Due to the pandemic and school closures, our operations in Victoria and New South Wales are temporarily paused. We’ll keep you updated as we work to resume services. Thank you for your patience and understanding.
These Terms of Service (“Terms”) apply to your access to and use of the websites (the “Sites”) and mobile application (the “Happy App”) (together the “Happy Technology”) provided by BXB Sport Pty Ltd trading as Happy Services (“Happy” or “we”) and the other online products and services provided by Happy in connection therewith (collectively with the Happy Technology the “Service”). Important: please review the arbitration agreement set forth in Section 17 below carefully, as it will require you to resolve disputes with Happy on an individual basis through final and binding arbitration. BY ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE. If you have any questions about these Terms or our Service, please contact us at support@happyridecare.com.
The Service is an application based software service that enables users (“Users”) to arrange and schedule rides for children above the age of five years old and below the age of eighteen years old (the “Passenger”) with a third-party service provider (“Happy Service Providers”). Additionally, the Happy App provides Users the option to arrange to extend the service from Happy to include childcare services. To use the Service, you must download the Happy App and set up your user profile. To create a user profile, you must enter valid credit card details and set up a Passenger profile. The membership profile requires you to provide certain personally identifiable information and will contain other information about you and others who use the Service via your account. Please see our Privacy Policy for information on how Happy collects, uses and discloses information from its users. YOU ACKNOWLEDGE THAT THE SERVICE IS MERELY A TECHNOLOGY PLATFORM; THAT Happy DOES NOT PROVIDE YOU WITH ANY TRANSPORTATION OR CAREGIVING SERVICES, AND THAT YOUR ABILITY TO OBTAIN TRANSPORTATION OR CHILDCARE SERVICES THROUGH THE SERVICE DOES NOT ESTABLISH Happy AS A TRANSPORTATION CARRIER OR AS A PROVIDER OF TRANSPORTATION OR CHILDCARE SERVICES. Happy Service Providers are not employees of Happy but rather provide the transportation or care giving services (the “Happy Services”) directly to you. Although Happy conducts certain screening of Happy Service Providers as described at www.happyridecare.com/safety (the “Happy Screening”), any agreement regarding the Happy Services is strictly between you and the Happy Service Provider, and Happy is not responsible or liable for the Happy Services or for the conduct, acts or omissions of any Happy Service Provider. Unless otherwise agreed by Happy in a separate written agreement with you, the Service is made available solely for your personal, non-commercial use, and you are authorised to access and use the Service (including the Happy Technology) solely for your personal use in connection with obtaining Happy Services. Happy and the Happy Service Providers reserve the right to refuse services to any Passenger or Passenger's legal guardian, at their discretion for cause. Happy also facilitates payment between Users and the Happy Services Providers who provides the Happy Services in accordance with Section 4.2 below.
You must be at least 18 years of age to create an account with Happy. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use Happy Services under the account and supervision of your legal guardian who has agreed to be bound by these Terms. If you are a legal guardian of a child under the age of 18 (or the age of legal majority) who will be using the Service or the Happy Services, you agree to be fully responsible for the acts or omissions of such Passenger in connection therewith and for the acts of anyone you authorise to arrange Happy Services through our Service or of any Passenger for whom you book any Happy Services. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorised to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be bound by these Terms and be responsible to us if you or the other person or entity violates these Terms. You represent and warrant to Happy that you will only book Happy Services for Passengers for whom you are the legal guardian, or from whom you have been specifically authorised to do so by the legal guardian of the Passenger and who have agreed to the these Terms.
Users need to register for an account to access our Service. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify Happy if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
You agree to pay, and you hereby authorise Happy’s third-party payment processor to charge, via one or more credit cards or PayPal or other third-party payment processing accounts on file in your account (each a “Payment Method”) for all applicable fees and taxes that may accrue in relation to your use of the Service. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours. If you have more than one Payment Method on file, you will designate one Payment Method as your primary Payment Method. You are responsible for providing complete and accurate Payment Method and contact information to us. If your primary Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that Happy may use any other Payment Method in your account, if available. If you do not have a valid Payment Method listed in your account, you agree to promptly provide Happy with a valid Payment Method immediately upon request. Any amounts that Happy is unable to charge to a valid Payment Method will be classified as late payments and will bear interest at the maximum allowable rate until paid. Happy may suspend or terminate your access to the Service if a payment is 30 days past due. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Service, are stated in Australian Dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on Happy’s income or the income of the Happy Service Providers. Happy has no obligation to provide refunds or credits relating to any Happy Services, but may do so at Happy’s sole discretion.
You will be charged a fee by your Happy Services Provider for any and all rides and other services completed by your Happy Service Provider (“Happy Services Fees”). Happy Services Fees vary based on the particular Happy Services in question and may include tolls, surcharges and other fees (e.g.,babysitting fees, fees for changes to rides after the cutoff time, booking rides after the cutoff time through Happy concierge assistance, and split payment fees where applicable), as described in the confirmation email you will receive upon booking a ride or other Services. When scheduling Happy Services through the Happy App, you will be quoted an estimate of the applicable Happy Services Fees before you confirm your reservation. Your actual Happy Services Fees charged by your Happy Service Provider for any given Happy Services may vary from these estimates based on (a) the amount of time it takes to perform your Happy Services (e.g., including the Happy Service Provider’s waiting time if you, other passengers or your account passengers, as applicable, delay your pick-up or departure time, or due to traffic delays, or due to extenuating circumstances requiring the provision of additional childcare services), (b) the distance travelled during your Happy Services (e.g., if a detour is required to avoid adverse road conditions), and (c) the amount of any tolls, surcharges, and other fees which you are responsible for paying. Your Happy Services Fees may also vary if you change your pick-up time after confirming your Happy Services reservation, or if your Happy Service Provider is late for your scheduled pick-up time. Service Fees may also include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or other fees for split payments. You understand that use of the Service to arrange for Happy Services may result in charges to you for the Happy Services you receive from a Happy Service Provider. After you have received Happy Services obtained through your use of the Service, Happy will facilitate your payment of the applicable fees on behalf of the Happy Service Provider. Payment of the fees in such manner will be considered the same as payment made directly by you to the Happy Service Provider. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable. All Happy Services Fees are due immediately and payment will be facilitated by Happy using the Payment Method designated in your account, after which Happy will send you a receipt by email. As between you and Happy, Happy reserves the right to establish, remove and revise fees for the Service or for any or all services obtained through the use of the Service, including on behalf of Happy Service Providers with respect to the Happy Services Fees, at any time in Happy’s sole discretion. Further, you acknowledge and agree that fees applicable in certain geographical areas may increase substantially during times of high demand. You will be able to view any applicable high-demand fees prior to booking a ride. Happy may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Service or the fees applied to you. You may elect to cancel your request for Happy Services from a Happy Service Provider at any time prior to such Happy Service Provider’s arrival, in which case you may be charged a cancellation fee as described in the confirmation email you will receive upon booking a ride or childcare service. The Happy Services Fees are intended to fully compensate the Happy Service Provider for the Happy Services provided. Happy does not designate any portion of your payment as a tip or gratuity to the Happy Service Provider. Any representation by Happy (on Happy’s website, in the Happy App, or in Happy’s marketing materials) to the effect that tipping is “voluntary”“not required,”and/or “included” in the payments you make for services or goods provided is not intended to suggest that Happy provides any additional amounts, beyond those described above, to the Happy Service Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Happy Service Provider who provides you with Happy Services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received the Happy Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Happy Service Provider.
Happy may allow the purchase of service credits that can be applied towards future Happy Services (“Service Credits”), and may offer the purchase of Service Credits at a discount. In addition, Service Credits may be made available to you to use to book Happy Services through an employer or other third party, of which Service Credits may be accessed through a code provided by such third party (a “Credit Code”). A portion of such credits, corresponding to the applicable Happy Services Fees, will be deducted from your account upon booking Happy Services. Additional terms for using such Service Credits may be made available at the time of purchase or when such Credit Code is provided to you, and such terms will become a part of these Terms.
You may elect for a Passenger under your account to share a ride with Passengers of other Users who have an account with Happy (a “Carpool”). Each Passenger’s legal guardian or legal guardian must have an active account with Happy and must authorise the party arranging the Carpool to book a ride on their behalf. Carpools may also be booked by an enterprise, such as a school, that each legal guardian of a Passenger in the Carpool has authority to book rides on their behalf. Happy will decide the best route and pickup/drop off sequence for the Carpool. Happy will show the minimum to maximum approximate pricing range based on the number of Passengers invited to join the Carpool. The final price per Passenger will be based on the actual Passengers participating in the ride.
The Service involves receiving alerts, acknowledgements, updates, offers, messages, and other information via your mobile device and/or email. Therefore, when you use the Service, you expressly agree that Happy and Happy Service Providers may contact you via text message, phone or email using the information you provide in your user account or otherwise provide to us. Your carrier’s standard messaging, data and other rates and fees apply. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may opt out of receiving texts by texting STOP to cancel and you may text HELP for customer support information. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
As part of our Service you may have the opportunity to post or upload photos, reviews and other content from time to time (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Happy. You grant Happy a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to reproduce, distribute, adapt, publish, translate, create derivative works from, publicly perform, publicly display and otherwise use your User Content, and any name, username or likeness provided in connection with your User Content, in any media or media in connection with the Service without compensation to you. If you post or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, you understand that such User Content and any associated information (such as your username or profile photo for such third-party social media sites) may be visible to the public. You are solely responsible for all User Content you post. You may not upload, post, store, share or otherwise use any User Content that violates these Terms, that infringes or violates the rights of any third party, or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
You agree not to violate or infringe upon any applicable law, contract, intellectual property or other third-party right or commit a tort in connection with your use of the Service or the Happy Services, and you are solely responsible for your conduct while accessing or using our Service or the Happy Services. Without limiting the foregoing, you will not: Engage in any harassing, threatening, intimidating, predatory, violent or stalking conduct; Use or attempt to use another User’s account without authorisation from that user and Happy or arrange or attempt to arrange rides or childcare for any Passenger for whom you are not authorised to do so; Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner; Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorised to access; Develop or use any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service; or Use any data mining, robots or similar data gathering or extraction methods; or Use our Service or the Happy Services for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms. You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that: Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, false, misleading, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; Impersonates, or misrepresents your affiliation with, any person or entity; Contains any unsolicited promotions, political campaigning, advertising or solicitations; Contains any private or personal information of a third party without such third party’s consent including, without limitation, addresses, phone numbers, and email addresses; Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose Happy, Happy Service Providers or others to any harm or liability of any type. In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Happy Content”) are owned by or licensed to Happy and are protected under both Australian and foreign laws. Except as explicitly stated in these Terms, Happy and our licensors reserve all rights in and to our Service and the Happy Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Service and Happy Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Service or Happy Content; (b) copy, reproduce, distribute, publicly perform or publicly display Happy Content, except as expressly permitted by us or our licensors; (c) modify the Happy Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Service or Happy Content; and (d) use our Service or Happy Content other than for their intended purposes. Any use of our Service or Happy Content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Happy or our products or Service (collectively, “Feedback”), is non-confidential and will become the sole property of Happy. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In accordance with the Copyright Act 1968 of Australia and all its amendments (“CA”), and the Commonwealth Designs Act 1906 of Australia and all its amendments ("DA") and other applicable law, Happy has adopted a policy of terminating, in appropriate circumstances and at Happy's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Happy may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on our Service infringes any copyright that you own or control, you may notify us here.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Happy and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Happy Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable legal fees) and costs (“Claims”) arising out of or in relation to (a) your access to or use of our Service or the Happy Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with our Service or the Happy Services, including any bodily injury or property damage you cause. You agree to promptly notify Happy Parties of any third party Claims, cooperate with Happy Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees). You also agree that the Happy Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Happy or the other Happy Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Service or for the Happy Services or for the conduct of any Happy Service Provider.
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, HAPPY DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE HAPPY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE. FOR THE AVOIDANCE OF DOUBT, HAPPY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND HAPPY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE HAPPY SERVICE PROVIDER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A MEMBER THROUGH THE USE OF THE SERVICE. ANY DECISION BY A USER,MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER TO ACCEPT TRANSPORTATION FROM A HAPPY SERVICE PROVIDER IS A DECISION MADE BY SUCH USER, MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER AND IS MADE AT THEIR SOLE DISCRETION. HAPPY OFFERS INFORMATION AND TECHNOLOGY TO CONNECT Happy Service Providers AND Users WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR CHILDCARE SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER OR CHILDCARE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES, CHILDCARE SERVICES, OR OTHER SERVICES PROVIDED TO ANY USER,MEMBER,OTHER PASSENGER OR ACCOUNT PASSENGER BY ANY HAPPY SERVICE PROVIDER USING THE SERVICE.
ALTHOUGH HAPPY CONDUCTS CERTAIN HAPPY SCREENINGS AS DESCRIBED AT www.happyridecare.com/safety, AND ALTHOUGH ONLY HAPPY SERVICE PROVIDERS WHO SUCCESSFULLY COMPLETE THE HAPPY SCREENING PROCESS, AS DETERMINED AT HAPPY’S DISCRETION, ARE PERMITTED TO USE THE SERVICE TO PROVIDE HAPPY SERVICES, NO SCREENING PROCESS IS PERFECT. AS A RESULT, HAPPY CANNOT AND DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE ACCURACY OR EFFICACY OF THE HAPPY SCREENING PROCESS OR THE SUITABILITY, SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF ANY HAPPY SERVICE PROVIDER, THE Happy SERVICES PROVIDED BY ANY HAPPY SERVICE PROVIDER, OR THE CONDITION OF THE VEHICLES IN WHICH ANY HAPPY SERVICES ARE PERFORMED.
IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A HAPPY SERVICE PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. HAPPY WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A HAPPY SERVICE PROVIDER. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU OR THE PASSENGER MAY BE EXPOSED TO SITUATIONS INVOLVING A HAPPY SERVICE PROVIDER THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF HAPPY ARRANGED OR SCHEDULED USING THE SERVICE IS AT YOUR OWN RISK AND JUDGMENT. HAPPY WILL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH HAPPY OR IN CONNECTION WITH ANY FAILURE OR ERROR WITH RESPECT TO ANY HAPPY SCREENINGS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) HAPPY AND THE OTHER HAPPY PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF Happy OR THE OTHER HAPPY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF HAPPY AND THE OTHER Happy PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE OR THE Happy SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICE. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Happy or the other Happy Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Happy and the other Happy Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties including Happy Service Providers.
By accessing or using our Service, you consent to the processing, transfer and storage of information about you and any persons for whom you are a legal guardian to be held and used by people within Australia and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Happy and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Happy seek to bring an individual action in small claims court located in the country or state of your billing address or disputes in which you or Happy seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Happy waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential arbitration in accordance with, and subject to, the UNCITRAL Arbitration Rules. The designating and appointing authority shall be Resolution Institute. There shall be one arbitrator, the language of the arbitration shall be English, the place of the arbitration shall be Melbourne, Victoria, Australia. You acknowledge and agree that you have read and understand the rules of UNCITRAL or waive your opportunity to read the rules of UNCITRAL and any claim that the rules of UNCITRAL are unfair or should not apply for any reason.
You and Happy agree that any dispute arising out of or related to these Terms or our Service is personal to you and Happy and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. As limited by the UNCITRAL Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You agree that for any arbitration you initiate, you will pay the filing fee the remaining Happy fees and costs. For any arbitration initiated by Happy, Happy will pay all UNCITRAL fees and costs. You and Happy agree that the state or federal courts of Australia sitting in Melbourne, Victoria have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND HAPPY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing Happy at support@happyridecare.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of the State of Victoria, Australia without regard to conflict of law rules or principles (whether of Victoria, Australia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Melbourne, Victoria or Australia, respectively, sitting in Victoria, Australia.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
By creating a Happy account, you also consent to receive electronic communications from Happy (e.g. via email or by posting notices on our Service). These communications may include notices about your account (e.g. payment authorisations, password changes and other transnational information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Service. We also reserve the right to modify, suspend or discontinue the Service or any features or functionality thereof at any time without notice and without obligation or liability to you. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you install, access or use the Service on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”). Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and Happy, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules. Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. Maintenance and Support. You and Happy acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Happy. However, you understand and agree that in accordance with these Terms, Happy has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App. Product Claims. You and Happy acknowledge that as between Apple and Happy, Happy, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Happy, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms. Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to: support@happyridecare.com Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service. Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
These Terms (together with any written agreement executed by you and Happy with respect to the Services) constitute the entire agreement between you and Happy relating to your access to and use of our Service. The failure of Happy to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Welcome to Happy and Happy Hero!
Happy and its affiliates (collectively “Happy”, "Happy Hero" “we” and “us”) respect your privacy. We offer services that enable platforms and merchants to run businesses, and to safely conduct online payment transactions. This Global Privacy Policy describes the types of Personal Data we collect through our payments products and services (“Services”) and via our online presence, which include our main website at www.happyridecare.com and our mobile applications.
a. Personal Data that we collect about you. Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites will be apparent from the context in which you provide the data. In particular:
When you register for a Happy account we collect your full name, email address, and account log-in credentials. When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your particular request.
When you respond to Happy emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you Contact us via support@happyridecare.com or by phone, we will collect the phone number you use to call Happy. If you contact us via support@happyridecare.com or by phone as a Happy User, we may collect additional information in order to verify your identity.
If you are a Happy User, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you (such as your tax file number, ABN, date of birth, vehicle registration number, or driver's license number).
If you are a Customer, when you make payments or conduct transactions through a Happy User’s website or application, we will receive your transaction information. Depending on how the Happy User implements our Services, we may receive this information directly from you, or from the Happy User or third parties. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. The Happy User will determine the payment methods that it enables you to use, and the payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by the Happy User. When we conduct fraud monitoring, prevention and detection activities, we may also receive Personal Data about you from our business partners, financial service providers, identity verification services, and publicly available sources (e.g. name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may use technology that helps us assess the risk associated with an attempted transaction that is enabled on the Happy User’s website or the application that collects information. You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events.
b. Information that we collect automatically on our Sites.
Our Sites use cookies and other technologies to function effectively. These technologies record information about your use of our Sites, including: Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting; Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites. We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics on our Sites to help us analyse Your use of our Sites and diagnose technical issues. To learn more about the cookies that may be served through our Sites and how You can control our use of cookies and third-party analytics, please see our Cookie Policy.
3. How We Use Personal Data a. Our products and services. We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our Users. b. Marketing and events-related communications. We may send you email marketing communications about Happy products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. When we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you on our marketing information campaigns.
c. Interest-based advertising. When you visit our Sites or online services, both we and certain third parties collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests (this type of advertising is called “interest-based advertising”). These third parties may place or recognise a unique cookie or other technology on your browser (including the use of pixel tags). Where required by applicable law, we will obtain your consent prior to processing of your information for the purpose of interest-based advertising. You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users based on a range of factors, including demographic data, users’ inferred interests and browsing context (for example, the time and date of your visit to our Sites, the pages that you viewed, and the links that you clicked on). This technology also helps us track the effectiveness of our marketing efforts and understand if you have seen one of our advertisements. We work with Google AdWords, Doubleclick, AdRoll and other advertising networks.
4. How We Disclose Personal Data. Happy does not sell or rent personal data to marketers or third parties.
5. Your Rights and Choices. You have choices regarding our use and disclosure of your Personal Data: a. Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services. b. How you can see or change your account Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, You may do so by signing in to your Happy account or by contacting us. c. Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you: The right to request confirmation of whether Happy processes Personal Data relating to you, and if so, to request a copy of that Personal Data; The right to request that Happy rectifies or updates your Personal Data that is inaccurate, incomplete or outdated; The right to request that Happy erase your Personal Data in certain circumstances provided by law; The right to request that Happy restrict the use of your Personal Data in certain circumstances, such as while Happy considers another request that you have submitted (including a request that Happy make an update to your Personal Data); and The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you. Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation. d. Process for exercising data protection rights. In order to exercise your data protection rights, you may contact Happy as described in our contact page via support@happyridecare.com section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
6. Security and Retention. We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organisational, technical and administrative measures designed to protect Personal Data within our organisation against unauthorised access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us via support@happyridecare.com immediately. If you are a Happy User, we retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services to you, even if you close your Happy account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. The Services are not directed to individuals under the age of eighteen (18), and we request that they not provide Personal Data through the Services.
7. Updates To this Privacy Policy and Notifications. We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Data practices or relevant laws. The “Last updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Services. We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Data collected by posting them on our website and, if you are a User, by contacting you through your Happy Dashboard, email address and/or the physical address listed in your Happy account.
8. Links To Other Websites. The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.
9. Contact us
If you have any questions or concerns about this Privacy Policy, please contact us via support@happyridecare.com electronically.
