The use of the App and the Services is governed by the terms and conditions set out below, as updated by Operator from time to time. By downloading the App and/or using the Services, a User is taken to have accepted the terms and conditions in their entirety and a contractual relationship is formed between the User and Operator. A User is responsible for their compliance with these terms and conditions (including any updated versions).
If a User does not agree to these terms and conditions, they must not use the Services or the App. These terms and conditions supersede any prior arrangement between the User and RESQ+. The Operator may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above. Amendments to these terms and conditions will be published on the Operator website and continued use of the App or the Services by the User is taken as acceptance of the amendments.
Users will require their own internet connection to use the application and will be responsible for any associated costs of data use. Users are responsible for enabling notifications from The App to ensure Users receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from Operator and RESQ+ from time to time. Users may choose not to enable notifications however by doing so, User acknowledges that their use of the App may impact their use of the Services.
In addition, supplemental terms may apply to certain services, such as the use of WiFi on the Vehicles – these will be made available by Operator on their website or at the time of use.
In these terms and conditions, the following terms and definitions apply unless otherwise stated:
Account requirements
To access the Services, Users will need to create an account in the App or on the Operator website.
The creation of an account will require the provision of Personal Information. Operator will treat all Personal Information provided by the User in accordance with our Privacy Policy (see document).
By becoming a User, individuals warrant that they have the right, authority, and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to their account.
TO BOARD A VEHICLE USERS MUST HAVE A BOOKING – Operator Vehicles will not, under any circumstances, pick up passengers hailing Vehicles or waiting at ranks.
OPERATOR DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL BE ACCURATE, RELIABLE, SECURE, ACCESSIBLE OR FREE FROM ERRORS OR DEFECTS. IT IS THE RESPONSIBILITY OF THE USER TO INVESTIGATE WHETHER THE USE OF THE SERVICES WILL MEET THEIR REQUIREMENTS.
A Booking is made on confirmation from Operator and notification of the estimated pick-up time is provided. Until a User has received this notification, no Booking will be accepted by Operator. Operators reserve the right to refuse carriage to Users who do not have evidence of their Booking in the form of an App confirmation on their mobile phone which can be displayed to the driver on pickup.
Users must nominate at the time of Booking if booking a trip for additional passengers to that User. A User acknowledges that a failure to notify Operator at the time of arranging the Booking may entitle Operator to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.
The Services currently do not provide allocated seating and it is therefore the responsibility of the User to select a seat when they board the Vehicle. The safety of the User, including the use of seatbelts, is the responsibility of the User in all circumstances.
You can cancel your trip through the RESQ+ app.
If a User repeatedly cancels trips without notifying Operator in advance, the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.
When using the Services, the User agrees to abide by all relevant regulations and policies, including but not limited to those set out on the RAPAD Employment Services Queensland Website. www.resqld.com.au/transport
Operator’s Conditions of Carriage can be found on Operator’s website and set out Operator’s policies including those in relation to passenger behaviour, luggage, and assistance animals.
A failure to abide by any of the above may result in Operator prohibiting a User from using the Services and/or suspending their account.
Information Use of the App or Operator website may require individuals to disclose personal information when creating their user profile. The App will also collect information about the Users use of the Services, including trips booked and payments made. Any Personal Information received by Operator will be treated in accordance with our privacy policy. Available: Website.
www.resqld.com.au/transport
The information and data from these Services may be used to generate anonymized and aggregated statistical and analytical data and be used for the Associated Parties’ internal research and product development purposes and to conduct statistical analysis and identify trends and insights. In addition, the Associated Parties’ may supply the aggregated statistical and analytical data to third parties following Operator’s written consent. Personal Information (information or an opinion about passengers), collected from Users, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by Operator will be disclosed to RESQ+.
The Operator may also use passenger contact details to conduct surveys relating to the provision of the Service provided by Operator.
By using the Services provided by Operator, Users consent to the collection, use and disclosure of their Personal Information in the manner outlined above. The consents and rights above will survive the expiry of these Terms and Conditions.
All Intellectual Property associated with the Services is owned by the Operator, its Associated Parties or RESQ+ unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive license to use the App for the purposes outlined above and no other purpose. Operator and RESQ+ give no warranties, and will not in any circumstances be liable for, the infringement of third-party Intellectual Property rights in relation to the Use of the App.
Any material (other than Personal Information) uploaded by the User will become the property of the Operator. This includes feedback comments, ratings of Operator drivers or Services and promotional materials uploaded onto social media sites and pinned to the Services. By uploading any images or other materials onto public areas of the application, the User consents to the use of these in promotional material or other publications by Operator.
The Operator will, at all times, use best endeavour’s to deliver the Services in line with these terms and conditions, the Conditions of Carriage and the Customer Charter.
TO THE EXTENT PERMITTED BY LAW, OPERATOR AND ITS ASSOCIATED PARTIES ARE NOT LIABLE FOR ANY LOSS (INCLUDING DIRECT OR INDIRECT LOSSES, DAMAGE, LIABILITY OR EXPENSES ARISING NATURALLY FROM THE PERFORMANCE OR NON-PERFORMANCE (INCLUDING ANY NEGLIGENT OR WILFUL ACT OR OMISSION) ANY BREACH OR DEFAULT BY OPERATOR OR A THIRD PARTY) CAUSED BY OR CONTRIBUTED TO BY THE USER’S USE OF THE APP OR THE SERVICES.
WITHOUT LIMITING THIS SECTION, OPERATOR WILL NOT BE LIABLE FOR ANY COSTS INCURRED BY A USER AS A RESULT OF A CANCELLED SERVICE, INCLUDING CONSEQUENTIAL DAMAGES OR THE COST OF ALTERNATIVE TRAVEL ARRANGEMENTS, INCLUDING WITHOUT LIMITATION FOR ANY FAILURE TO MEET A SUBSEQUENT JOURNEY ON ANY FORM OF TRANSPORT.
SUBJECT TO THE BELOW, IN NO EVENT WILL OPERATOR’S LIABILITY TO A USER EXCEED 1,000 IN RELATION TO ANY INCIDENT OR CLAIM.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
YOU AGREE TO INDEMNIFY OPERATOR, AND ASSOCIATED PARTIES, AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH:
There is also the ability for comments and feedback to be left through the App – see the FAQs on the Operator website www.resqld.com.au/transport for further information.
A series of poor ratings may result in the Operator prohibiting a User from using the Services and/or suspending their account.
Operator value feedback, questions, and concerns from Users in relation to the App and the Services and will endeavour to respond to all genuine enquiries as soon as possible. All feedback and enquiries should be lodged at first instance using the email service:
or call your local RESQ+ office.
Relationship between the Parties
In relation to the performance of Services, Operator will provide the Services as an independent contractor and nothing in these Terms and Conditions will be construed to constitute Operator as an employee of the User or constitute a partnership between the parties or so as to constitute either party as the agent or legal representative of the other party.
The use of the App and the Services will be governed and construed in accordance with the laws of NSW Australia and the User submits to the non-exclusive jurisdiction of the courts of that State.
This document records the entire agreement between the parties. The parties exclude all terms implied by law, where possible. Neither party has given any warranty or made any representation to the other party about the Services, other than those warranties and representations expressed in this document.
If any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.
If you have any questions regarding any legal aspect of this document, please send an email to