The terms in this Driver Agreement together with its Schedules (Terms) detail the
agreement between you and Aussie Drive Mobility (Australia) Pty Ltd (ACN
694967934) for Australia, governing your use of the Aussie Drive mobile driver app
and platform (Driver App) which facilitates your provision of point to point
transportation services (Transportation Services) and delivery services (Delivery
Services) (together, the Services) via the Driver App as requested by users of the
Aussie Drive rider app and platform (Passengers) and your provision of Services as
an independent provider.
In these Terms “driver”, “Driver-partner”, “you”, “your” and “yours” refer to the
person using the Driver App and “we”, “us” and “our” refer to Aussie Drive.
“Affiliates” refers to any company or entity controlled by, controlling, or under
common control or in a partnership or joint venture with Aussie Drive.
In order to access the Driver App and provide Services you must register as a
Driver-partner. By applying to be a Driver-partner you confirm your acceptance of
these Terms and our Privacy Policy available at www.ausidrive.com and or the Driver
App. These Terms will come into effect on the date you are registered as a Driverpartner by Aussie Drive and is a binding legal agreement between you and us. If you
will be or are providing the Services through your own company, then these Terms
will also be binding on your company.
If you do not agree with these Terms, you should not access or use the Driver
App.
If you have any questions regarding these Terms, please contact us at
info.ausidrive@gmail.com.
OUR RELATIONSHIP
1.1 You acknowledge and agree that Aussie Drive does not provide the Services to
Passengers. It is a technology-based company which operates technology
applications and platforms, and provides the related Support Services (as defined in
clause 8.1 below) to enable independent providers of point-to-point transportation
and delivery services to receive and fulfil requests for Services.
1.2 Once you accept a request for Services, you have sole responsibility for the
provision of those Services in accordance with the Passenger’s request.
1.3 You acknowledge and agree that, by accepting a request for Services, you enter
into an agreement directly with the Passenger, as an independent provider of
Services. Each request for Services that you accept gives effect to a separate
agreement between you and the relevant Passenger.
1.4 Aussie Drive does not have the capacity to require you to perform any Services.
Other than you complying with these Terms, Aussie Drive does not have the capacity
to direct or control you or the manner in which you provide any Services.
1.5 Aussie Drive does not impose any obligations regarding where, when and/or for
how long you will be available to provide Services by logging in to the Driver App or
whether you accept or decline any request for Services. Other than your safety
obligations under Aussie Drive’s Fatigue Management Policy in, any shift length or
rest period requirements under relevant legislation, including the Land Transport Act
1998 and the Land Transport Rule: Work Time and Logbooks 2007 (which
obligations are summarised in Aussie Drive’s Fatigue Management Policy), these
matters remain within your sole discretion.
1.6 You acknowledge and agree that, unless required by law (in which case it will be
specified as a policy with which you must comply) you are not required to, and will
not, while providing Services represent to Passengers in any way that you are
providing Services for, or on behalf of, Aussie Drive (or any of its Affiliates).
1.7 For the mutual benefit of both Aussie Drive and all drivers including you, from
time-to-time Aussie Drive (on your behalf) may offer promotions to some or all
Passengers that may have the effect of Passengers paying you a lower amount than
would otherwise have been the case, and where a promotion applies, you agree to
provide Services to the Passenger at the lower amount. Where a promotion applies
and where applicable Aussie Drive will reduce the value of its fees by an amount
equal to the value of the promotions (Promotions Discount).
1.8 For the mutual benefit of both Aussie Drive and all drivers including you, from
time-to-time Aussie Drive may offer incentives to drivers. Where an incentive applies
and where applicable Aussie Drive will reduce the value of its fees by an amount
equal to the value of the incentives (Incentives Discount).
1.9 Where the value of the fees available to be reduced is less than the total value of
the Promotions Discount and the Incentives Discount, Aussie Drive will v add the
difference to your Payment Fees so that the sum of this amount and the value of the
fees reduced is equal to the total value of the applicable Promotions Discount and
the applicable Incentives Discount.
1.10 Aussie Drive makes no guarantee or representation in relation to the number of
requests for Services that will be provided to you under these Terms.
1.11 You acknowledge and agree that:
(a) these Terms do not involve you providing any services to Aussie Drive;
(b) nothing in these Terms constitutes a relationship of employer and employee
between you and Aussie Drive; and
(c) nothing in these Terms constitutes a relationship of principal and agent, principal
and contractor, partnership, trust or joint venture between you and Aussie Drive.
1.12 Subject to clause 19.2, you indemnify, and will keep indemnified, Aussie Drive
and its Affiliates against any reasonable cost, expense or liability arising from the
relationship between you and Aussie Drive (or any Affiliates) being deemed to be
one of employee and employer, or worker / dependent contractor and principal, as a
result of you acts or omissions, negligence, or material breach of these Terms,
including, without limitation, in respect of minimum wage, holidays and leave,
superannuation contributions, any other employee benefit and any other liability
arising from other employment rights (including in connection with the termination of
the relationship), save to the extent such cost, expense or liability arises as a result
of the relationship between Aussie Drive and you being one of “employee-like” or a
substantially similar concept under the Fair Work Act 2009 (Cth) as amended by the
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (or any ancillary
rules, regulations, orders, or determinations).
REGISTRATION AND APPROVAL TO BE A DRIVER
2.1 You acknowledge and agree that you will, at all times while you are providing
Services, hold a valid driver’s licence and all other required licences, permits,
registrations, approvals and/or authorities required to provide Services within the
jurisdiction in which you have been registered by Aussie Drive to provide such
Services. In order for Aussie Drive to comply with any obligations applicable to it, you
will, upon request by Aussie Drive, provide copies in the form required by us of all
reasonable required licences, permits, registrations, approvals and/or authorities as
requested from time to time.
2.2 As part of the application process for becoming a registered driver-partner
(Driver-partner), you provided relevant information to Aussie Drive (including
information regarding the requirements outlined above and personal information). In
relation to this process, you agree and warrant that:
(a) the information supplied by you is true, complete and not misleading in any
respect and you will notify Aussie Drive as soon as practicable if any of the
information changes;
(b) you consent to the collection and use of your personal and, if applicable,
sensitive information in accordance with these Terms and Aussie Drive’s Privacy
Policy including if available to Aussie Drive the use of the transport organisation
register online (TORO) system in New Zealand;
(c) you will provide a high-resolution photo of yourself which is a true image of you
and which you consent to be displayed as part of your profile and, if required, in your
vehicle, in order to comply with applicable laws, regulations and rules, to protect
against fraud and for health and safety reasons;
(d) you are entitled by law to enter into an agreement with Aussie Drive on these
Terms (including, but not limited to, holding a citizenship, residency or visa status
which permits you to work in Australia or New Zealand as applicable);
(e) you will not use a vehicle other than your registered vehicle to provide Services to
Passengers which must at all times meet all applicable vehicle standards as updated
from time to time, including in New Zealand holding a current Certificate of Fitness
where you provide a passenger service or Warrant of Fitness as required under the
Land Transport Act 1998 where applicable (Vehicle Standards); and
(f) your vehicle will comply with any and all applicable signage requirements from
time to time, as required by law. 2.3 If any of the information provided as part of your application changes, including if
you cease to hold any required licences, permits, registrations, approvals and/or
authorities, you will immediately notify Aussie Drive of this change.
2.4 If you are a Driver-partner in Australia, you must register for GST and provide us
with proof of GST registration and your valid ABN (and company name if applicable).
By using the Driver App, you warrant that you are GST registered and have a valid
ABN. If you do not register for GST and/or provide a valid and current ABN you must
not use the Driver App. You must immediately notify us in writing if you cease to be
registered for GST or you change your ABN. If you cease to be registered for GST or
cease to hold a valid ABN then you must not use the Driver App.
YOUR DRIVER ACCOUNT
3.1 If you are registered by us to be a Driver-partner, you will be granted a licence to
use the Driver App and be issued with a driver account (Account). Only once this
has occurred you are permitted to use the Driver App and to receive requests for
Services through the Driver App.
3.2 You acknowledge and agree that you are responsible for all your activity that
occurs in on your Account. You agree you will not share or disclose your login details
or other Account information. You release Aussie Drive from any liability arising in
relation to unauthorised access to your Account that occurred as a result of your
failure to maintain the secrecy and confidentiality of the login details for your
account. You will immediately notify us of any unauthorised use on your Account and
we may take any reasonable steps to limit, prevent, or mitigate such unauthorised
use, including suspending access, or temporarily withholding monies payable to you
during the unauthorised use.
DRIVER PROGRAMS
4.1 From time to time, we may make available various short-term and long-term
programs for Driver-partners (Driver Programs). If you participate in a Driver
Program, the applicable terms (Driver Program Terms) apply to you. In the event of
an inconsistency between these Terms and the Driver Program Terms, the Driver
Program Terms will prevail to the extent of that inconsistency. 4.2 The fees payable by you under a Driver Program will be set out in a separate
document made available to you (the Fee Schedule). The fees may be determined
with reference to certain metrics applicable to the Driver Program (Driver Program
Metrics).
YOUR COMPLIANCE WITH TERMS AND POLICIES
5.1 You must comply with:
(a) these Terms including any separate Fee Schedule as well as the Standard Terms
for Delivery Services;
(b) any conditions imposed as part of our approval of you as a Driver-partner (as
notified to you by Aussie Drive at the time of approval);
(c) any terms and conditions applicable to a Driver Program that applies to you or in
relation to a particular Service in which you participate;
(d) all applicable laws, regulations and rules;
(e) any Services metrics applicable to you, as notified to you from time to time
through the Driver App (Services Metrics).
5.2 These compliance requirements help to maintain a service standard and protect
Aussie Drive’s reputation, for the mutual benefit of both Aussie Drive and all drivers
including you.
5.3 Whilst you are required to familiarise yourself and comply with Aussie Drive’s
policies mentioned in clause 5.1 above, as amended from time to time (where we
give you reasonable prior notice of such amendments and where you are not obliged
to use the Driver App if you do not agree to such changes), for the avoidance of
doubt those policies themselves do not form part of these Terms nor do they
constitute contractual terms and conditions with Aussie Drive.
CHANGES TO TERMS, DRIVER PROGRAMS, METRICS, POLICIES AND
PROCEDURES
6.1 We may at any time in our sole discretion, propose:
(a) changes to the Driver Programs, Services Metrics, the Driver Program Metrics
and/or our policies and procedures, provided that if these apply to you then we will
give you at least seven (7) days prior notice; and
(b) any other changes to these Terms including its Schedules, provided we give you
at least seven (7) days prior notice,
(together, Changes).
6.2 If we propose any Change, such Change will take effect on the date specified in
the notice or at the end of the required notice period set out above, whichever is the
earlier (Change Date). If you continue to use the Driver App on and from the Change
Date or you indicate acceptance of a Change by selecting a click and agree
mechanism provided with the notice, you will be taken to have accepted the Change
from the Change Date.
6.3 If you do not agree to a proposed Change, you may terminate these Terms by
deactivating your Account immediately without penalty or notice to us.
LICENCE TO USE THE DRIVER APP
7.1 We and/or our Affiliates own or are licensed to use all rights, title to and interests
in the Driver App including all content, text, images, trademarks and logos displayed
on the Driver App and such intellectual property rights are protected by applicable
laws. The Driver Software Use and Licence Agreement grants you a limited,
revocable, royalty free, non-exclusive, non-transferable and non-sublicensable
licence to use the Driver App for the sole purpose of receiving and fulfilling requests
for Services by Passengers. You acknowledge that other than the express licence
granted to you in these Terms, you obtain no other rights, implied or otherwise, in
respect of the Driver App.
SUPPORT SERVICES
8.1. In addition to providing access to the Driver App and facilitating the receipt of
requests for Services, Aussie Drive (and/or its Affiliates) will:
(a) act as an intermediary to facilitate bookings for Services between you and
Passengers;
(b) in relation to Services, receive and handle complaints from Passengers (and
other third parties);
(c) act as a limited payment collection agent to:
(i) offer promotions or discounts to some or all Passengers (on your behalf if in
Australia and New Zealand);
(ii) collect the Fares for the provision of Transportation Services on your behalf;
(iii) collect the Delivery Fees for the provision of Delivery Services on your behalf;
(iv) facilitate payment processing services from an external third-party payment
service provider (Payment Servicer) to distribute payments we receive on your
behalf to you; and
(v) prepare and issue receipts and tax compliant invoices to Passengers on your
behalf,
(together, the Support Services).
8.2 Aussie Drive may in accordance with clause 6 change, withdraw, vary or add
Support Services.
EQUIPMENT
9.1 You acknowledge and agree that you are responsible for the provision and
maintenance, at your own expense, of all tools and equipment required to provide
Services. This includes, but is not limited to, a vehicle, a mobile device with which to
access the Driver App and a wireless data plan.
9.2. You are responsible for any and all costs that you incur in accepting and fulfilling
a request for Services, including the operation and maintenance of your vehicle and
the device used to access and interact on the Driver App.
SUPPLY OF SERVICES TO OTHERS
10.1 These Terms do not prevent or restrict you from:
(a) being employed by, or otherwise engaged to perform services for, any entity; or
(b) engaging in any activity for the purpose of obtaining income.
10.2 In particular, these Terms do not prevent or restrict you from providing point to
point Transportation Services or Delivery Services through any other ride-sharing or
delivery application.
11 INSURANCES
11.1 You must at all times comply, at your expense, with your legal obligations in
respect of insurance (including but not limited to compulsory third party motor vehicle
insurance for any vehicle used to provide Services (if applicable)) and maintain, at
your expense, such other policies as someone providing Services would prudently
maintain as well as any other minimum insurance cover which Aussie Drive
reasonably requests you hold or that are required by law including but not limited to
a valid comprehensive motor vehicle insurance policy with a rideshare extension for
any vehicle used to provide Transportation Services, and a general liability insurance
policy at levels which satisfy:
(a) the minimum requirements that apply to the operation of private passenger
vehicles on public roads in the jurisdiction in which you are registered to provide
Services;
(b) the provision of Services and any other services contemplated by these Terms;
and
(c) any other minimum standards imposed by Aussie Drive (as notified by Aussie
Drive from time to time).
11.2 In order for Aussie Drive to confirm your ongoing compliance with these
requirements, you will, upon request by Aussie Drive, provide copies of any relevant
insurance policies and insurance certificates of currency and or other equivalent
proof of insurance.
11.3 If, at any time, you cease to hold an insurance policy required by law, you must
immediately notify Aussie Drive of this change in your circumstances and cease
providing Services through the Driver App.
TAXES
12.1 You acknowledge and agree that as a Driver-partner, you are required to:
(a) complete all tax registration obligations and calculate and remit all tax liabilities
related to your provision of Services as required by applicable law; and
(b) provide Aussie Drive with all relevant tax information requested.
12.2 You acknowledge and agree that you are responsible for taxes on your own
earnings arising from your provision of Services, including without limitation, income
tax and Goods and Services Tax (GST). You agree that you will collect and remit all
taxes payable resulting from your provision of Services.
12.3 Notwithstanding anything to the contrary in these Terms, Aussie Drive may, based on applicable tax and regulatory requirements, or as otherwise required under
the law, collect and remit taxes resulting from your provision of Services and/or
provide any of the relevant tax and other information you have provided pursuant to
these Terms directly to the Australian Taxation Office, New Zealand Inland Revenue
or applicable governmental authorities as required by law. 12.4 Unless otherwise stated, all amounts payable or consideration to be provided
under these Terms by you to Aussie Drive are exclusive of GST. If GST is payable on
any supply by Aussie Drive under these Terms, for which the consideration is not
expressly stated to include GST, you agree to pay an additional amount equal to the
GST at the same time that the consideration for the supply, or the first part of the
consideration for the supply (as the case may be) is to be provided.
12.5 You agree that, for the purposes of GST legislation, Aussie Drive supplies to
you the Support Services in sole consideration for the fees payable under these
Terms. In addition, Aussie Drive provides you a licence to use the Driver App and
platform for no consideration.
12.6 You agree to comply with all of your obligations under all laws, regulations and
rules to the extent applicable to your agreement with Aussie Drive.
12.7 Subject to clause 19.12, you indemnify Aussie Drive and its Affiliates from all
reasonable tax liabilities including duties, levies, claims and penalties arising from or
in connection with any tax liability that may be imposed on you, or that is imposed on
Aussie Drive or its Affiliates as a result of your acts or omissions, arising as a result
of information provided by you and/or your failure to comply with any of your tax
obligations.
12.8 You acknowledge and agree that Aussie Drive may treat you as a GSTregistered business, confirm that the ABN or NZBN (as applicable) and/or GSTregistration details you have provided to Aussie Drive are true and correct and that
Aussie Drive does not accept any liability for any incorrect information that you
provide including in relation to any ABN or NZBN (if applicable) or GST registration.
13 APPLICABLE FARES/PAYMENTS FOR PROVISION OF SERVICES13.1 The Passenger will be liable to pay you:
(a) a fare for the Transportation Services you provide to the Passenger (Fare);
and/or
(b) a delivery fee for the Delivery Services you provide to the Passenger (Delivery
Fee);
(together, the Payment Fees).
13.2 The Payment Fee is calculated by Aussie Drive and represents the maximum
total amount the Passenger is liable to pay the driver for the Services and may
include a mileage/per kilometre price, per minute charge, booking fee, minimum fee,
wait fare, fixed charges (such as tolls), a base fee, a general handling fee (Handling
Fee) and any other fees payable by the Passenger. The Payment Fee may fluctuate
based on local market conditions, the particular product offering, and demand for
Services, and includes any GST payable for the Services, if applicable. The Handling
Fee will be a general handling fee for each booking determined by Aussie Drive in its
absolute discretion. An estimate of the total fees payable to you in connection with
each booking request for Services by a Passenger will be provided to you before you
accept such a booking request. By accepting such a booking request, you accept the
estimate for the provision of the Services by you to the Passenger. 13.3 Our Cancellation Policy, available by selecting “Account”, then “Service Centre”,
then “Fare Related”, then “How does the Cancellation Fee work?”, sets out the
circumstances in which a cancellation fee may be payable to you when Services are
cancelled. Please read that policy for further information.
14 FEES
14.1 In consideration of the Support Services, you agree to pay Aussie Drive fees in
accordance with this clause 14 for each request for Services that you accept.
14.2 The fees relating to Services payable by you to Aussie Drive (or its Affiliates or
representatives) and the circumstances in which those fees are payable are set out
in clause 14.3, in the applicable Fee Schedule and/or the applicable Driver Program.
Unless otherwise advised, any fees payable are exclusive of GST. 14.3 Unless a promotional or other arrangement applies, the fees payable by you
relating to Services as updated from time to time include:
(a) a confirmation fee for each confirmed booking between you and a Passenger
equal to the amount of any booking fee charged to the Passenger (Confirmation
Fee);
(b) the Aussie Drive services fee as set out in the Fee Schedule (Services Fee);
(c) the Handling Fee; and
(d) any applicable Driver Program fees as set out in applicable Driver Program
(Driver Program Fees).
15 APPOINTMENTS AS PAYMENT COLLECTION AGENT
15.1 In order to facilitate the provision of the Support Services by Aussie Drive, you
appoint Aussie Drive or its Affiliates as your limited payment collection agent solely
for the purpose of collecting any applicable Payment Fees from Passengers for the
provision of Services.
15.2 You agree that payment made by a Passenger through the Driver App, where
applicable, will be considered the same as a payment made directly to you.
15.3 Payment processing services will be provided by a payment servicer (Payment
Servicer). The distribution of payments to you by the Payment Servicer will be
subject to terms and conditions of the relevant Payment Servicer. We will make
available the Payment Servicer’s relevant terms and conditions (if any) on or about
the time you agree to these Terms. By agreeing to these Terms or continuing to
provide Services, you agree to be bound by the terms and conditions of the Payment
Servicer (if any), as may be modified from time to time.
15.4 You agree that we may change the Payment Servicer from time to time by
advising you in writing, with at least 14 days’ notice where practicable, of a new
Payment Servicer and their terms and conditions (if any). You are not required to
accept these new Payment Servicer terms and conditions and may terminate these
Terms if you do not accept them. However, continuing to provide Services after the
change has come into effect constitutes your acceptance of:
(a) the appointment of the new Payment Servicer; and
(b) the terms and conditions of the new Payment Servicer (if applicable) as modified
by that new Payment Servicer from time to time.
15.5 As a condition of Aussie Drive enabling payment processing services through
the Payment Servicer, you agree to provide Aussie Drive (or at Aussie Drive’s
request, the Payment Servicer) with accurate and complete information about
you and if applicable, your business including your name, date of birth,
address (es), driver’s licence number, your relevant bank account details
(including the account number and BSB number (if applicable), details of any
account you have created with the Payment Servicer (if applicable) and
information about your Services and your agreement with Aussie Drive. You
authorise Aussie Drive to disclose this information to the Payment Servicer (and for
Aussie Drive to collect information about you from the Payment Servicer) in
connection with these Terms and the distribution of payments to you. You also agree
to provide Aussie Drive with any documents or other information that Aussie Drive
reasonably requests for Aussie Drive or the Payment Servicer to verify your identity. 15.6 You may be asked to confirm with the Payment Servicer that you agree to their
terms and conditions. If you do not agree to the Payment Servicer’s terms and
conditions, the Payment Servicer may choose not to provide you payment
processing services, in which case, you cannot use the Driver App to provide the
Services. Further, if you do not provide us with the information or evidence of your
identity that we reasonably request (as required by law or the Payment Servicer’s
terms), we will be unable to pay you amounts owed to you for the provision of
Services and/or to otherwise facilitate payment to you of any Payment Fees.
15.7 You acknowledge and agree that:
(a) you will have no claim against Aussie Drive or any of its Affiliates for any amounts
that are owed to you to the extent resulting from your breach of the Payment
Servicer’s terms and conditions or your failure to provide us with information or
evidence of identity to enable us to pay you via the Payment Servicer;
(b) subject to clause 19.2, you indemnify Aussie Drive and its Affiliates for any
reasonable costs or liability that arise in connection with your material breach of the
Payment Servicer’s terms and conditions; and
(c) your Account may be suspended until you are eligible to hold an account with the
Payment Servicer or until you provide us with the requested information or
appropriate evidence of your identity. 15.8 If you owe us any amount under these Terms, then we may, acting reasonably
and in good faith (but are not obliged to), withhold the amount owing to us from any
payout amounts due to you (whether as a Driver-partner or otherwise), and use the
withheld amount to set-off the amount owed by you to us, provided that we have
previously given you adequate notice of the amount owed to us, and you remain in
debt to us for that amount.
15.9 We may withhold monies from your Account and or suspend payout amounts
due to you if we reasonably suspect you have engaged in conduct or behaviour that
is unlawful or fraudulent. The Anti-Fraud Policy, available at https://web.Aussie
Driveglobal.com/au/legal/driver-anti-fraud-policy/ or by selecting “Account”, then
“Settings”, then “Legal”, then “Driver Anti-Fraud Policy”), provides guidance on when
payout amounts may be suspended or withheld due to fraud or other activities,
including where Aussie Drive applications or platforms have been manipulated to
gain a financial advantage.
15.10 In addition to any amounts due to us under these Terms, if your account is in
debit for any reason, you may be charged fees that are incidental to our collection of
those amounts due. Such fees or charges may include collection fees, convenience
fees, or other third-party charges and will otherwise be notified to you.
16 PROVISIONS OF BOOKED SERVICES
16.1 You agree to provide the warranties set out in this clause in order to protect
Aussie Drive’s legitimate business interests, including its reputation, for the mutual
benefit of Aussie Drive and all Driver-partners including you.
16.2 Each time you accept a request for Services from a Passenger you warrant and
agree that:
(a) you have, hold and maintain all licences, permits, registrations, certifications,
approvals, vehicle and insurances and other documentation required in the relevant
jurisdiction in which you operate;
(b) you will comply and abide with all relevant traffic and road laws, regulations and
rules while you are driving;
(c) you will comply with any relevant laws, regulations and rules relating to the
operation of the Services;
(d) you will only use the vehicle registered by Aussie Drive as part of your application
to provide the Services, and that vehicle meets all required Vehicle Standards
(available here: https://web.Aussie Driveglobal.com/au/driver/);
(e) you will provide Services to Passengers with due care, skill and diligence and in a
timely, professional, safe and courteous manner and in accordance with Aussie
Drive’s Community Guidelines available here: https://web.Aussie
Driveglobal.com/au/blog/community-guidelines/;
(f) you will comply with any applicable health and safety requirements in force from
time to time;
(g) you will not carry out any Services that are in breach of any law, regulation or
rule, or for which require you to hold a permit, licence, endorsement or permission
that you do not hold;
(h) you will not operate the Driver App while driving and will only access and interact
with the Driver App when it is legal and safe to do so;
(i) you will immediately notify Aussie Drive if the vehicle is involved in an incident or if
during the provision of Services an incident occurs that results in a serious injury or
in the attendance of police, emergency services or other health or security
professionals; and
(j) you will comply with the following terms of use of the Google Maps Navigation API
(as may be modified by Google from time to time):
(i) the Google Maps / Google Earth Additional Terms of Service at
http://maps.google.com/help/terms_maps.html;
(ii) the Google Maps / Google Earth Legal Notices at
http://maps.google.com/help/legalnotices_maps.html;
(iii) the Google Maps and Earth Enterprise Universal Acceptable Use Policy at
https://enterprise.google.com/maps/terms/universal_aup.html; and
or as otherwise provided or updated by Google and you acknowledge and agree that
in order to be able to provide the Services to Passengers you are required to provide
an accurate geo-location.
16.3 Each time you accept a request for Transportation Services from a Passenger
you warrant and agree that:
(a) you will provide Passengers and their guests reasonable assistance to get both in
and out of the vehicle;
(b) you will take the route requested by the Passenger if advised of their preference
or request unless you have a reasonable justification not to;
(c) you will not request payment from the Passenger above the fare calculated by the
Driver App;
(d) if no route is requested you must take the most direct and practicable route that is
reasonably considered likely to cost the Passenger the least, taking into account any
valid safety considerations;
(e) you will not make any unauthorised stops unless requested by the customer to
take a particular route or stop;
(f) you will not smoke or permit smoking of any sort by any person in the vehicle
including the use of e-cigarettes;
(g) you will allow ‘assistance animals’ to travel in the vehicle with any Passenger as
that term or equivalent is defined in the applicable legislation in the relevant
jurisdiction in which you operate; and
(h) you will not transport anyone else other than the Passenger and the Passenger’s
guests in the vehicle.
16.4 Each time you accept a request for Delivery Services from a Passenger you
warrant and agree that:
(a) you will comply with all applicable safety and health procedures required by law
or recommended by Governmental bodies in performing the Delivery Service,
including those relating to social distancing, no touch delivery, and any applicable
social gathering rules or restrictions;
(b) you will comply with all applicable laws, regulations and rules, and any applicable
policies in performing the Delivery Service;
(c) you will not use the Driver App or allow the Driver App to be used for any illegal,
fraudulent, harmful purpose, or other purpose that is contrary to Aussie Drive’s
Community Guidelines (available here: https://web.Aussie
Driveglobal.com/au/blog/community-guidelines/) or otherwise committing any illegal
or harmful act whilst rendering the Services;
(d) you will not deliver an item for which you need a permit, licence or permission to
transport and where you do not hold such permit, licence or permission; and(e) Delivery Services may only be used to deliver objects (such as packages and
inanimate objects).
16.5 You must notify Aussie Drive immediately and cease providing Services if any
of the warranties provided by you in this clause 16 becomes untrue.
16.6 Our Cancellation Policy, available by selecting “Account”, then “Service Centre”,
then “Fare Related”, then “How does the Cancellation Fee work?”, sets out the
circumstances in which you are permitted to cancel a booking request you have
accepted, and the consequences of doing so. Please read that policy for further
information.
SYSTEM REQUIREMENTS
17.1 To use the Driver App you must meet the hardware and software requirements
set out in this clause and have an internet data connection with location services
activated. Mobile devices used to access the Driver App must have either an
operating system compatible with the Driver App. Aussie Drive is not liable for any
issues that may arise if you access and/or use the Aussie Drive Driver App on any
other operating systems.
17.2 Subject to applicable law, we make no representation that the Driver App will
operate on all mobile devices nor that it will operate continuously and error-free.
17.3 You are responsible for maintaining your mobile device’s software and for any
mobile data costs incurred in using the Driver App.
17.4 You may at times be required to download updates to or new versions of the
Driver App when these are made available to continue using the Driver App.
18 LINKS TO OTHER WEBSITES
The Driver App may contain links to websites, including third party websites, or the
contact information of other organisations. Such websites and information will be
provided for your information only. We take care in choosing the linked websites and
information but they do not fall under our control and do not represent any
endorsement by us. Subject to applicable law, we make no representation that any
linked websites will be available for your access. To the fullest extent permitted by
applicable law, we have no responsibility for the accuracy or content of any websites
maintained by any other party or advertisements contained within the Driver App.
19 LIABILITY AND WARRANTIES
19.1 Subject to these Terms, to the fullest extent permitted by law, and without
limitation to your rights or remedies or the consumer guarantees under the Australian
Consumer Law (which cannot be excluded), the services provided by Aussie Drive
are provided “as is” and “as available”, without warranty of any kind. Your access
and use of the Driver App is at your own risk.
19.2 You are responsible for making all arrangements necessary for you to access
the Driver App. You are responsible for activities that take place on the Driver App in
your name or through your internet connection.
19.3 You agree that any legal remedy or liability that you seek to obtain for actions or
omissions of other users or other third parties will be limited to a claim against the
particular users or other third parties who caused you harm. This includes any loss
or damage to you, your vehicle, your property, or anyone else that occurs in
connection with your provision of Services to Passengers. Unless prevented by law, you agree to not attempt to impose liability on or seek any legal remedy from Aussie
Drive with respect to such actions or omissions to the extent Aussie Drive did not
cause or contribute to the harm. This limitation will not apply to any claim by you
against Aussie Drive regarding the remittance of Payment Fees received from a
Passenger by us on your behalf.
19.4 If, after 7 days’ of us notifying you, any fees payable by you to us remain
outstanding, you acknowledge that we have the right to withhold any reasonable
deposit or monies in your Account and or suspend or terminate your Account for
breach of these Terms.
19.5 To the maximum extent permitted by applicable law, and without limitation to
your rights or remedies or the consumer guarantees under the Australian Consumer
Law (which cannot be excluded), we have no responsibility for any personal or
financial losses (direct or indirect), costs, expenses or liabilities of whatever nature
and however arising which result from these Terms, the use of the Driver App or in
relation to the provision of Services to Passengers, unless we are required to by law
or they arise as a direct result of any default, fraud, or dishonesty on our part.
19.6 Neither us nor you will be liable to the other for any incidental, special,
exemplary, punitive, indirect or consequential loss or damage arising out of these
Terms, your use of the Driver App and/or in relation to the provision of Services to
Passengers including, but not limited to, loss of income or revenue, loss of business,
loss of profits or contracts, loss of data or loss of goodwill.
19.7 Subject to clauses 19.5, 19.6, 19.8 and 19.12, you agree to indemnify and keep
indemnified Aussie Drive against all reasonable losses or damage suffered or
incurred by us from claims by third parties or Passengers arising from or in
connection with your misuse of the Driver App or in relation to your provision of
Services to Passengers where such claims arose as a result of your acts or
omissions in your reasonable control.
19.8 Subject to clause 19.9, nothing in these Terms excludes or limits rights you
have under the Australian Consumer Law and/or the New Zealand Consumer
Guarantees Act 1993 and New Zealand Fair Trading Act 1986 (together the
Consumer Legislation). If you are a consumer (as defined by the Consumer
Legislation), goods and services provided to you under these Terms come with
certain consumer guarantees. If we fail to comply with those consumer guarantees,
then you may have rights against us which we are prohibited by law from excluding,
restricting or modifying. Our liability for breach of any consumer guarantee applicable
to our supply of goods or services, is (to the extent permitted by the Consumer
Legislation) limited to any one or more of the following, as determined by us:
(a) the supply of equivalent goods or services again; or
(b) the payment of the cost of acquiring equivalent goods or having the services
supplied again.
19.9 The parties agree that if you are using the Driver App for business purposes,
your rights are subject to these Terms and the New Zealand Consumer Guarantees
Act 1993 does not apply. 19.10 Subject to clauses 19.6, 19.8 and 19.12, except for our obligations to pay any
amount to you under these Terms, our maximum aggregate liability for any loss or
damage suffered or incurred by you arising from or in connection with these Terms,
your use of the Driver App or in relation to the provision of Services to Passengers
will be limited to the amount of Payment Fees actually paid to or due to Aussie Drive
in the 6 months immediately prior the event giving rise to such claim.
19.11 Without in any way limiting any other provision of these Terms, to the
maximum extent permitted by applicable law, neither Aussie Drive nor any of its
affiliates assume any liability or responsibility for (except to the extent Aussie Drive
cause or contribute to) any of the following:
(a) personal injury (including death) or property damage, of any nature whatsoever,
in connection with the performance of the Services or the access to or use of the
Driver App;
(b) interruption or cessation of transmission to or from the Aussie Drive Driver App;
(c) errors or omissions in any content or loss or damage incurred as a result of the
use of any content posted, emailed, transmitted or otherwise made available through
the Driver App;
(d) bugs, viruses, trojan horses or the like that may be transmitted to or through the
Driver App by any third party; or
(e) unauthorized access to or use of Aussie Drive’s or any affiliates or service
providers’ secure servers and/or any and all personal information stored therein by
any third party. 19.12 Each party has a duty to mitigate its losses under these Terms and no party
will be responsible to the other to the extent that other party fails to mitigate its
losses. The loss or damage a party may recover under these Terms is reduced to the
extent that party caused or contributed to that loss or damage.
SUSPENSION AND DISQUALIFICATION
20.1 Our Driver Suspension and Disqualification Policy and Anti-Fraud Policy (as
referred to and linked above) provide guidance on when we may, acting reasonably
and subject to applicable law, withhold monies from your Account, suspend a driver
account or disqualify a person from being a Driver-partner. 20.2 Subject to applicable law, we may, without liability to you (other than to pay any
amounts owing to you under these Terms), withhold monies from your Account and
or limit, suspend, disqualify or deactivate your Account (temporarily or permanently)
for the reasons set out in those policies, the reasons set out in these Terms, any
failure by you to meet the Services Metrics or such other reasons which are
consistent with protecting our reputation and other legitimate business interests for
the mutual benefit of Aussie Drive and all Driver-partners.
20.3 We will provide you with notice and reasons if we withhold any monies from
your Account and or limit, suspend or deactivate your Account or disqualify you as a
Driver-partner. 20.4 If we exercise our rights under this clause, we may also choose to terminate
these Terms, and if so such termination will be in accordance with clause 21.
21 TERM AND TERMINATION
21.1 These Terms will commence on the date they are accepted by you
(electronically or otherwise) and will continue until terminated by you or Aussie Drive.
21.2 We may terminate these Terms with at least fourteen (14) days prior written
notice to you by deactivating your Account:
(a) if we cease to offer services or operate in a relevant jurisdiction;
(b) following suspension of your Account under clause 20; or
(c) in any other circumstances which we consider reasonable to protect our
legitimate business interests.
21.3 We may terminate these Terms immediately by deactivating your Account,
without notice to you, if:
(a) you commit a breach of these Terms which is incapable of remedy;
(b) you commit a breach of these Terms which is capable of remedy but you do not
remedy the breach within fourteen (14) days of receiving notice from us requiring you
to do so;
(c) you are bankrupt or insolvent; or
(d) if the company that you contract through with us (and to the extent such basis for
termination is enforceable under applicable law):
(i) is unable to pay its debts as they fall due;
(ii) takes any steps to wind itself up or place itself into liquidation;
(iii) has a receiver, receiver and officer manager, trustee, statutory manager, administrator or similar officer appointed in respect of it; or
(iv) enters into, or resolves to enter into, an arrangement or composition with
creditors or makes an unauthorised assignment for the benefit of creditors.
21.4 You may terminate your agreement with us and these Terms at any time by
deleting your Account.
21.5 Outstanding payment obligations and clauses 1, 9.2, 10, 12, 14, 15, 18, 19,
21.7, 22 and 23 will survive termination of these Terms.
21.6 Termination of these Terms for any cause shall not release a party from any
liability which at the time of termination has already accrued to such party or which
thereafter may accrue in respect of any act or omission prior to such termination.
21.7 Following termination of these Terms, you must delete and fully remove the
Driver App from your mobile devices.
DISPUTES
If you have a dispute under these Terms you should first contact us and inform us of
the basis of your dispute. We will endeavour to resolve the dispute by negotiation
with you. If we cannot settle the dispute then you agree that you will use your best
endeavours to agree an appropriate dispute resolution process with us. This does
not limit rights under these Terms.
GENERAL TERMS
23.1 You may not assign any agreement with us or these Terms without our prior
written consent.
23.2 If any of the terms in these Terms is invalid or unenforceable they can be
severed without affecting the enforceability of the other terms in any way. 23.3 The failure or delay by a party to enforce any term of these Terms will not be
deemed a waiver of such term. A waiver must be in writing.
23.4 These Terms shall be binding on and shall inure to the benefit of the successors
and permitted assigns and personal representatives (as the case may be) of each of
the parties.
23.5 Save for as set out, no remedy conferred by these Terms is intended to be
exclusive of any other remedy that is otherwise available under any law. 23.6 In the case of a force majeure event, a party’s obligations under these Terms
may be temporarily suspended, without liability, until the effect of such force majeure
event ceases; provided, however, that the affected party must use reasonable efforts
to resolve such event. Force majeure means any unforeseeable or unavoidable
(even if foreseeable) event beyond the control of the parties which prevents, affects
or delays a party’s performance of all or part of its obligations under these Terms.
Such events include but are not limited to those caused by acts of God, war, changes in policies, pandemics, epidemics, strikes or industrial disputes, computer
viruses, hacker attacks or suspension of services provided by telecommunication
agencies.
23.7 These Terms are governed by the laws of the state of New South Wales and the
parties submit to the non-exclusive jurisdiction of the courts of New South Wales and
its appellate courts.
23.8 You acknowledge, represent and warrant that you have the right, authority and
capacity to enter into these Terms, have read and fully understand the provisions of
these Terms and have had sufficient time and opportunity to take appropriate advice
prior to agreeing these Terms.
Last update: 8 November 2023
Schedule 1A: New South Wales Region Schedule
This Schedule 1A applies to you if you are a Driver-partner in New South Wales. It
applies in addition to your obligations under the Terms.
You warrant and agree that:
(a) you will comply with all safety standards under the Point to Point Transport (Taxis
and Hire Vehicles) Act 2016 (NSW) and Point to Point Transport (Taxis and Hire
Vehicles) Regulation 2017 (NSW), including in relation to minimising and recording
potential risks and hazards;
(b) you will comply with all statutory requirements applicable to the provision of
Services in New South Wales;
(c) the vehicle meets the Vehicle Standards as required in New South Wales;
(d) at all times while providing Services, you will display a Aussie Drive sign or any
other authorised sign in accordance with the applicable statutory requirements as
they relate to New South Wales; and
(e) the registered vehicle has at all times the correct compulsory third party
insurances to provide Services as required by law in New South Wales.
You must notify Aussie Drive immediately and cease providing Services if any of the
warranties provided in (a) to (e) of this Schedule becomes untrue, any notifiable
occurrence occurs or you are charged with a disqualifying offence as each of those
terms are defined in the Point to Point Transport (Taxis and Hire Vehicles) Regulation
2017 (NSW).
Schedule 1B: Victoria Region Schedule
This Schedule 1B applies to you if you are a Driver-partner in Victoria. It applies in
addition to your obligations under the Terms.
You warrant and agree that:
(a) you hold the required accreditations and vehicle licences required to provide
Services in Victoria;
(b) you will comply with all statutory requirements applicable to the provision of
Transport Services in Victoria including under the Commercial Passenger Vehicle
Industry Act 2017 (Vic) and Commercial Passenger Vehicle Industry Regulations
2018 (Vic);
(c) the vehicle meets the Vehicle Standards as required in Victoria;
(d) at all times while providing Services, you will display a Aussie Drive sign or any
other authorised sign in accordance with the applicable statutory requirements as
they relate to Victoria; and
(e) the registered vehicle has at all times the correct compulsory third party
insurances to provide Services as required by law in Victoria.
You must notify Aussie Drive immediately and cease providing Services if any of the
warranties provided in (a) to (e) of this Schedule becomes untrue.
Schedule 1C: Queensland Region Schedule
This Schedule 1C applies to you if you are a Driver-partner in Queensland. It applies
in addition to your obligations under the Terms.
You warrant and agree that:
(a) you hold the required accreditations and vehicle licences required to provide
Services in Queensland;
(b) you will comply with all statutory requirements applicable to the provision of
Transport Services in Queensland including under the Transport Operations
(Passenger Transport) Act 1994 (Qld), Transport Operations (Passenger Transport)
Regulation 2018 (Qld) and Transport Operations (Passenger Transport) Standard
2010 (Qld);
(c) the vehicle meets the Vehicle Standards as required in Queensland;
(d) at all times while providing Services, you will display a Aussie Drive sign or any
other authorised sign in accordance with the applicable statutory requirements as
they relate to Queensland; and
(e) the registered vehicle has at all times the correct compulsory third party
insurances to provide Services as required by law in Queensland.
You must notify Aussie Drive immediately and cease providing Services if any of the
warranties provided in (a) to (e) of this Schedule becomes untrue.
Schedule 1D: Western Australia Region Schedule
This Schedule 1D applies to you if you are a Driver-partner in Western Australia. It
applies in addition to your obligations under the Terms.
You warrant and agree that:
(a) you hold the required accreditations and vehicle licences required to provide
Services in Western Australia;
(b) you will comply with all statutory requirements applicable to the provision of
Transport Services in Western Australia including under the Transport (Road
Passenger Services) Act 2018 (WA) and Transport (Road Passenger Services)
Regulation 2019 (WA);
(c) the vehicle meets the Vehicle Standards as required in Western Australia;
(d) at all times while providing Services, you will display a Aussie Drive sign or any
other authorised sign in accordance with the applicable statutory requirements as
they relate to Western Australia; and
(e) the registered vehicle has at all times the correct compulsory third party
insurances to provide Services as required by law in Western Australia.
You must notify Aussie Drive immediately and cease providing Services if any of the
warranties provided in (a) to (e) of this Schedule becomes untrue.
Schedule 1E: South Australia Region Schedule
This Schedule 1E applies to you if you are a Driver-partner in South Australia. It
applies in addition to your obligations under the Terms.
You warrant and agree that:
(a) you hold the required accreditations and vehicle licences required to provide
Services in South Australia;
(b) you will comply with all statutory requirements applicable to the provision of
Transport Services in South Australia including under the Passenger Transport Act
1994 (SA) and Passenger Transport Regulations 2009 (SA);
(c) the vehicle meets the Vehicle Standards as required in South Australia;
(d) at all times while providing Services, you will display a Aussie Drive sign or any
other authorised sign and any other required signs including but not limited to vehicle
inspection labels in accordance with the applicable statutory requirements as they
relate to South Australia; and
(e) the approved vehicle has at all times the correct compulsory third party
insurances to provide Services as required by law in South Australia.
You must notify Aussie Drive immediately and cease providing Services if any of the
warranties provided in (a) to (e) of this Schedule becomes untrue.
Schedule 1F: Australian Capital Territory Region Schedule
This Schedule 1F applies to you if you are a Driver-partner in the Australian Capital
Territory. It applies in addition to your obligations under the Terms.
You warrant and agree that:
(a) you hold the required accreditations and vehicle licences required to provide
Services in the Australian Capital Territory;
(b) you will comply with all statutory requirements applicable to the provision of
Transport Services in the Australian Capital Territory including under the Road
Transport (Public Passenger Services) Act 2001 (ACT) and Road Transport (Public
Passenger Services) Regulation 2002 (ACT);
(c) the vehicle meets the Vehicle Standards as required in the Australian Capital
Territory;
(d) at all times while providing Services, you will display a Aussie Drive sign or any
other authorised sign in accordance with the applicable statutory requirements as
they relate to the Australian Capital Territory; and
(e) he approved vehicle has at all times the correct compulsory third party
insurances to provide Services as required by law in the Australian Capital Territory. You must notify Aussie Drive immediately and cease providing Services if any of the
warranties provided in (a) to (e) of this Schedule becomes untrue.
Schedule 2: New Zealand Region Schedule
This Schedule 2 applies to you if you are a Driver-partner in New Zealand.
You warrant and agree that:
(a) you hold a Full New Zealand Driver’s Licence with a Passenger Endorsement, as
required to provide Services in New Zealand, and your Driver Identification Card will
be displayed correctly at all times;
(b) you will comply with all statutory requirements applicable to the provision of
Transport Services in New Zealand including under the Land Transport Act 1998, the
Land Transport Driver Licensing Rule (1999), the Land Transport Rule: Work Time
and Logbooks 2007, and the Land Transport Rule: Operator Licensing 2017. (c) the vehicle meets the Vehicle Standards as required in New Zealand, including a
current Certificate of Fitness, vehicle licence, and displays a current Small
Passenger Service Licence card;
(d) at all times while providing Services, you will display a Aussie Drive sign or any
other authorised sign in accordance with the applicable statutory requirements as
they relate to New Zealand; and
(e) the registered vehicle has at all times compulsory third party insurance
You must notify Aussie Drive immediately and cease providing Services if any of the
warranties provided in (a) to (e) of this Schedule becomes untrue.
You will comply your obligation (if applicable) to register for GST under the Goods
and Services Tax Act 1985 and provide us with proof of GST registration, and
provide us with your GST number and company name (if applicable). By using the
Driver App, you warrant that you are compliant with the Goods and Services Tax Act
1985 and have a valid GST number. If you are legally obliged to, but do not register
for GST and/or you do not provide a valid and current GST number, you must not
use the Driver App. You must immediately notify us if you cease to be registered for
GST or you change your GST number. If you are required but cease to be registered
for GST then you must not use the Driver App.