonate, stalk, or threaten another Member of the Application (where interaction with other Members is made available to you); 

h) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the services; 

i) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Mobii pty ltd; 

j) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Application; 

k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the services. Appropriate legal action will be taken by Mobii pty ltd for any illegal or unauthorised use of the Application; and 

l) you acknowledge and agree that any automated use of the Application or its Services is prohibited. 

5. Using the Application as the Receiver  

     i) Collaboration with Healthcare Partners:  

Healthcare facilities and organizations can seamlessly integrate Mobii into their operations. This enables them to facilitate transportation for patients who require assistance in reaching destinations. 

     ii) Reserving Rides: 

Medical facilities can efficiently reserve rides for patients through the Mobii platform. This involves entering essential details such as the patient’s name, pickup location, destination (healthcare facility), and appointment time. 

    iii) Alerts and Communication: 

Patients receive timely alerts about their scheduled rides through the Mobii app. These alerts include information about the assigned driver, the vehicle, and the expected arrival time, aiding patients in planning their transportation needs effectively. 

     iv) Live Tracking:* 

Patients have the ability to monitor the progress of their ride in real-time using the Mobii app. This feature provides transparency and enhances coordination between patients and drivers. 

     v) Centralized Invoicing: 

Mobii offers a centralized invoicing system for healthcare providers, streamlining the management of transportation expenses. This centralized approach facilitates an efficient and organized invoicing process. 

     vi) Adherence to Compliance and Security Protocols: 

 Mobii prioritizes adherence to healthcare regulations and implements robust security protocols to safeguard patient information. The service is designed to comply with industry standards for data protection and healthcare compliance. 

     vii) Tailored Accessibility Options: 

Mobii provides options tailored to accommodate the unique needs of patients, including choices for wheelchair-accessible vehicles and other specialized transportation requirements. 

      viii) Insights through Reporting and Analytics: 

Healthcare providers gain valuable insights into transportation usage, costs, and related data through Mobii’s reporting and analytics tools. This information facilitates informed decision-making and efficient resource management. 

6. Using the Application as the Provider 

     i) Enrolment and Integration: 

Healthcare partners commence their involvement by enrolling with Mobii and integrating their systems with the Mobii platform. This involves creating an account and establishing a link between the provider’s scheduling or electronic health record system and Mobii. 

     ii) Appointment Coordination: 

Providers utilize the Mobii dashboard to coordinate rides for their patients. This entails entering details such as the patient’s name, pickup location, destination (healthcare facility), and appointment time. 

      iii) Patient Alerts: 

Following the scheduling of a ride, Mobii sends alerts to patients, furnishing details about the ride, including the driver’s information, vehicle details, and estimated arrival time. 

     iv) Live Route Tracking: 

Providers and patients can trace the progress of the ride in real-time using the Mobii platform. This feature enhances visibility and facilitates efficient coordination whilst aiding in ensuring patient safety. 

     v) Financial Transactions and Invoicing: 

Mobii provides a centralized financial platform for healthcare providers. Providers can efficiently manage transportation expenses through the Mobii dashboard, which includes features for financial transactions and reporting. 

     vi) Adherence to Compliance and Security Measures: 

Mobii underscores adherence to healthcare regulations and implements security measures to safeguard patient information. The platform is meticulously designed to comply with industry standards for data protection and healthcare compliance. 

      vii) Insights through Reporting and Analytics: 

Mobii furnishes reporting and analytics tools for healthcare providers. This allows them to garner insights into transportation usage, costs, and related data, empowering informed decision-making and resource management. 

     viii) Client Assistance: 

Mobii extends client assistance to aid healthcare providers with any queries or concerns related to the platform, scheduling, financial transactions, or other facets of the service. 

7. Payment 

a) By Mobii pty ltd offering the Services to you, you agree that: 

     i) Allocated Funding System: 

Healthcare partners enrolled with Mobii typically benefit from an allocated funding system. In this arrangement, healthcare providers can allocate specific funds for transportation services through Mobii, streamlining the payment process.  

     ii) Monthly Billing and Allocated Budget: 

Mobii provides healthcare providers with a monthly bill summarizing the transportation expenses incurred during that period. This bill includes details such as the number of rides, associated costs, and any applicable fees. Providers can allocate a predetermined budget to cover these expenses.Should the healthcare provider require more rides than what is affordable through their predetermined budget, they may continue to order rides as usual, at the prescribed rate. 

     iii) Payment Terms and Provider Contribution: 

The payment terms may vary, and healthcare providers are generally required to settle the invoice within a specified period, such as net 30 days. While healthcare providers allocate certain funding, clients may or may not be required to contribute to the payment, depending on the funding arrangement. 

     iv) Transparent Reporting: 

Mobii offers transparent reporting and analytic tools, allowing healthcare providers to review detailed breakdowns of transportation usage, costs, and related data. This transparency aids in understanding and managing expenses within the allocated budget. 

     v) Billing Integration: 

The billing system is often integrated with the Mobii dashboard, providing a streamlined experience for healthcare providers to manage payments and access financial information, including the allocated budget and any client contributions. 

     vi) Compliance and Security: 

Mobii places a strong emphasis on compliance with healthcare regulations and implements robust security measures to protect sensitive information. This is crucial, especially when handling billing and payment data related to healthcare services. 

b) All payments made in the course of your use of the Services are made using Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Application. 

8. Refund Policy 

a) All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law. 

b) As Mobii pty ltd is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Mobii pty ltd does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services. 

c) Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Mobii pty ltd requires the Receiver to: 

     i) contact the Provider directly to request a refund; and 

     ii) if contacting the Provider is unsuccessful after fourteen (14) days, contact Mobii pty ltd through the ‘Contact Us’ section of the Application outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services. 

d) If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately: 

     i) complete the Mobii pty ltd refund request form (“Request Form”) provided on the Application; and 

     ii) provide both the Request Form and the email from the Receiver requesting the refund to Mobii pty ltd. 

e) If the Provider agrees to a refund, it is acknowledged that the Provider will instruct Mobii pty ltd to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Mobii pty ltd in processing the refund.

f) Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.  

9. Copyright and Intellectual Property 

a) The Application, the Services and all of the related products of Mobii pty ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Mobii pty ltd or its contributors. 

b) All trademarks, service marks and trade names are owned, registered and/or licensed by Mobii pty ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: 

     i) use the Application pursuant to the Terms; 

     ii) copy and store the Application and the material contained in the Application in your device’s cache memory; and 

     iii) print pages from the Application for your own personal and non-commercial use. 

Mobii pty ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Mobii pty ltd. 

c) Mobii pty ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any: 

     i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or 

     ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 

     iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or proceeds) to you.

d) You may not, without the prior written permission of Mobii pty ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain. 

e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to Mobii pty ltd a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content. 

10. Privacy 

Mobii pty ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Mobii pty ltd’s Privacy Policy, which is available at www.mobii.com.au. 

11. General Disclaimer 

a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

b) Subject to this clause, and to the extent permitted by law: 

     i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and 

     ii) Mobii pty ltd we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

     c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mobii pty ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Mobii pty ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

     i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; 

     ii) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application); 

     iii) costs incurred as a result of you using the Application, the Services or any of the products of Mobii pty ltd; and 

     iv) the Services or operation in respect to links which are provided for your convenience. 

d) You acknowledge that Mobii pty ltd, the Application, and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Mobii pty ltd holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members). 

12. Competitors 

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Mobii pty ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Mobii pty ltd 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. 

13. Limitation of Liability 

a) Mobii pty ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. 

b) You expressly understand and agree that Mobii pty ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 

c) You acknowledge and agree that Mobii pty ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application. 

14. Termination of Contract 

a) If you want to terminate the Terms, you may do so by providing Mobii pty ltd with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Mobii pty ltd via the ‘Contact Us’ link on our homepage.

b) Mobii pty ltd may at any time, terminate the Terms with you if:  

     i) you have breached any provision of the Terms or intend to breach any provision; 

     ii) Mobii pty ltd is required to do so by law; 

     iii) Mobii pty ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or 

     iv) the provision of the Services to you by Mobii pty ltd is, in the opinion of Mobii pty ltd, no longer commercially viable. 

c) Subject to local applicable laws, Mobii pty ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mobii pty ltd’s name or reputation or violates the rights of those of another party. 

d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Mobii pty ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 

15. Indemnity 

You agree to indemnify Mobii pty ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage 

(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; 

b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or 

c) any breach of the Terms. 

16. Dispute Resolution 

 16.1.  Compulsory: 

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 

16.2. Notice: 

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 

16.3. Resolution: 

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must: 

a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 

b) If for any reason, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian mediation association; 

c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 

d) The mediation will be held in NSW, Australia. 

16.4.  Confidential 

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. 

16.5. Termination of Mediation: 

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. 

17. Venue and Jurisdiction 

The Services offered by Mobii pty ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. 

18. Governing Law 

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 

19. Severance 

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 

20. Australian Business Number (ABN) Details 

By providing your ABN on question 7 of our driver form,  and typing ‘I agree’ on question 11 of our driver form, you acknowledge and agree that you are confirming to Mobii and its related and affiliated entities (Mobii) that you are registered for GST and:

1. confirm that the information you are providing to Mobii regarding my ABN & GST registration status is correct.

2. By providing this information you expressly consent for Mobii, where required, to issue tax compliant invoices on behalf of my business for services provided by my business in response to leads generated through the Mobii App.

3. You understand and accept that by providing your Australian Business Number (ABN) (which is also your GST registration number), you are confirming to Mobii that you are registered for GST in Australia and that Mobii will treat your business as a GST registered business.

4. You understand and accept that Mobii accepts no liability for incorrect information provided by you, including but not limited to information in relation to your ABN or to your GST registration status.