Welcome to Zula Technologies PTY LTD

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Your use of the Zula Technologies PTY LTD platform and its services constitutes a legally binding agreement to these terms. You may not use the services if you do not agree with these terms. You agree that Zula Technologies PTY LTD, at its discretion, may terminate and/or deny you access to the services at any time.Zula Technologies PTY LTD may amend these terms at any time and your continued use of the service after the amendment will constitute as consent.

You acknowledge and agree that Zula Technologies PTY LTD is a platform service that enables you to provide carpool and/or logistics services, and all agreements made through Zula Technologies PTY LTD are between Drivers and Users. Zula Technologies PTY LTD does not provide transportation services, function as a transportation carrier, nor operate as an agent for the transportation of passengers or parcels.

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1. Our Services

1.1. The services are provided to you through the use of Zula Technologies PTY LTD websites and applications for riders to schedule, arrange and match with drivers providing transportation services. Drivers and riders may create accounts, which will enable them access to the Zula Technologies PTY LTD platform. The services are strictly for your personal use, unless otherwise agreed to in a separate contract with Zula Technologies PTY LTD.

1.2. The users’ (drivers and riders) decision to offer or accept transportation services by other users shall constitute as a separate agreement between the parties. You understand and agree that Zula Technologies PTY LTD is a platform service that facilitates carpooling and/or logistic services provided by independent third-party contractors. These independent third-party contractors are not hired or employed by Zula Technologies PTY LTD. Zula Technologies PTY LTD does not offer transportation services and is not a transportation company.

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2.Using Zula Technologies PTY LTD

2.1. User Accounts and Profiles.​ Users must be over the age of 18 to create an account and use the service. Persons of under 18 years of age may not use the services unless under the supervision of a person over the age of 18. You will be required to submit personal information such as your name, mobile phone number, email address, home address and payment information. Users will only be permitted one account and having multiple accounts is prohibited. It is the user’s sole responsibility to maintain accurate and current information in their pro les, as well as secrecy of their logins and credentials. You agree that inaccurate information such as invalid payment details may result in restricted access to the Zula Technologies PTY LTD platform.

2.2. Communications. ​ You agree that the Zula Technologies PTY LTD services may send you text messages relating to your usage of the services. You may opt out of receiving these text messages by submitting a request to the customer care team. You agree that opting out of receiving text messages may restrict your access to the services.

2.3. Promotions. ​ Promotional codes, account credits and other user benefits are created at the discretion of Zula Technologies PTY LTD and/or other third parties. Promo codes must only be used by the intended audience and may not be duplicated, sold or transferred to other parties, unless permitted by Zula Technologies PTY LTD. At its discretion and under no liability, Zula Technologies PTY LTD may modify the expiry date, terminate and/or disable promo codes at any time and for any reason. Zula Technologies PTY LTD reserves the right to suspend or terminate the benefits obtained via promo codes if it deems the way in which the benefits were redeemed is in violation of these terms.

2.4. Contents Provided by You. ​ Through the use of the Zula Technologies PTY LTD services, users may submit, upload and publish contents that will be made available to Zula Technologies PTY LTD. These contents will remain the property of the users. You agree that by providing these contents to Zula Technologies PTY LTD,you grant Zula Technologies PTY LTD the rights to use, sublicense and publically distribute without your consent and compensations to you. You also agree not to submit, upload and publish contents that will infringe or violate a third party’s intellectual properties. You will not provide contents that are offensive and you agree that Zula Technologies PTY LTD is not obligated to review any contents submitted by you.

2.5. Mobile Internet and Devices. ​ An internet connection and a compatible mobile device is required to use the Zula Technologies PTY LTD platform. You understand that, in order to use the services, you must provide your own mobile device and internet connection, and that the service may be impacted if there are issues with your internet connection. You agree that it is your responsibility to have a compatible device, in addition, Zula Technologies PTY LTD will not be held liable for any overage charges arising from the usage of the services.

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3. Payment Facility

 3.1.Fare Calculation​ .

3.1.1. In using the service, you agree that Driver-Partners may charge you for the transportation services provided (​ “ Fare” ), and that charges may have other fees

such as surcharges. Such Fare is: (a) charged per User request for courier services, or based on number of passengers for commute requests; (b) calculated based on distance travelled as determined by the location based services enabled on your device; and (c) with a minimum fare as set by the Zula Technologies PTY LTD at the time of the Transportation Services.

3.1.2. An estimated Fare will be quoted when you make the request for services. You

understand that this amount is only an estimate, and it is subjected to changes made during the actual journey. Zula Technologies PTY LTD uses distance travelled obtained via the Driver’s App and the Rider’s App to calculate the Fare. For more information on how Zula Technologies PTY LTD manages these information, please refer to the privacy statement.

3.2. Your Payment.​ You appoint Zula Technologies PTY LTD as your limited payment agent solely for the purpose of collecting the Fare from you on behalf of the Driver-Partner via the payment processing functionality facilitated by Zula Technologies PTY LTD. You acknowledge and agree that payment made to Zula Technologies PTY LTD is deemed as a payment made directly by RIder to Driver-Partner.

3.3. Zula Technologies PTY LTD Wallet.​ You acknowledge and agree that (a) all fares will be automatically deducted from your Zula Technologies PTY LTD Wallet at the completion of each Transportation Service, and

(b) you must maintain a minimum credit of $20 in your Zula Technologies PTY LTD Wallet to be eligible to use Zula Technologies PTY LTD services. You reserve the right to request for a refund of the remaining credit of your initial deposit up to 30 days after the date of the initial deposit. You acknowledge and agree that no refunds can be requested after 30 days after the date of the initial deposit, and all subsequent deposits are non-refundable.

3.4. Changes to Fare Calculation​ . You understand that Zula Technologies PTY LTD reserves the right to modify the pricing rate and surcharge at any time without your consent or knowledge, and that you are responsible for the charges incurred when using the platform.

3.5. Cancellation Charges.​ You agree that you will be liable for a cancellation charge if you request for your booking to be cancelled prior to the driver’s arrival. This fee will be deemed the Fare for the cancelled Transportation Services. Ride cancellations may be recorded by Zula Technologies PTY LTD and may influence the User’s ability to use Zula Technologies PTY LTD Services in the future.

3.6. Damage Fees.​ You understand that you shall be responsible to pay for the replacement,repair and cleaning of the properties that are damaged by you in using the services. The amount will be charged to your primary payment method as provided by you in your account. In calculating the amount to be charged to the rider, Zula Technologies PTY LTD, at its discretion, may investigate and request documents regarding the damaged properties. The damage fee will be paid in full to the driver.

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4.Proprietary Rights & License

4.1. License Grant.​ Zula Technologies PTY LTD hereby grants you a non-exclusive, royalty-free,             non-transferable,non-sublicensable, non-assignable license, during the term of this Agreement, to use the Driver App in connection with the provision of the Services solely for the purpose of providing Transportation Services to Users and tracking resulting Fares and Fees. All rights not expressly granted to you are reserved by Zula Technologies PTY LTD and its respective licensors.

4.2. Restrictions.​ You have no rights to use the Services except in the manner communicated in this Agreement as a limited license. You must not reference any of Zula Technologies PTY LTD’s company names, services, brands/logos/trademarks, or those of Zula Technologies PTY LTD’s licensors. Unless explicitly permitted by Zula Technologies PTY LTD, you must not attempt to gain unauthorised access to or interfere with any aspect of the Services or related systems, operations, or networks. You may not deconstruct any of the Services unless required and/or permitted by applicable law. You must not automate or manually conduct any process to scrape, index, or in any other manner transmit data or mine data relating to the Services which may burden or hinder the functionality, operation, and efficiency of the Services.

4.3. Ownership.​ The Zula Technologies PTY LTD Services, Driver App and data, including all intellectual property rights therein, shall remain the property of Zula Technologies PTY LTD and/or its respective licensors. Neither this Agreement nor your use of the Zula Technologies PTY LTD Services, Driver App convey to you any rights except for the limited license granted above. You agree that you will not try to register or otherwise claim ownership in any of the Zula Technologies PTY LTD Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

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5. Confidentiality

5.1. Confidentiality

In the performance of this Agreement, both you and Zula Technologies PTY LTD may have access to or may be exposed to, directly or indirectly, confidential information of the opposite party, including Driver IDs, User information, and the transaction volume, marketing and business plans,business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally). Each party acknowledges and agrees that all confidential information:

(a) shall remain the exclusive property of the disclosing party;

(b) Shall not be used for any purpose except in furtherance of this Agreement;

(c) Shall not be disclosed to any third party excluding its employees, officers, contractors, agents and service providers as necessary to perform the Service; and (d) shall be returned or destroyed upon the termination of this Agreement or at the request of the other party.

5.2. Notwithstanding the foregoing Section 5.1, confidential information exclude any information that: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party;

(b) Was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality;

(c) Is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or

(d) Is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

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6.Warranties and Disclaimers.

6.1 The services will be provided ‘as is’, without warranty or condition, express, implied or statutory. Zula Technologies PTY LTD do not guarantee the platform’s reliability, timeliness, availability and suitability of the services. Zula Technologies PTY LTD also does not guarantee that the services provided will be uninterrupted, accurate or error-free. Zula Technologies PTY LTD disclaim any implied warranties, merchantability, fitness for a particular purpose and non-infringement. You acknowledge and agree that the use of Zula Technologies PTY LTD Services, including use of and/or reliance on any content available through Zula Technologies PTY LTD, is entirely, or otherwise to the maximum extent permitted by applicable law, at your own risk.

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7.Indemnification

7.1 In General , You agree to hold harmless, defend, and indemnify Zula Technologies PTY LTD and its affiliated officers, directors, employees, agents, successors and assigns from and against all lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages relating to or arising out of your use of Services, however arising including negligence.

7.2 Limits of Liability

7.3  Zula Technologies PTY LTD will have no liability for:

(a) the actions, errors or omissions of any User;

(b) The truth or accuracy of any information provided by any Zula Technologies PTY LTD User; and/or

(c) The compliance by any Zula Technologies PTY LTD user with these terms or applicable laws. In all cases,Zula Technologies PTY LTD will have no liability for any loss or damage that is not reasonably foreseeable.

7.4 Certain jurisdictions may not allow the exclusions or limitation of certain damages. If these law apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. In any event, Zula Technologies PTY LTD’s total liability to you iin connection with the Services, for all damages, losses, and causes of action, shall not exceed $100 AUD.

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8.Governing Law

8.1 These Terms shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia, excluding any rules on conflicts of law with any other International or Universal legislation. All disputes must be lodged within 30 days of the supposed occurrence and evidence must be provided that the occurrence was within 30 days. Both mediation and/or arbitration shall be ​ submit to the jurisdiction of the Courts of Queensland, Australia and shall be in the English language. All communications, documents, briefs, and any other correspondence in relation to a dispute must remain strictly confidential unless expressly permitted in writing from the other party, unless disclosure is crucial for conducting the mediation and/or arbitration.