TERMS OF SERVICE

Last updated: 17 February 2026

These Terms of Service ("Terms") govern your access to and use of the Okly application, website and related services ("Services") provided by Okly Pty Ltd (ACN 641 341 460) ("Okly", "we", "us", "our"). In these Terms, "you" and "your" refer to the person using the Services as a Rider.

By creating an account or using the Services, you agree to these Terms and the Okly Privacy Policy.

If you do not agree with these Terms, you should not access or use the Services.

If you have questions about these Terms, contact us at support@okly.com.au or visit the Okly Help Center.

Scope and Supplemental Terms

These Terms apply to your access to and use of the Services. Additional terms, policies, standards or guidelines may apply to specific features, promotions, Trip types, or safety processes ("Supplemental Terms"). Supplemental Terms form part of these Terms for the relevant Services and prevail to the extent of any inconsistency.

1. Definitions

Rider: The person booking or taking a Trip.

Driver: An independent third-party provider using the Platform.

Trip: A ride arranged via the Platform.

Fare: Amounts payable for a Trip as displayed in-app (subject to adjustments in these Terms and applicable policies).

2. Okly's Role (Technology Platform)

Okly provides a technology platform that enables Riders and Drivers to connect for Trips. Okly does not provide transportation services and does not employ Drivers. Drivers are responsible for the transport services they provide.

No partnership or agency: Nothing in these Terms creates a joint venture, partnership, employment, agency or fiduciary relationship between you and Okly.

Driver Services

Drivers provide transportation services to Riders. When a Driver accepts your Trip request, the transportation service is provided by the Driver to you. Okly facilitates the arrangement and provides the Platform features (including payments and support tools) but is not a party to the transportation service between you and the Driver, except to the extent required by law.

3. Eligibility, Account and Security

You must be legally able to enter into a contract and use the Services. You agree to provide accurate information, keep it updated, and keep your login details secure. You are responsible for activity on your account unless it resulted from unauthorised access not caused by your fault.

Minors and Age Verification

You must be at least 18 years old (or otherwise legally able to enter into these Terms) to create an Okly Rider account, unless Okly expressly permits otherwise in writing.

Okly is not intended for transporting unaccompanied minors and you must not request Trips for unaccompanied minors.

Okly may request age/identity verification at any time, and may restrict or terminate access if verification is not provided or if Okly reasonably suspects underage use.

Account Requirements

  • You must comply with all applicable laws when using the Services and use the Services for lawful purposes only
  • You may not transfer your account to another person and, unless Okly agrees otherwise, you may only have one Rider account
  • The Services are made available for your personal, non-commercial use, unless Okly agrees otherwise in writing

4. Booking and Trip Requests

When you request a Trip, you may be shown available Drivers. A Trip arrangement is formed when a Driver accepts your request and the Platform confirms the booking.

5. Availability

The Services may not be available in all locations or at all times. Okly does not guarantee that you will be able to request or receive Trips, or that Drivers will be available in any area or time.

Service Limitations and Estimates

Okly does not guarantee that a Driver will accept a Trip, that a Driver will arrive, or that a Trip will be completed.

Any estimated arrival times, pickup times, trip durations, distances, pricing estimates, or route guidance shown in the Platform are estimates only and may be inaccurate due to:

  • Traffic
  • Roadworks
  • GPS/network conditions
  • Device settings
  • Other factors

Mapping, routing and navigation may be provided by third-party services and may be inaccurate or unavailable.

6. Pricing, Service Fee, Taxes and Payment

Okly shows the Trip price and any applicable charges before you confirm (where available).

Okly charges a Service Fee that is added to the total shown to you. The Service Fee is not deducted from the amount shown to the Driver for that Trip. The current Service Fee rate is disclosed in the app. Okly may change the Service Fee rate from time to time by providing notice in the app.

Amounts shown may include GST or other taxes where required by law.

Payments are processed through the Platform using third-party payment providers.

Payment Authorisation; Holds; Split and Reattempted Charges

You authorise Okly (and its payment providers) to charge your selected payment method for:

  • Trip charges
  • Service Fees
  • Cancellation/no-show fees
  • Verified cleaning or damage fees
  • Any other fees you incur under these Terms

Okly may place a temporary pre-authorisation hold to validate your payment method or cover estimated charges. Okly may process charges in multiple transactions (for example, the Trip charge and later adjustments) and may reattempt failed charges. Any hold or pending transaction is set by your financial institution and may remain pending for a period of time.

Final Charges and Adjustments

The Fare for a Trip is estimated at the time of booking and fixed once a Driver accepts the Trip. The final amount charged may differ from the estimate due to factors such as:

  • Tolls and airport fees
  • Stop additions
  • Corrections for error
  • Promotions (including reversal for misuse)
  • Refunds
  • Chargebacks
  • Dispute outcomes

Where practicable, Okly will provide a brief explanation for material adjustments.

Charges, rates and fees displayed in-app may change from time to time, but changes will not apply to a transaction already in progress.

7. Cancellations and No-Shows

Cancellation and no-show fees may apply as set out in the Okly Cancellation and No-Show Policy and as disclosed in-app at the time.

8. Cleaning and Damage Fees

You are responsible for reasonable repair or cleaning costs for damage to, or cleaning of, a vehicle beyond normal wear and tear caused by you or your guests.

Okly may facilitate payment of verified amounts on behalf of the Driver using your payment method. Okly will provide a brief explanation and, where available, supporting evidence. You may dispute the charge within a reasonable timeframe via the Help Center.

9. Platform Guidelines (Mandatory)

You must comply with the Okly Platform Guidelines. The Platform Guidelines are incorporated into these Terms.

Okly is not intended for transporting unaccompanied minors. You must not request Trips for unaccompanied minors.

Prohibited Items and Unlawful Activity

You must not use the Services to request or facilitate unlawful activity or to transport prohibited items, including:

  • Illegal drugs
  • Explosives
  • Weapons (except where lawful and safely secured)
  • Hazardous chemicals
  • Biohazards
  • Stolen goods

Drivers may refuse or end a Trip if they reasonably believe a Trip involves prohibited items or unlawful activity. Okly may report matters to law enforcement where required or reasonably necessary for safety or legal compliance.

10. Promotions, Discounts and Vouchers

Okly may offer promotions or discounts subject to additional terms shown in-app. Promotions are not redeemable for cash, may expire, and may be cancelled or reversed where Okly reasonably suspects fraud, misuse, or error.

11. Ratings, Reviews and User Content

You may submit ratings and reviews. Okly may remove or restrict content that is unlawful, abusive, discriminatory, threatening, includes personal data, or is misleading.

12. Complaints, Disputes, Refunds and Chargebacks

Okly operates a complaints process via the Okly Help Center and will run that process reasonably.

If you dispute a charge, you should first contact Okly through the Help Center before initiating a chargeback with your financial institution. Okly will investigate disputes raised through the Help Center and respond within a reasonable timeframe.

Nothing in these Terms limits your rights under the Australian Consumer Law.

Chargebacks and Recovery

If you initiate a chargeback, Okly may temporarily limit account features while investigating and may request information to assess the claim.

If you initiate a chargeback or payment reversal, you agree to cooperate with Okly's reasonable requests for information. Where a chargeback is decided in Okly's favour or is withdrawn, you authorise Okly to re-charge your payment method or recover the amount from future credits or refunds (where permitted by law). Okly may restrict account features during investigation to manage risk and prevent misuse.

Nothing in these Terms prevents you from making a complaint to relevant regulators.

Investigations and Evidence

Okly may investigate safety incidents, complaints, suspected fraud, chargebacks, or policy breaches. You agree to provide reasonable cooperation and information requested by Okly (for example, explanations, screenshots, photos, or recordings you lawfully control), subject to your legal rights. Okly may take interim measures during an investigation (including temporary feature restrictions) to protect safety, security, and Platform integrity.

13. Privacy and Location

Okly collects and uses personal information as described in the Okly Privacy Policy, including location data where needed for trip functions, safety features, fraud prevention, and support/dispute handling.

Cameras and Recording

Drivers may use dashcams or other recording devices for safety, security, and evidence purposes, subject to applicable laws. Where required by law, recording may only occur with appropriate notice and/or consent. Okly may enable in-app features to notify you when recording is in use where practicable.

You agree not to interfere with lawful recording devices. You must not use recordings to harass, threaten, dox, or unlawfully publish personal information.

Objection to Recording

Where the Platform notifies you that recording is in use before a Trip starts, you may cancel the Trip if you do not wish to be recorded. In that case, Okly will waive any cancellation fee that would otherwise apply, unless Okly reasonably suspects misuse or fraud.

Automated Decision-Making

Okly may use automated systems to assist with pricing, fraud detection, safety assessments, and account management. These systems may make or support decisions that affect your access to or use of the Services.

If an automated decision materially affects you, you may request a review by contacting the Okly Help Center. Okly will consider such requests reasonably and may involve human review where appropriate.

14. Communications (Service and Marketing)

Transactional Communications

Okly may send transactional communications (such as receipts, security alerts, support messages and trip updates) which you cannot opt out of while using the Services.

Marketing Messages

Marketing messages (if any) will:

  • Clearly identify Okly as the sender
  • Include a functional unsubscribe option
  • Honour unsubscribe requests within 5 business days
  • Maintain functional unsubscribe mechanisms for at least 30 days after the message is sent, as required by law

15. Insurance (General)

Drivers are independent third-party providers and are responsible for their own insurance. Okly does not provide insurance for Trips, except to the extent Okly may maintain its own insurance for its business operations.

Safety, Accidents and Incident Reporting

If there is an emergency or immediate safety risk, call 000 first.

You must report serious safety incidents connected to a Trip as soon as practicable through the Okly Help Center.

Okly may share relevant information (including your contact details and trip information) with Drivers, insurers/claims processors, emergency services, and law enforcement where reasonably necessary to respond to an incident, manage safety risks, handle complaints/disputes, or where required by law, consistent with the Okly Privacy Policy.

Note: Drivers are responsible for the transport service they provide. Okly does not accept responsibility for the acts or omissions of Drivers, except to the extent required by law.

Ending a Trip for Safety

A Driver may refuse to start, or may end, a Trip if the Driver reasonably believes it is necessary for safety, legal compliance, or to prevent harm (including due to Rider behaviour, intoxication, threats, harassment, or prohibited items).

If a Trip ends early for these reasons, you remain responsible for charges for the portion of the Trip completed and any applicable fees permitted under these Terms and policies.

16. Third-Party Services and Content

The Services may link to or integrate third-party services (including websites, mapping, payment, identity verification, or communications tools) that Okly does not control.

Third-party terms and privacy policies may apply. Okly is not responsible for third-party services except to the extent required by law.

17. Network Access and Devices

You are responsible for obtaining and maintaining compatible devices and data/network access needed to use the Services.

Your mobile carrier's rates and fees may apply. The Services may be subject to interruptions, delays, or errors inherent in internet and electronic communications.

18. Suspension or Termination

Okly may restrict, suspend, or terminate your access where it reasonably suspects:

  • Breach of these Terms or policies
  • Safety risks
  • Fraud or misuse
  • Where required for legal/regulatory compliance

Review Process

Okly will act reasonably and proportionately when restricting access. Where practicable, Okly will provide reasons, except where doing so would compromise safety, security, or an investigation. You may request a review via the Okly Help Center.

You may stop using the Services at any time.

19. Intellectual Property, Licensing and Acceptable Use

The Platform, including all content, software, logos, designs, trademarks and other intellectual property, is owned by Okly and/or its licensors.

License Grant

Okly grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, lawful use as a Rider, in accordance with these Terms.

Restrictions

You must not:

  • Copy, modify, distribute, sell, lease, sublicence, or create derivative works of the Platform
  • Reverse engineer, decompile, disassemble, or attempt to extract source code, trade secrets or underlying ideas
  • Access or monitor the Platform using automated means (including scraping, bots, spiders) except where permitted by law
  • Interfere with security features, access controls or the operation of the Platform
  • Use the Platform to harm, harass, or violate the rights of others
  • Use Okly's trademarks without prior written permission

No Circumvention / Off-Platform Arrangements

You must not:

  • Request, encourage, or accept Trips outside the Platform with a Driver you met through Okly
  • Pay Drivers outside the Platform for Trips initiated through Okly
  • Encourage a Driver to cancel a Trip in-app and complete it off-platform

Okly may restrict, suspend, or terminate access for circumvention or attempted circumvention.

Feedback

If you submit feedback or suggestions, you grant Okly a perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, and incorporate them into the Services for the purpose of operating and improving the Services.

IP Infringement Notices

If you believe content on the Services infringes your copyright or other intellectual property rights, contact Okly via the contact details listed in the Services or on the Okly website with:

  • Sufficient details to identify the work
  • The allegedly infringing content
  • Your contact information

Okly may remove or disable access to content and may take other steps consistent with applicable law.

20. Disclaimers, Liability and ACL Limitations

Drivers are responsible for the transport services they provide. Okly does not guarantee the conduct, safety, quality or suitability of any Driver.

These Terms do not exclude or limit any rights that cannot be excluded under Australian Consumer Law. If the Australian Consumer Law applies to you as a consumer, nothing in these Terms restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law, and these Terms are subject to those provisions.

Liability Cap (To the Extent Permitted by Law)

To the extent permitted by law and subject to your non-excludable rights under the Australian Consumer Law, Okly's total aggregate liability to you arising out of or in connection with the Services is limited to the greater of: (a) the total Service Fees paid by you to Okly in the 3 months immediately before the event giving rise to the claim; or (b) AUD $100.

Unfair Contract Terms

Okly does not intend for any term of these Terms to be unfair within the meaning of the Australian Consumer Law. If a court or tribunal determines that a term is unfair, that term is void and the remaining Terms continue to apply.

Consumer Guarantees

Where the Services are supplied to you as a consumer within the meaning of the Australian Consumer Law, the Services come with guarantees that cannot be excluded. Nothing in these Terms purports to exclude, restrict or modify those guarantees.

21. Indemnity

You agree to indemnify Okly for losses arising from:

  • Your breach of these Terms;
  • Your unlawful conduct; or
  • Your violation of third-party rights,

except to the extent Okly caused or contributed to the loss.

22. Changes to These Terms

Okly may amend these Terms and related policies. For changes that are materially detrimental to your rights, Okly will provide reasonable advance notice (at least 30 days where practicable) via the app/website.

Changes to the Service Fee rate will be disclosed in the app before they take effect and will not apply to Trips already in progress.

If you do not agree to an update, you must stop using the Services.

23. Notices

Okly may give notices by in-app notice, push notification, email, SMS, or by posting within the Services.

Notices are taken to be received when sent or posted (as applicable), unless you can show you did not receive them due to a technical issue outside your reasonable control.

You are responsible for keeping your contact details up to date.

24. App Stores

If you downloaded the Okly app from Apple's App Store or Google Play, you acknowledge that these Terms are between you and Okly, not the app store provider.

To the extent required by the applicable app store rules, the app store provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Okly is responsible for the Services as described in these Terms.

25. Assignment

You may not assign these Terms without Okly's prior written consent.

Okly may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate restructure, or sale of assets, by giving you notice where required by law.

26. Severability

If any provision of these Terms is held unlawful or unenforceable, it will be severed to the extent necessary and the remaining provisions remain in force.

27. Entire Agreement

These Terms (including incorporated policies) are the entire agreement between you and Okly about the Services and supersede prior discussions or arrangements, subject to any rights that cannot be excluded under law.

28. Force Majeure

Okly is not liable for delay or failure to perform to the extent caused by events beyond Okly's reasonable control, including:

  • Network outages
  • Third-party service failures
  • Natural disasters
  • Government actions
  • Industrial action
  • Emergencies

29. Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts. Nothing in this clause limits your right to bring proceedings in any court of competent jurisdiction, including under the Australian Consumer Law.