Parachuute Services Pty Ltd (we, us or our) operates the service accessible via the downloadable “Parachuute” application (App) and the website located at www.parachuute.com (Website), collectively referred to as “Parachuute”. Parachuute enables parents and guardians to easily organise carpools within a trusted network of members.
By accessing Parachuute you agree to be bound by the terms and conditions set out below (Terms). We may change these Terms at any time on notice to you and your continued use of Parachuute shall constitute acceptance of any such changes. You can contact us at firstname.lastname@example.org if you have any queries in relation to these Terms, alternatively, our FAQs section provides more general advice on how Parachuute works.
Confidential Information: includes any information disclosed to either party relating to their businesses, customers, suppliers, employees, plans, designs, processes, trade secrets or software and any other information that is by its nature confidential or that a reasonable business person would consider confidential, but does not include information that is in the public domain, otherwise than by a breach of these confidentiality obligations, or information independently produced by a third party.
Helper: means a Member who performs a Favour.
Parachuute Points: means the virtual currency used by Members in Parachuute.
Intellectual Property Rights: includes rights in present and future copyright, designs, trademarks, confidential information, inventions, patents, know-how, trade secrets, business names and domain names.
Requester: means any Member who makes a request for a Favour.
Favour: means the favour requested by a Requester to their Trusted Network to carpool.
State: means the State or Territory where the Favour is being provided.
Trusted Network: means the network of Members selected by you as part of your trusted carpool network.
Member: means any person who registers to use Parachuute and accepts these Terms.
you or your: means you, the Member accessing these Terms.
2. Use and Eligibility
2.1. In order to be a Member and use Parachuute you must be over 18 years old, in addition, Helpers must:
a) hold a full, unrestricted drivers’ licence in the State;
b) use a vehicle that meets any requirements for roadworthiness in the State;
c) use any child restraints as required by law in the State; and
d) hold compulsory third party and comprehensive car insurance.
2.2. We reserve the right to request from you at any time evidence of compliance with the above clause 2.1, and may, in our complete discretion, suspend your use of Parachuute if you cannot provide us with proof to our satisfaction.
2.3. Parachuute is not to be used for any unlawful or commercial purpose, and is intended only for your personal use in arranging and scheduling carpools. You must not use Parachuute to send any unsolicited or spam messages, or to harass any other Member.
2.4. To use Parachuute you must create an account and provide us with personal information such as your name, mobile phone number, e-mail address and your residential address. You are responsible for ensuring that such information is kept up to date.
2.5. You are responsible for all activity on your Parachuute account and must make sure your login details are kept secure. Your account is personal to you and must not be used by any other person. If you know or suspect that someone else is using your account, please contact us immediately so that we can suspend access.
2.6. Currently, Parachuute is only available for download and use in Australia.
3. Parachuute Points
3.1. Parachuute is free to download and we do not charge subscription fees, however to request a Favour you must purchase or earn Parachuute Points. Parachuute Points are earned by performing a Favour, or can be bought through Parachuute by using your credit card.
3.2. Parachuute Points are non-refundable and may not be transferred or exchanged for cash or any other consideration. We will deduct 1 Parachuute Point for each Favour which is requested by you and accepted by a Helper through Parachuute as an administration fee, we may change this administration fee from time to time on notice to you.
3.3. You may top up your Parachuute Points at any time through your Parachuute account by using a valid credit card. We charge a service fee for processing credit card payments, the relevant fee will be notified to you prior to check out.
3.4. Payments made on Parachuute are processed through a third party payment provider and we do not store any of your credit card information. The third party payment provider’s terms and conditions of use are available https://pin.net.au/terms.
4. Parachuute Services
4.1. We will use all reasonable endeavours to ensure that Parachuute is available at all times, except for scheduled downtime for any maintenance or updates to Parachuute, however we do not make any warranties that your access to and use of Parachuute will be uninterrupted or error free.
4.2. We will not be responsible for any downtime caused by circumstances beyond our control, such as internet service provider failures or delays, hosting issues, unauthorized or malicious access or downtime caused by any event that is outside of our reasonable control, such as a failure of internet service providers or act of god.
4.3. We reserve the right to change or discontinue any service or feature available on Parachuute in whole or in part at any time, or suspend or terminate any Member’s access to or use of Parachuute if we reasonably believe such Member is not using Parachuute in accordance with these Terms.
5. Third Party Services
5.1. Links to other websites may be included on Parachuute from time to time. Any such links are provided purely for your convenience. We are not responsible for the contents (including the accuracy, legality or decency) of any linked site, or page, or for its security or privacy measures. You must make your own enquires as to the suitability of the content of linked sites and the goods and services available from them.
5.2. Third parties may, from time to time, offer to provide discounts to Members. By providing you with notice of such discounts, we are in no way endorsing or guaranteeing the goods or services of any third party, and any purchases made by you shall be subject to that third party’s terms of purchase.
6. Your Obligations
6.1. You warrant that:
a) any details provided to us or in any request for a Favour are true and correct and acknowledge that a failure to provide accurate or full information may prevent us from providing you with access to Parachuute, or may affect a Helper’s ability to fully perform a Favour;
b) you will use Parachuute in accordance with a high standard of safety and in accordance with all of our policies in relation to safety and etiquette, as introduced or amended by us from time to time
c) treatment of any personal information of any Member or any other third party received by you out of or in connection with your use of Parachuute will comply with the requirements of the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
6.2. If any dispute arises between you and another Member as a result of your use of Parachuute, you must use all reasonable endeavors to resolve such dispute between you. If a dispute cannot be resolved, you may provide us with a written dispute notice, and we may, at our discretion, assist in resolving such dispute.
6.3. You agree to indemnify us for any loss or damage suffered by us, or any claim brought against us, as a result of your breach of any of the warranties contained in this clause 6.
7. Intellectual Property & Confidentiality
7.1. We own and shall retain all present and future Intellectual Property Rights in Parachuute, including any developments, improvements or modifications to it, you must not copy, modify or otherwise reverse engineer all or any part of Parachuute.
7.2. We will not disclose Confidential Information of any party received as a result of any party’s use of or access to Parachuute, with the exception of Confidential Information that is required to be disclosed by law, which may be disclosed provided reasonable notice and opportunity to challenge such disclosure is given. We agree to use all practical steps to protect Confidential Information we receive in connection with the provision, use and/or access to Parachuute.
8.2. We will send you push notifications in relation to your use of Parachuute, primarily relating to Favours being requested or performed by you. You may opt-out of receiving such notifications at any time by changing your Parachuute settings, however you acknowledge that your use of Parachuute may be impacted as a result of you making such change.
9. No Warranties and Limitation of Liability
9.1. Parachuute is provided on an “as is” and ”as available” basis, and we disclaim any representations or warranties not expressly set out in these Terms. We make no warranty or guarantee regarding the reliability, quality or suitability of Parachuute and you acknowledge and agree that any risks associated with your use of Parachuute rests with you.
9.2. We do not perform any independent checks on Members and do not provide any warranties in relation to the suitability or reliability of any person you decide to add to your Trusted Network. You must make your own investigations as to the suitability of Parachuute for you and the reliability of other Members that you add to your Trusted Network.
9.3. Parachuute has been developed for the purpose of making the process of organising carpools amongst your Trusted Network easier, and we provide no warranties in relation to, and will not be liable for any loss or damage suffered as a result of, any use of Parachuute for any other purpose.
9.4. Parachuute allows you to request a Favour from people in your Trusted Network and is not a transport provider. Other than as expressly set out in these Terms, we shall not be liable for any loss or damage suffered by you due to any act or omission of any person in your Trusted Network performing or failing to perform that Favour.
9.5. Our liability to you in connection with your use of Parachuute is capped at an amount equal to value of any Parachuute Points purchased by you. Our liability is limited to direct loss, and we shall not be liable to you for any indirect or consequential loss, including loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of opportunity, loss of goodwill, loss of reputation, or loss of, damage to or corruption of data suffered or incurred by you in connection with your use of Parachuute.
9.6. Nothing in this clause 9 shall be read as limiting or excluding any liability, or restricting any right, that cannot be excluded or limited under any applicable law.