Law Enforcement Review Portal Terms and Conditions
These Terms detail the agreement between DiDi and you in relation to your use of the LERT Platform. By using the LERT Platform, you (i) agree to these Terms, both in your own right and on behalf of the Enforcement Body; and (ii) bind the Enforcement Body to these Terms (such that a reference in these Terms to “you” will be deemed to be a reference to you and the Enforcement Body both jointly and severally).
1. DEFINED TERMS AND INTERPRETATION
1.1 In these Terms:
DiDi means DiDi Mobility (Australia) Pty Ltd (ACN 623 144 963) for Australia; and DiDi Mobility (New Zealand) Limited (company number 8037474) for New Zealand.
DiDi Users means the users in Australia or New Zealand (as applicable) of the various applications operated, administered and/or promoted by DiDi in Australia or New Zealand (as applicable), including passengers, drivers, fleet partners, delivery partners, and all other users of DiDi’s apps, software or services.
Enforcement Bodies means as that term is defined in the Privacy Act, and where applicable, includes the Enforcement Body for which you are an employee, contractor, agent, or officer.
Enforcement Related Activities means as that term is defined in the Privacy Act.
Intellectual Property Rights means any and all intellectual property rights, whether registered or unregistered, including patents, copyright, rights in circuit layouts, registered designs, trademarks, domain names, business names, know how, or the right to have confidential information kept confidential, and including any application or right to apply for registration of any of those rights.
LERT Platform means the LERT platform available at <https://lert.didiglobal.com/>, and the software, programs and operating information that comprise the platform, through which you can send Requests related to DiDi Users.
Personal Information means as that term is defined in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).
Requests means a lawful and official request by you, issued through the LERT Platform, for information (including Personal Information) of or in relation to DiDi Users that is or may be held by DiDi, and that is required or may be lawfully requested by you in relation to Enforcement Related Activities (and includes any portion of a Request and any communication, follow-up, response, query, or further action in relation to a Request).
Terms means these terms and conditions and includes all attachment, annexures, or schedules to it.
1.2 Rules of Interpretation:
(a) In these Terms, except where the context otherwise requires:
(i) the singular includes the plural and vice versa, and a gender includes other genders;
(ii) another grammatical form or use of a defined word or expression has a corresponding meaning unless the context requires otherwise;
(iii) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(iv) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(v) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;
(vi) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(vii) headings are for ease of reference only and do not affect interpretation;
(viii) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(ix) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it.
2. AVAILABILITY OF THE LERT PLATFORM
(a) You will only be able to send Requests in relation to DiDi Users in the jurisdiction of your Enforcement Body. This means that if your Enforcement Body is:
(i) from Australian – you must only submit Requests in relation to DiDi Users in Australia; or
(ii) from New Zealand – you must only submit Requests in relation to DiDi Users in New Zealand.
2.2 You acknowledge, warrant and agree that:
(a) your Enforcement Body is based in the jurisdiction which you submit a Request and the relevant DiDi User subject of a Request is also resident of or located in the same jurisdiction;
(b) DiDi is not obliged to respond to Requests sent through the LERT Platform in relation to DiDi Users not in the jurisdiction of your Enforcement Body; and
(c) to the extent permitted by law, any and all responses or communications by DiDi in relation to a Request does not constitute a submission to the jurisdiction in which the Request was made, nor a waiver of any rights DiDi may otherwise have in relation to the Request or at law.
3. OBJECTIVE OF THE LERT PLATFORM
3.1 Subject to clause 2, you may send Requests through the LERT Platform and DiDi will manage, attend and respond to such Requests through the LERT Platform in accordance with clause 7.
4. EXCLUSIVELY OFFICIAL USE and your warranties and obligations
4.1 Only Enforcement Bodies or a legally authorised employee, agent, contractor, or officer of an Enforcement Body with legal powers to carry out Enforcement Related Activities, can create an account on and use the LERT Platform.
4.2 You warrant that you satisfy the requirements of clauses 2 and 4.1.
4.3 To create an account, you must provide accurate, current, complete and valid information, including an email address with the official domain of the relevant Enforcement Body.
4.4 When creating an account and making use of the LERT Platform, you acknowledge, warrant and agree that:
(a) you have the authority to create such an account or make a Request on behalf of the Enforcement Body;
(b) any other use of the LERT Platform, either by a person that is not an employee, contractor, officer or agent of an Enforcement Body, or in relation to an activity that is not Enforcement Related Activity, is prohibited and DiDi reserves the right to suspend an account that undertakes such use, refuse such a related Request, or take any other action reasonably necessary to prevent such unauthorised access or use .
4.5 You must maintain the security of any logins, passwords or other credentials that you select or that are provided to you for use on the LERT Platform and a responsible for any misuse of the LERT Platform or breach of these Terms for your failure to do so. You are responsible for any and all use of the LERT Platform through your account;
4.6 DiDi may at its discretion refuse to allow you to register or create an account, or suspend any existing account.
4.7 DiDi may commence civil, criminal and/or other actions against any party who provides false information to create an account and/or use the LERT Platform for any illegal or illicit purpose.
4.8 You acknowledge and agree that your use of the LERT Platform, DiDi making the LERT Platform available to you, and DiDi’s participation in or response to any and all Requests, is subject to and conditional on DiDi’s reliance on the warranties in these Terms.
5. TYPES OF APPLICATIONS THAT CAN BE SENT THROUGH THE LERT PLATFORM
5.1 You may only send Requests that are related and/or are necessary for the investigation and/or prosecution of Enforcement Related Activities. DiDi may not respond to any other type of request, notice, or query made through the LERT Platform.
5.2 You must not:
(a) use the LERT Platform for any illegal, immoral, unauthorised or dangerous purpose;
(b) interfere with the LERT Platform or disrupt any other user, service or equipment;
(c) collect other users' content or information;
(d) use the LERT Platform to bully, intimidate or harass any users or third parties; or
(e) do anything which could prejudice or impair the proper working or appearance of the LERT Platform.
6. REQUIREMENTS FOR REQUESTS
6.1 DiDi may require you to attach to the Request the official or legal document setting out the information sought under a Request (which may be in the form of a subpoena, warrant, court order, etc).
6.2 DiDi may require that a Request comply with DiDi’s reasonable requirements and all applicable legal requirements, including that the Request must:
(a) be addressed to the legal entity that corresponds with one of the entities in “Annexure A” of these Terms;
(b) specify the legal basis that supports the Request (including in relation to where the Request requires the disclosure of Personal Information of a DiDi User – the basis on which that Personal Information can be disclosed to you in accordance with the Privacy Act);
(c) clearly specify the requested information (preferably indicating some specific identification reference to the DiDi User, such as the name, cell phone number, vehicle plate, email, etc);
(d) indicate the requested due date for the response to the Request; and/or
(e) contain the signature of an authorised officer of the Enforcement Body.
6.3 To the extent permitted by law, you represent and warrant that any information submitted on the LERT Platform or in a Request, except to the extent required in connection with the Enforcement Related Activity:
(a) is not defamatory, libellous, threatening or harassing, or potentially or actually harmful to us or any other person, where harm includes economic loss that will or may be suffered by us;
(b) does not infringe the Intellectual Property Rights of any person or entity;
(c) does not contain any material that could reasonably be considered to be inappropriate or is unlawful, including obscene, inappropriate or unlawful images; or
(d) does not contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any platform, including, viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
7. PROCESS OF RESPONDING TO REQUESTS
7.1 Upon receipt of a Request, DiDi will:
(a) confirm receipt of the Request;
(b) carry out all reasonable enquiries to determine whether DiDi possesses the information sought; and
(c) respond to the Request in a reasonable time (and to the extent permitted by law, advise you if the timeline requested for a response is unreasonable or cannot be satisfied).
7.2 DiDi may evaluate the legal basis upon which a Request is made, including whether and the extent to which it must respond to a Request, and will notify you of the extent to which it reasonably believes it cannot (lawfully or otherwise) respond to a Request.
7.3 DiDi may seek further clarification of or revisions to, or dispute whether it must respond to, the Request, if the Request is complex, extensive, unclear, unreasonable, onerous, unlawful, cannot be fully satisfied, or fails to comply with these Terms.
7.4 DiDi may seek any information needed to verify the legitimacy of or legal basis for the Request, including details about you and your authority to make the Request, proof of legal authority to make the Request (including proof of or further details about a relevant warrant or court, governmental, or regulatory order), or reference to the relevant legal power being exercised.
7.5 To the extent permitted by law, DiDi is not obliged to respond to a Request and DiDi may in its sole discretion refuse to respond to a Request.
7.6 DiDi is not obliged to respond to a Request to the extent the Request does not comply with these Terms. When this occurs, DiDi will notify you of the manner in which the request fails to comply with these Terms, and you may resubmit an amended Request that is compliant with this Terms.
7.7 If you are not satisfied with LERT’s response to a Request, you may escalate the Request by emailing the following DiDi contact [email protected].
8.1 DiDi will use your Personal Information only and exclusively with the purpose of responding to a Request.
8.2 Subject to clause 8.1, DiDi collects, uses, discloses, and stores all Personal Information (including your Personal Information) in accordance with our privacy policy available at <https://privacy-center.didiglobal.com/AU/privacy-notice>.
8.3 For the purpose of complying with a Request, and only to the extent necessary to comply with the Request, DiDi will only disclose to you the Personal Information of a DiDi User the subject of a Request, if it is legally authorised to do so (including if a “permitted general situation” under the Privacy Act (as that term is defined in the Privacy Act) applies).
8.4 You must clearly specify the Personal Information required under a Request in accordance with clause 6.1 of these Terms and except with DiDi’s prior written consent or in accordance with applicable laws, must use such Personal Information provided by DiDi only and exclusively for the Enforcement Related Activity in relation to which the Request was made, and not for any different purpose. Likewise, you must collect, store, handle, use, disclose, process, or deal with Personal Information transferred by DiDi to you under these Terms in accordance with applicable laws as well as these Terms, and implement appropriate and industry standard data protection and cybersecurity systems, procedures and practices to protect any Personal Information disclosed to or collected by you under or in connection with these Terms from unauthorised access or disclosure and to protect the integrity and accuracy of the information.
8.5 Other than to extent required by law, you cannot, disclose Personal Information disclosed to or collected by you under or in connection with these Terms to third parties, or outside Australia, without DiDi’s prior written consent.
8.6 To the extent that Personal Information is disclosed to third parties by you in accordance with these Terms or applicable laws, you:
(a) must notify DiDi of the location of that Personal Information and the steps you took to ensure that the third party could comply with the Privacy Act;
(b) must ensure that the third party complies with the Privacy Act in relation to that Personal Information; and
(c) are liable for that third party’s failure to comply with the Privacy Act in relation to that Personal Information.
8.7 Nothing in these Terms limits or affects a person’s rights under the Privacy Act, including the right to request access to or the correction of Personal Information or make a complaint about the handling of Personal Information, and you acknowledge and agree that you will do all things necessary to facilitate such requests where relevant.
8.8 If you believe or suspect that there has been unauthorised access to or disclosure of Personal Information provided to you by DiDi under these Terms or in relation to a Request, you must promptly provide DiDi notice of and disclose all information relevant to such breach, and provide DiDi with reasonable assistance and support in relation to DiDi’s investigation of, handling of, or response to such a breach, including in relation to an investigation of such a breach by a regulator or other authority, or in relation to any regulatory notices that must be provided in connection with such breach.
9. INTERRUPTION OR FAILURES OF THE LERT PLATFORM and liability
9.1 DiDi will use reasonable efforts to make the LERT Platform available. However, except to the extent required by law, DiDi does not warrant or guarantee, whether oral or writing, that the LERT Platform will be uninterrupted or error free. You acknowledge and agree that we may need to undertake scheduled or urgent maintenance from time to time and we will provide you reasonable notice of such maintenance (where possible).
9.2 To the extent permitted by law, you release, discharge, and hold harmless DiDi from and against any and all claims, liabilities, actions, demands, penalties, losses, costs or damages arising as a result of or in relation to your use of the LERT Platform.
9.3 You can report incidents and/or make inquiries in relation to the operation of the LERT Platform by sending an email to the following address: [email protected].
9.4 You agree DiDi will not be liable to you for any delay or failure to perform its obligations if such delay or failure is due to a force majeure event, being a circumstance beyond DiDi’s reasonable control causing DiDi to be unable to observe or perform on time an obligation under these Terms, including acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, revolution and acts of war and war, general strikes, embargos, any power, water or other utility shortage, pandemics or epidemics, or government action or order.
10. INTELLECTUAL PROPERTY POLICY
10.1 DiDi owns or is the licensee of the Intellectual Property Rights in, and of all content distributed on, the LERT Platform and nothing in these Terms transfers ownership of or the rights to any such Intellectual Property Rights to you.
10.2 DiDi grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty free licence to access and use the LERT Platform and content that is visible on or distributed through the LERT Platform by DiDi, only to the extent required by you to submit and attend to subsequent correspondence in respect of a Request.
10.3 Except with DiDi’s prior written consent, you cannot use, copy, modify, make extracts of, include with other products for use or sale, link or transmit, or use for any other commercial purpose any part of the LERT Platform or content visible or distributed on the LERT Platform by.
10.4 If you print, copy, download, modify or link any part of the available content through the LERT Platform, in breach of these Terms, your to use the LERT Platform may be suspended immediately and you must, if requested by written notice by DiDi and to the extent permitted by law, return or destroy any and all such content, including copies (electronic or in another format) of the same.
11. Suspension or Termination
11.1 DiDi may immediately suspend or terminate your account on or access to or use of the LERT Platform or terminate these Terms, at any time by providing reasonable notice to you.
12. Compliance with law
12.1 Notwithstanding anything to the contrary, nothing in these Terms shall be construed as limiting or excluding DiDi’s obligation to comply with or respond to any lawful order, direction, or requirement of a government agency, authority, Enforcement Body, or court of competent jurisdiction.
13. miscellaneous
13.1 DiDi reserves the right to modify these Terms at any time by notice to you.
13.2 These Terms are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
13.3 Clauses 9 and 10 survive termination or expiry of these Terms.
13.4 The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
13.5 You may not assign, transfer, or novate any of your rights or obligations under these Terms without our prior written consent.
13.6 These Terms constitute the entire agreement between the parties, and supersede and extinguish all previous drafts, agreements, arrangements, and understandings between them, whether written or oral, relating to this subject matter.
13.7 Except as expressly provided in these Terms, the rights of a party under these Terms are in addition to and do not exclude or limit any other rights or remedies under applicable laws.
13.8 No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted. A single or partial exercise of a right or remedy under these Terms does not prevent a further exercise of that or of any other right or remedy. Failure to exercise or delay in exercising a right or remedy under these Terms does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
Last update: 12 October 2023