RoadSOS Terms of Service
These terms apply to everyone who uses the RoadSOS app and website. Please read them carefully. By creating an account or using RoadSOS, you agree to them on behalf of yourself and, if you use RoadSOS for a business or fleet, on behalf of that business or fleet.
RoadSOS is operated by RoadSOS (ABN 75 829 960 274) ("RoadSOS", "we", "us"). Contact us at support@roadsos.com.au. Our Privacy Policy explains how we handle personal information and forms part of these terms.
The short version on money. A tyre or towing business sets its price and is paid all of it. RoadSOS adds a service fee, currently 10% of the business's price, on top. Fleets see and pay the price including the fee. For example, if a business quotes $1,100, the fleet pays $1,210, the business is paid $1,100, and RoadSOS keeps $110 (including $10 GST). The full detail is in section 6.
1. What RoadSOS is
RoadSOS is an online marketplace. It connects truck drivers and fleets who need roadside tyre help or a tow ("fleets") with independent tyre and towing businesses ("businesses") who can do the work.
- RoadSOS does not provide tyre, repair or towing services. Each job is a contract between the fleet and the business that does the work. The business is responsible for the work.
- Businesses are independent. They are not RoadSOS's employees, agents or contractors.
- We collect payment for jobs on the business's behalf, as explained below.
- RoadSOS is not an emergency service. If anyone is in danger, or a vehicle is blocking traffic in an unsafe place, call 000 first.
2. Who can use RoadSOS
- RoadSOS is for working drivers and businesses in Australia. You must be at least 18.
- Businesses must hold a valid ABN (or ACN) and meet the requirements in section 5.
- RoadSOS is provided for business use. If the Australian Consumer Law treats you as a consumer, you keep the rights it gives you (see section 12).
3. Accounts and teams
- Keep your login details secure and your account details accurate and up to date. You are responsible for what happens under your account. Tell us straight away if you think it has been misused.
- Fleet teams. A fleet owner can add managers and drivers. The fleet is responsible for every request, booking and approval made by its team members, and for paying for them.
- Driver booking limits. A fleet can set a limit for drivers. If a quote or extra work is over the limit, a driver can ask a manager, who decides whether to book or approve it. If a fleet sets no limit, its drivers can book any amount.
- Business teams. A business owner can turn on team mode and add managers and technicians. Technicians can quote and do jobs for the business. The business is responsible for its team, including every quote a team member sends.
- Joining a team requires accepting an invitation. Anyone except the owner can leave a team.
4. For fleets and drivers
Sending a request
- A fleet must save a payment card before it can send a request or book a quote.
- Give accurate details: the location, the vehicle, the tyre size and position, and photos where asked. Businesses rely on them to quote and bring the right equipment. A business is not responsible for problems caused by wrong information.
- Your request is sent to suitable businesses near the truck. The search starts at 50 km and can widen to 100 km and then 150 km while you wait for quotes.
- Quotes can be accepted for 10 minutes. You can extend that once, by another 10 minutes. After that the request expires and you can search again.
Booking and the job
- When you book a quote, you agree to pay its price (including the RoadSOS service fee) and a contract for the job is formed between your fleet and that business.
- Once a business is on site, it may propose extra work or a changed quote, with a reason and photo. Nothing extra is charged unless your fleet approves it in the app. A changed quote replaces the quoted work and can make the price go up or down.
- Stay safe and follow the business's instructions at the roadside.
5. For tyre and towing businesses
Joining and staying approved
- We check your ABN or ACN and the documents you upload, such as public liability insurance and licences, including tow licences where needed. We may approve, refuse or suspend a business at our discretion, for example if documents expire or are not valid.
- You must keep your insurance, licences and registrations current, and update them in the app. You can't quote while required documents have expired.
- To be paid, you must connect a Stripe Express account and keep it in good standing. Stripe's own terms, including the Stripe Connected Account Agreement, apply between you and Stripe.
Your quotes and prices
- Quotes are binding once a fleet accepts them. When you sign up, and again when you turn on team mode, you agree that quotes sent by you or your team are binding once accepted, and that your business is responsible for its team's pricing. We keep a record of that agreement.
- Your quote includes a call-out amount, which is your minimum charge if you attend. It also includes the work, and optionally a repair price. Include GST in your prices if your business is registered for GST.
- Give an honest arrival time. It affects what a fleet pays if it cancels (see section 8).
- You see your own price everywhere in the app and are paid all of it. The RoadSOS service fee is added to the fleet's price only and never reduces your payout.
Doing the work
- Do the work with due care and skill, to industry standards, and in line with the law, including work health and safety laws and road rules.
- You are responsible for the people you send to a job and for your vehicles, tools and parts.
- Extra work or a changed quote can only be proposed once you are on site, and only goes ahead if the fleet approves it.
- To finish a job you must add at least one photo. For completed work, photograph the finished work. For a tow, photograph the vehicle at the destination. For work that couldn't go ahead, photograph the reason. The app also records where your phone was when you finished. The fleet and RoadSOS can see these records.
Cancelling a job
- If you can't do a booked job, cancel it in the app with a reason as early as possible. The fleet is never charged when a business cancels.
- Each cancellation is recorded against your business and the person who cancelled. Repeated cancellations may lead to suspension.
6. Prices, the service fee and payments
How prices work
- The business price is the price the business sets in its quote, extra work or changed quote.
- The RoadSOS service fee is added on top of the business price. The current rate is 10% of the business price. The fee includes GST, so one eleventh of the fee is GST.
- The fleet price is the business price plus the service fee. It is the price fleets see and pay everywhere in the app, rounded to the nearest cent: quotes, repair prices, call-outs, extra work, changed quotes and cancellation charges.
- Fleets see the breakdown on the final bill, receipt and transactions: "Work by [business]", the "RoadSOS service fee" and the total.
| Example | Business price | Service fee (10%) | Fleet pays | Business is paid |
|---|---|---|---|---|
| Tyre replacement | $1,100.00 | $110.00 (incl. $10.00 GST) | $1,210.00 | $1,100.00 |
| Call-out only | $150.00 | $15.00 (incl. $1.36 GST) | $165.00 | $150.00 |
| Approved extra work | $220.00 | $22.00 (incl. $2.00 GST) | $242.00 | $220.00 |
The rate is locked on each quote
- The service fee rate is fixed on each quote at the moment it is sent. It applies to that job, including any call-out, extra work or changed quote. Changing the rate never changes a quote already sent.
- We may change the rate for future quotes. We will tell you in the app or by email at least 14 days before a change takes effect.
What the fleet pays when a job finishes
The business chooses how the job finished. The fleet pays the fleet price of:
| Outcome | Charged |
|---|---|
| Done as agreed | The agreed price (the quote, or the latest approved changed quote), plus approved extra work |
| Repaired | The quote's repair price, plus approved extra work. Not available once the quote has been changed. |
| Extra work only | The call-out, plus approved extra work, when the extra work was done but the quoted work wasn't needed |
| Couldn't go ahead | The call-out only, with a reason and photo (for example, the truck needs a tow, or the fleet declined the extra work) |
Charging the fleet
- The fleet's saved card is charged automatically when the business marks the job finished. Your bank may ask you to confirm the payment (for example, 3-D Secure).
- If a charge fails, we try again after about 1 hour and again after about 24 hours, and the fleet can pay straight away with "Pay now". While a payment is unpaid, the fleet can't send new requests or book quotes.
- Card payments are processed by Stripe. We don't store full card numbers.
Paying the business
- RoadSOS collects payment on the business's behalf as its limited payment collection agent. When the fleet pays RoadSOS for a job, the fleet's obligation to pay the business for that amount is met.
- We hold the payment for 14 days after the charge, then transfer the business price to the business's Stripe account. We don't deduct a commission or card processing fees from it. When the money reaches your bank depends on Stripe and your bank.
- During the 14 days, the fleet can report a problem with the job. That pauses the payout while RoadSOS looks into it (see section 9).
Refunds
- A full refund returns the whole fleet price to the fleet. The business is not paid for that job and RoadSOS keeps no fee.
- A part refund is taken from the business's share and the service fee in proportion. For example, refunding 10% of a $1,210 payment ($121) reduces the business's payout by $110 and RoadSOS's fee by $11.
Tax
- Each business is responsible for its own tax and GST on its price, including any tax invoice it must give for its work.
- RoadSOS is responsible for GST on the service fee. Receipts in the app show the business's work and the RoadSOS service fee separately.
7. Location, photos and notifications
- RoadSOS needs your location to send and match requests. While a booked business is on the way, the fleet can see its live location. That live location is deleted when the business arrives.
- You must only upload photos and documents you have the right to share. You give RoadSOS permission to store and show them to the people involved in the job, and to use them to run the service and resolve disputes.
- Notifications tell you about new requests, quotes and job updates. Turning them off may mean you miss jobs or updates.
8. Cancellations
When a fleet cancels a booked job
| When | What the fleet pays |
|---|---|
| Before the business sets off | Nothing |
| While the business is on the way | The quoted call-out (fleet price), unless the business is more than 45 minutes past the arrival time it gave. Then cancelling is free. |
| Once the business is on site | The quoted call-out (fleet price) |
The app shows what cancelling will cost before you confirm. A call-out paid for a cancellation is shared in the same way as any other charge: the business is paid its call-out and RoadSOS keeps the service fee on it.
Other cancellations
- A fleet can cancel an open request (before booking) at no cost.
- When a business cancels, the fleet pays nothing and can search again (see section 5).
- RoadSOS support may cancel a request or job, for example for safety, suspected misuse or a duplicate. The fleet can see the reason in the app.
9. Problems and disputes
- If something goes wrong with a job, the fleet should first raise it with the business and, within 14 days of the charge, use "Report a problem" in the app.
- RoadSOS will review the job record, including quotes, approvals, photos, times and locations, and may ask both sides for information. We may then release the payment, give a part refund or give a full refund. We act reasonably, but our decision about the payment is not a ruling on legal liability for the work. Either side keeps any other rights it has against the other.
- Disputes about the quality of the work are between the fleet and the business. Card disputes (chargebacks) raised with your bank are handled under Stripe's and the card schemes' rules. We may pass on the outcome.
10. Using RoadSOS fairly
You must not:
- give false information, impersonate anyone, or send fake requests or quotes;
- use another person's account, or share your login;
- harass, threaten or abuse anyone you deal with through RoadSOS;
- misuse other users' contact details or location for anything other than the job;
- try to get around the app's payments for a job booked through RoadSOS, or ask for extra payment outside the app for work done on a RoadSOS job;
- interfere with, copy, scrape or reverse engineer the service, or try to access data you're not allowed to see; or
- break any law while using RoadSOS.
11. Suspension, closing your account and changes to the service
- We may suspend or close an account, or limit what it can do, if it breaks these terms, if a business no longer meets our requirements, if a payment is overdue, or if we reasonably need to in order to protect users or RoadSOS. Where reasonable, we will tell you why.
- You can delete your account at any time in the app: drivers from Menu, then Account; business owners from the Business tab; technicians from the Me tab. The Privacy Policy explains what is deleted and what job records we must keep. Deleting your account doesn't cancel amounts already owed for completed jobs.
- We keep improving RoadSOS and may change, add or remove features. We will give reasonable notice of changes that significantly affect you.
12. Our responsibility to you
- Consumer guarantees. Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.
- Where the law allows, our liability for a failure to comply with a consumer guarantee in relation to services that are not of a kind ordinarily acquired for personal, domestic or household use is limited to supplying the services again or paying the cost of having them supplied again.
- RoadSOS is provided "as is". We work hard to keep it available and accurate, but we don't promise it will always be available, error-free or able to find a business for every request. Arrival times, distances and maps are estimates.
- To the extent the law allows, we are not liable for:
- the work, conduct, delays, parts or pricing of any business, or anything a fleet or driver does;
- indirect or consequential loss, such as lost profits, lost revenue, downtime or delayed loads; or
- loss caused by information you give us being wrong, or by events outside our reasonable control.
- To the extent the law allows, our total liability to you for any claim about RoadSOS is limited to the service fees RoadSOS received for your jobs in the 12 months before the claim. This doesn't apply to amounts we hold that are due to be paid out or refunded to you.
- Businesses agree to indemnify RoadSOS against claims by third parties arising from the business's work, conduct or breach of these terms, except to the extent RoadSOS caused the loss.
13. Changes to these terms
We may update these terms. We will change the date at the top. If a change is significant, we will tell you in the app or by email before it takes effect. If you keep using RoadSOS after a change takes effect, you accept the new terms. If you don't agree, you can stop using RoadSOS and delete your account.
14. General
- These terms are governed by the laws of Queensland, Australia. You and RoadSOS submit to the courts of Queensland and the courts that can hear appeals from them.
- If part of these terms can't be enforced, the rest still applies.
- If we don't enforce a term straight away, we can still enforce it later.
- You can't transfer your account or these terms to someone else without our written consent. We may transfer them to a business that takes over RoadSOS.
15. Contact
Questions, complaints or problems: support@roadsos.com.au.