1. Acceptance of Terms
By downloading, installing, accessing, or using the Herdy mobile application or website (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use our Service.
These Terms constitute a legally binding agreement between you and Herdy regarding your use of our carpooling platform.
2. Description of Service
Herdy is a carpooling platform that connects drivers and passengers for shared transportation. Our Service allows users to:
- Find and connect with other users for shared rides
- Offer rides to fellow community members
- Share transportation costs fairly
- Connect with verified community members
- Access safety features and support
Herdy is not a transport provider, booking service, or carrier. Herdy provides a platform intermediary service only. All transport arrangements are made directly between users as private, non-commercial cost-sharing arrangements.
3. User Eligibility
To use Herdy, you must:
- Be at least 18 years old
- Have the legal capacity to enter into contracts
- Comply with all applicable local, state, and federal laws
4. User Registration and Accounts
You must create an account to use Herdy. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your login credentials confidential
- Be responsible for all activity under your account
- Notify us immediately of any unauthorized access
We reserve the right to verify your identity and may require additional documentation for safety and security purposes.
5. User Responsibilities
All Users
- Treat all community members with respect and courtesy
- Provide accurate information about rides and availability
- Communicate clearly and promptly with other users
- Follow safety guidelines and recommendations
- Report any safety concerns or inappropriate behavior
Drivers
- Ensure vehicle is safe, clean, and roadworthy
- Follow all traffic laws and drive safely
- Not drive under the influence of alcohol or drugs
- Maintain appropriate vehicle insurance coverage
Passengers
- Be punctual for scheduled rides
- Respect the driver's vehicle and rules
- Contribute fairly to ride costs as agreed
- Follow safety instructions from drivers
6. Ridesharing Rules
Herdy facilitates cost-sharing for rides, not commercial transportation services. Key principles:
- Drivers may only seek reimbursement for actual costs (fuel, tolls, maintenance)
- Drivers cannot profit from providing rides
- All ride arrangements are made directly between users
- Payment has been made before the trip
Cost contributions received by drivers do not constitute income. Drivers are recovering a share of costs they would incur regardless of whether a passenger travels with them. This arrangement is non-commercial in nature.
7. Payments and Fees
All payment transactions between passengers and drivers are processed through Herdy's platform using Stripe, our third-party payment processor. By using our service, you agree to the following payment terms:
Payment Processing
- All ride payments must be made through Herdy's platform
- Payments are processed securely by Stripe, Inc.
- You must provide valid payment method information
- Cash payments or direct transactions outside the platform are prohibited
- Payment authorization occurs when you confirm a ride
Herdy Service Fees
- Herdy charges a service fee on every transaction
- The total amount charged to the passenger consists of two distinct components: (1) a cost contribution paid to the driver, representing a share of the driver's actual vehicle running costs; and (2) a platform service fee paid to Herdy in exchange for access to the Herdy platform and matching service. These are separate in nature and purpose.
- Service fees are automatically deducted from each payment
- Current fee structure will be clearly displayed before confirming
- Fees may vary based on ride distance, demand, or promotional offers
- Fee changes will be communicated with reasonable advance notice
Payment Responsibilities
- Passengers are charged when rides has been approved by the driver
- Drivers receive payment minus Herdy's service fee when rides are completed successfully
- Payment disputes must be reported asap via the app within 7 days at the most.
- Refunds are processed according to our refund policy
Refunds and Cancellations
- Cancellations imply a refund to passengers
- Refunds are processed through the original payment method
- Processing time for refunds may take 5-10 business days
- Herdy service fees are generally fully refundable
8. Safety and Insurance
Important: Users participate in carpooling at their own risk. Herdy does not provide insurance coverage for rides arranged through our platform.
- Drivers must confirm their personal car insurance policy covers carpooling passengers (many standard policies do, but some don't — drivers need to check)
- Herdy strongly recommends drivers verify this with their insurer before offering rides
- Drivers must maintain appropriate vehicle insurance
- Herdy carries no liability for any incident occurring during a ride
- Users should verify insurance coverage before participating
- Report safety concerns immediately through our platform
- Follow all safety recommendations and guidelines
9. Prohibited Uses
Users are prohibited from:
- Using the Service for commercial transportation purposes
- Harassing, threatening, or discriminating against other users
- Providing false or misleading information
- Using the platform for illegal activities
- Attempting to circumvent safety or security measures
- Violating any applicable laws or regulations
- Creating multiple accounts or fake profiles
10. Intellectual Property
The Herdy app, website, and all related content are protected by intellectual property laws. You agree not to:
- Copy, modify, or distribute our content without permission
- Reverse engineer or attempt to extract source code
- Use our trademarks, logos, or branding without authorization
- Create derivative works based on our platform
11. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
12. Disclaimers
Disclaimer: Herdy provides the platform "as is" without warranties of any kind.
We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. We disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
13. Limitation of Liability
To the maximum extent permitted by law, Herdy shall not be liable for:
- Any indirect, incidental, or consequential damages
- Accidents, injuries, or damages occurring during rides
- Actions or omissions of other users
- Loss of data or interruption of service
- Any damages exceeding the fees paid to Herdy
14. Termination
We may suspend or terminate your account at any time for:
- Violation of these Terms of Use
- Fraudulent or illegal activity
- Safety concerns or inappropriate behavior
- Extended periods of inactivity
You may terminate your account at any time by contacting us or using account settings in the app.
15. Changes to Terms
We may modify these Terms at any time. We will notify users of significant changes via email or app notification. Continued use of the Service after changes constitutes acceptance of the new Terms.
16. Governing Law and Jurisdiction
These Terms are governed by and must be construed in accordance with the laws of New South Wales, Australia. To the extent permitted by law, such governing law governs all matters arising out of or relating to these Terms or your use of the Service.
You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms or your use of the Service.
Nothing in this clause limits any rights you may have under the Australian Consumer Law or other applicable mandatory consumer protection legislation that cannot be excluded by agreement.