User Agreement & Terms of Service
Customer Service
support@cartr.com.au
Effective Date: August 2024
Welcome to CartR, a mobile application owned and operated by TDMN Pty Ltd (the “Company,” “we,” “us,” or “our”). By downloading, accessing, or using the CartR mobile application (“App”), you (“User,” “you,” or “your”) agree to be bound by the following Terms of Use (“Terms”). Please read these Terms carefully before using the App.
These Terms also include our Privacy Notice, which explains how we collect, use, and protect your personal information, including account verification via one-time passwords (OTPs).
1. Acceptance of Terms
By downloading and using the App, you agree to comply with and be legally bound by these Terms. If you do not agree with any of these Terms, you should not use the App.
2. Eligibility
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are of legal age to form a binding contract and that you meet all the eligibility requirements.
3. Account Registration
3.1. To use the App, you must create an account. You can create an account using your mobile, or by signing in through a third-party service such as Google, Apple, or any other third party as approved by the company.
3.2. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete.
3.3. You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorised such activities or actions.
4. Rental of Carts
4.1. The App allows you to rent carts (“Carts”) on a pay-per-use basis. All current rental rates and applicable charges are displayed within the App at the time of unlocking, and final charges are calculated based on actual usage in accordance with Section 6.
4.2. To rent a Cart, you must scan the QR code on the Cart using the App. Once the QR code is scanned, wait a moment and the Cart will unlock, and the rental period will begin.
4.3. Payment for the rental will be processed via Stripe, Apple Pay, Google Pay, or other accepted payment methods.
5. Rental Period and Return
5.1. The rental period begins when the Cart is unlocked and ends when the Cart is returned and locked.
5.2. You may receive notifications during the rental period.
5.3. If you continue to use the Cart beyond the initial rental period, additional usage-based charges will accrue in accordance with the applicable pricing rules.
5.4 Carts are provided for use only within the designated premises or approved service area.
The unauthorised, unlawful, or improper removal of a Cart from the designated premises or service area constitutes a material breach of these Terms.
Where a Cart is unlawfully removed, the Company may, without limitation:
• suspend or terminate your account;
• report the matter to law enforcement authorities, including making a police report;
• disclose relevant user information to law enforcement and other authorities where reasonably required for investigation, recovery, or enforcement purposes, in accordance with applicable privacy laws;
• recover reasonable costs associated with locating, recovering, repairing, or replacing the Cart; and/or
• take legal action to recover losses or damages incurred as a result of the unauthorised removal.
The Company may use location data, audit logs, and other technical measures to detect, investigate, and evidence unauthorised removal of Carts.
6. Payment and Billing
6.1 Authorisation to Charge
You authorise the Company to charge your nominated payment method for all fees and charges incurred in connection with your use of the App and any Cart rentals.
6.2 Finality of Payments
All payments made through the App are final and non-refundable, unless otherwise required by law or expressly determined by the Company at its sole discretion.
6.3 Offline / Delayed Capture & Final Charges
You acknowledge and agree that any amount displayed or authorised at the time of unlocking a Cart is an initial estimate only.
The final rental charge is calculated based on the actual duration of use, measured from the time the Cart is unlocked until it is correctly returned and locked, and in accordance with the applicable pricing rules displayed in the App at the time the rental commenced.
You expressly authorise the Company to capture additional amounts after the rental period has ended, including (without limitation) where:
- (i) network connectivity was unavailable at the time of return;
- (ii) offline or delayed system reconciliation is required; or
- (iii) actual usage exceeds the initial estimated amount.
This authorisation applies even where the final charge exceeds the amount initially displayed or authorised.
Nothing in this section limits any rights you may have under applicable consumer protection laws, including the Australian Consumer Law.
7. User Responsibilities
7.1. You agree to use the Cart in a safe and lawful manner, following all applicable laws and regulations.
7.2. You are responsible for the Cart while it is in your possession and agree to return and lock it in the same condition as when it was rented.
7.3. You agree not to tamper with, damage, or attempt to unlock or access any Cart without using the App.
8. Prohibited Activities
You agree not to:
8.1. Use the App for any unlawful purpose or in violation of any applicable laws.
8.2. Use the App in a manner that could interfere with, disrupt, or negatively affect the App or the servers or networks connected to the App.
8.3. Attempt to gain unauthorised access to any portion of the App or any other accounts, systems, or networks connected to the App.
9. Privacy Policy
9.1. Your use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the App, you consent to the practices described in our Privacy Policy.
9.2. Account Verification (One-Time Passwords).
When you create or sign in to your account, we send a one-time password (OTP) to your registered mobile number or email address. We process this information solely to verify your identity and secure access to your account. Our lawful basis for this processing is performance of a contract under Article 6(1)(b) of the General Data Protection Regulation (GDPR) and the UK GDPR, as the verification step is necessary to provide our services to you.
Your phone number or email address is shared with our secure messaging provider, ClickSend, which acts as our data processor and transmits OTP messages on our behalf. ClickSend processes this data in compliance with the EU Standard Contractual Clauses and the UK International Data Transfer Addendum to ensure adequate protection of your personal data when processed outside the EU or UK.
Verification codes are temporary and automatically deleted within minutes of use. We retain minimal delivery logs (for example, timestamps and status) for a short period for system-security and audit purposes, after which they are permanently deleted. We do not use OTP messages for marketing or share your contact details for any unrelated purpose.
9.3. For further details on how we manage personal data, including data-subject rights and international transfers, please refer to our Privacy Policy available within the App and on our website.
10. Termination
10.1. The Company may, at its sole discretion, suspend or terminate your account or access to the App at any time for any reason, including but not limited to a breach of these Terms.
10.2. Upon termination, you must cease all use of the App, return and lock any Carts in your possession.
11. Disclaimers
11.1. The App and Carts are provided “as is” and “as available” without warranties of any kind, either express or implied.
11.2. The Company does not warrant that the App will be uninterrupted, error-free, or secure.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App or the Carts.
12.2. To the maximum extent permitted by law, the Company’s total aggregate liability to you for all claims arising out of or relating to your use of the App or the Carts, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total amount paid by you to the Company for the relevant Cart rental giving rise to the claim.
Nothing in these Terms excludes, restricts, or modifies any non-excludable consumer guarantees or rights you may have under the Australian Consumer Law or other applicable legislation.
13. Indemnification
You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the App or Carts.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New South Wales Australia without regard to its conflict of laws principles.
15. Dispute Resolution
15.1. Any disputes arising out of or relating to these Terms or the use of the App shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
16. Changes to Terms
The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the App. Your continued use of the App after the posting of the changes constitutes your acceptance of the revised Terms.
17. Contact Information
If you have any questions or concerns about these Terms, please contact us using the Contact form here or on the app.
By using the CartR app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
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