Rideshare Services Agreement
Taxi Apps Pty Ltd
Updated 1 December 2016
This Rideshare Services Agreement is between Taxi Apps Pty Ltd ABN 55 149 538 616 (referred to as “we”, “us” or “our”) and an individual registering to “receive requests for professional driving services from Passengers using the GoCatch App” (referred to as “you” or “your”).
We provide a mobile phone software application called GoCatch Driver (“GoCatch App”) and a system which enables users who are logged in as passengers of the GoCatch – Taxi & Rideshare app (“Passengers”) to identify nearby drivers who are registered on the GoCatch App as a Rideshare driver (“Registered Driver”) on a map, connect in real-time, make requests for services to take them from one location to another (“Transportation Services”) and pay for their Transportation Services through the GoCatch App (referred to as the “Rideshare Service”).
The Rideshare Service is designed to give you as much control and ownership over how you manage your work and generally help you to connect with Passengers more efficiently.
In order to use the Rideshare Service and be a Registered Driver, you must agree to the terms and conditions set out in this Agreement (“Terms”). Upon your electronic acceptance of this Agreement via the GoCatch App, you will be legally bound by the Terms of this Agreement.
If you have any questions or feedback on the Rideshare Service, please contact us at firstname.lastname@example.org.
SUMMARY OF IMPORTANT TERMS AND CONDITIONS
Failure to comply with any of the Important Terms and Conditions (Community Standards and Service Expectations) below may result in the termination of this GoCatch agreement and your access to the GoCatch platform.
- Registered Drivers must collect the Passenger after accepting a job;
- Registered Drivers must not engage in rude, abusive or aggressive behaviour under any circumstances;
- Registered Drivers must not contact a Passenger to determine their destination upon accepting a job;
- You will never contact a Passenger after the trip has completed, other than for the return of lost property;
- Passengers expect and require you to provide a professional and courteous service to Passengers at all times and understand that the Passenger is the Customer;
- All Rideshare jobs have a maximum duration of 90 minutes. Drivers must not accept or complete one or more jobs with the same Passenger or group of Passengers, which would collectively exceed this maximum;
- If you do not collect an Advanced Booking Passenger (typically used for Airport Trips) you will be charged a $50 non-collect fee;
- You may only issue Passenger Referral Codes to introduce new unrelated Passengers who regularly use taxi or rideshare booking services and your use of referral codes and voucher credit by Drivers, family members or is strictly prohibited;
- You must comply with all our Driver and Vehicle requirements at all times (refer section 2).
1. YOUR USE OF THE RIDESHARE SERVICE
- To use the Rideshare Service you are required to register for an account on the GoCatch App (“Account”).
To register as a Registered Driver, you are required to either own, lease, or otherwise have in your lawful possession, a vehicle which meets:
- the requirements as set out in our Vehicle Requirements (refer section 2.6); and
- any other relevant safety standards, laws or regulations in the State or Territory in which you intend to operate (“Registered Vehicle”)
- In order to register as a Driver with the Rideshare Service you will need to create a login with your email address and a four-digit PIN. Once completed, you will be issued with a Driver ID (“Driver ID”) that will enable you to use the GoCatch App. You are required to keep your login details and Driver ID confidential and must not disclose or share your login details or Driver ID. You must immediately notify us if you suspect that anyone has obtained access to your Driver ID
- Through your Account you will be able to see requests for Transportation Services. Once you accept a Passenger’s request, you must immediately and safely drive to the pick-up location using the quickest and most direct route.
- You acknowledge and agree that Passengers should be transported from the pick-up location to their specified location, as directed by the Passengers, without any unauthorised stops.
- You are responsible for your use of the Rideshare Service and your own behaviour as a Registered Driver. In particular, you must ensure that you comply with all laws, including without limitation, any applicable taxation laws (including GST and ABN laws) and laws which relate to Transportation Services and ridesharing in force from time to time.
You agree that at all times during this Agreement, you will:
- meet all the Driver and Vehicle Requirements in section 2, including without limitation, holding and maintaining all licences, permits, approvals and registrations applicable to you to provide the Transportation Services; and
- provide the Transportation Services in a safe manner with a high degree of care and skill.
You agree that:
- if requested, you will provide us with copies of the licences, permits, approvals and other reasonable information required to meet the Driver Requirements and provide Transportation Services, and failure to do so will result in a material breach of these Terms;
- you may be subject to periodic checks from time to time for compliance with these Terms; and
- we may, at any time, in our sole discretion, deactivate or otherwise restrict you from accessing or using the GoCatch App and/or Rideshare Service if you fail to meet any of the requirements set out in these Terms.
You warrant that:
- you have full power and authority to enter into this Agreement and perform your obligations; and
- by entering into this Agreement you will not be in breach of any agreements with any third parties.
- You warrant that all information that you have provided to us, including without limitation, your passport, working visa, driver’s licence, driver’s authorisation, driving history, vehicle registration and insurance are true, accurate and up-to-date in all respects. If your details or the information changes you must notify us immediately. You can update or correct your details or information at any time via the GoCatch App or by contacting us via email at email@example.com. We reserve the right to terminate this Agreement if you fail to maintain accurate, complete and up-to-date Account information.
During the provision of Transportation Services, you must:
- have a zero blood alcohol level;
- be drug free;
- be wearing a seatbelt; and
comply with all applicable laws and regulations, including without limitation, regulations in relation to the use of:
- mobile devices whilst driving;
- transit lanes; and
- bus lanes.
If, at any time during the provision of Transportation Services, an accident occurs, you must:
- notify us immediately by sending an email to firstname.lastname@example.org;
- take photos of the damage;
- seek help if necessary; and
- provide all information that we request in relation to the accident.
You must not:
- use the GoCatch App to accept any requests for Transportation Services on behalf of any other individual or entity;
- use the GoCatch App to accept any requests for Transportation Services that you cannot or do not intend to honour;
- use the Registered Vehicle to undertake any taxi rank and hail work;
- stop the Registered Vehicle in any taxi, bus or loading zones;
- tout or solicit for a job;
- accept cash payments from Passengers for Transportation Services;
- use the Rideshare Service for any unlawful purpose;
- use the Rideshare Service in any way that interrupts, damages, impairs or makes the Rideshare Service less efficient;
- transfer or attempt to transfer any files which contain viruses, trojans or other harmful programs via the GoCatch App;
- access or attempt to access the accounts of other users of the GoCatch App;
- penetrate or attempt to penetrate any of our security measures;
- use the Rideshare Services to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
- use the Rideshare Services to advertise or promote third party or your own products or services (other than your Transportation Services in the normal course of using the Rideshare Service); or
- perform any act which may damage our reputation or bring our business into disrepute, including without limitation, breaching the Driver Code of Conduct or posting information online about us or our business.
You acknowledge and agree to comply with the following Driver Code of Conduct:
- You will always collect the Passenger after accepting a job;
- You will not engage in rude, abusive or aggressive behaviour under any circumstances;
- You will not contact the passenger to determine their destination address upon accepting a job;
- You will provide a Professional and courteous service to Passengers at all times, having regard to the following guidelines:
Professional Service Characteristics
- Friendly and courteous
- Clean and fresh smelling vehicle
- Professional smart-casual appearance
- Passenger choice of music and temperature
- Provision of mints and/or water (optional)
- Assisting Passengers with their luggage
- Thanking Passengers
Unprofessional Service Characteristics
- Bad body odour
- Dirty, smelly or soiled vehicles
- Unprofessional appearance (e.g. shorts, sleeveless shirts, thongs)
- Not using hands-free to take calls
- Texting while driving
- Personal phone conversations while a Passenger is in the vehicle
- Use of foul language
- Eating or smoking when a Passenger is in the vehicle
- Making Inappropriate comments towards Passengers
- You acknowledge and agree that if you fail to provide a consistent Professional service, as rated by Passengers (90% Thumbs up), then you are likely to lose access to the GoCatch Platform.
You acknowledge and agree that any of the following will likely result in the immediate termination of your account:
- Abusive or threatening behaviour towards a Passenger;
- Any dishonest or fraudulent activity, including Drivers using the system for non-genuine jobs, such as jobs with family members or friends;
- Contacting a Passenger via their mobile phone or text message to determine their destination address upon accepting a job;
- Contacting a Passenger via their mobile phone or text message after a trip has been completed.
2. DRIVER AND VEHICLE REQUIREMENTS
- In order to be a Registered Driver for the Rideshare Service and use the Rideshare Service, you must comply at all times with our Driver and Vehicle Requirements. It is your responsibility to review your compliance with the Driver and Vehicle Requirements (for example review the terms and conditions of your insurance policies to ensure that it provides the amount of coverage as set out in our Driver and Vehicle Requirements and ensure that your insurer is aware that the Registered Vehicle will be used to provide Transportation Services).
- If requested, you agree to provide us with a copy of any documentation we require to show compliance with the Driver Requirements.
- You must notify us if at any time you do not comply with the Driver or Vehicle Requirements (for example, if your insurance policies are cancelled at any time during this Agreement or you no longer comply with any of our Driver or Vehicle Requirements).
All GoCatch Drivers must:
- be at least 21 years old;
- have held an unrestricted Australian driver’s licence for at least 12 months;
- have an iOS or Android smartphone;
- be able to communicate with Passengers in English clearly and effectively;
- agree to and pass any background checks;
- complete a driver training session with us;
- ensure you have all necessary licenses, permits and approvals to provide transportation services to third parties;
- own or have leased a personal vehicle which meets the Rideshare Vehicle Requirements set out in section 2.6;
- not have any criminal history;
- not have had any licence suspensions or cancellations in the past 5 years;
- not have committed any serious driving offences in the past 5 years; and
- meet all of the Driver requirements published by the official transport authority in the State or Territory in which they intend to operate in, as updated from time to time.
- You agree that we, in our absolute discretion, will determine whether someone is able to communicate in English clearly and effectively. Where applicable, we will also take into account Passenger feedback. Account validation, suspension and termination is subject to final review by our staff.
All GoCatch Vehicles must:
- have 4 outward opening doors with external handles;
- be a medium-sized hatchback, sedan or larger;
- be no older than 7 years old from the current year and have no more than 150,000kms on the odometer;
- have seats and working seat belts for the Driver and a minimum of 4 passengers;
- be registered in the driver’s name OR be registered in a business name where the driver is named on the business’ insurance policy;
- be registered in the State or Territory in which you intend to operate;
- be covered by Compulsory Third Party Personal Injury insurance, including for commercial Ridesharing Purposes;
- be covered by Third Party Property or Comprehensive insurance, including for commercial Ridesharing Purposes;
- be in very good condition i.e. must not have any significant internal or external wear and tear, such as, but not limited to, upholstery stains or significant body scratches or dents. Whether or not a vehicle is in very good condition will be subject to our absolute discretion;
- not have any non-compliant aftermarket modifications;
- not have any significant commercial branding;
- not be a convertible, ex-taxi, passenger van, instructor vehicle, or commercial vehicle such as a bus, truck or utility vehicle; and
- be certified as roadworthy and pass any vehicle inspection requirements as laid out by the relevant official transport authority; and
- comply with the vehicle requirements published by the official transport authority in the State or Territory in which they intend to operate, as updated from time to time.
- You confirm and warrant that any vehicle you use on our Platform will comply with all of the above vehicle requirements.
3. CHARGES AND PAYMENT
- Charges for your use of the Rideshare Service are set out in the GoCatch App (inclusive of GST). Such charges may include individual or periodic job access fees, job commissions, payment processing fees and/or an account management fees. We reserve the right to update these charges at any time on 7 days’ prior notice.
- Each Passenger receiving a Transportation Service will be charged a fare (“Fare”). Passengers will pay this Fare via the GoCatch App.
- All Rideshare jobs have a maximum duration of 90 minutes. Drivers must not accept or complete one or more Rideshare jobs with the same Passenger or group of Passengers, which would collectively exceed this 90 minute maximum.
The fees payable to you for a Transportation Service will be the Fare less:
- any fees or commission for your use of the Rideshare Service;
- any chargebacks where a Passenger disputes the services you provided and we reasonably believe you have not taken reasonable steps to avoid the dispute; and
- any fees, costs or expenses in connection with card schemes, online payment providers such as PayPal, or other financial institutions which are required to be paid.
- In the event that your Registered Vehicle has been soiled or damaged in excess of normal wear and tear by a Passenger, you may be entitled to claim from the Passenger a cleaning fee of up to $120.00 (“Cleaning Fee”). To make a claim for the Cleaning Fee, you must, immediately after the provision of the Transportation Service:
You appoint us in a limited capacity as your payment collection agent solely in relation to Fares for Transportation Services, and we will pay the fees that are payable to you directly to your nominated bank account. For the purpose of a Transportation Service you agree that:
- the payment of the Fare by a Passenger to us, in our capacity as your limited payment collection agent, shall be considered the same as a payment by the Passenger of the fees payable to you; and
- we will on your behalf issue a tax invoice to Passengers in respect of the Transportation Services provided by you within 2 business days.
We aim to provide payment to you within 4 business days. We may withhold or delay payments to you in situations where:
- a Passenger denies authorising or we have reasonable grounds to suspect that the Passenger did not authorise the relevant transaction;
- there is a pending investigation in which a transaction is considered to be fraudulent or otherwise suspicious;
- we reasonably believe that a transaction may be fraudulent, or involves criminal activity;
- we reasonably believe that a transaction has been created with a friend, another driver, a family member or via a fake passenger account;
- a transaction requires validation with a card issuer;
- we reasonably believe that a Passenger is owed a refund of all or part of a Fare in connection with a Transportation Service;
- we reasonably believe that you are in breach of these Terms; or
- you either fail to provide your nominated bank account details, or provide incorrect bank account details.
- You agree to co-operate with and support us in the event of a dispute over any transaction.
- You acknowledge that payment providers may ask that either they or we conduct an audit of your activities to ensure compliance with these Terms and the use of the Rideshare Service. You agree to co-operate fully with any such audit and agree that you will:
- co-operate in relation to any financial crime screening that is required; and
- assist us in complying with any laws and card or financial institution rules or policies.
4. ADVANCED BOOKINGS
- GoCatch offers Passengers the ability to make bookings for times in the future. If you accept an Advance Booking you agree that:
- If you do not collect the passenger you will be charged a $50 non-collect fee.
- If you fail to confirm via the app that you are on time to collect the passenger, the booking will be cancelled and you will be charged a $50 non-collect fee.
- If the passenger cancels the accepted booking within 24 hours of the agreed pickup up time they will be charged a $10 cancellation fee which will be credited to your account.
5. REFERRAL PROGRAMS
- GoCatch operates a Driver and Passenger referral program with the aim of introducing new Drivers and Passengers to the Platform. From time to time, GoCatch also offers Driver job incentives.
- You acknowledge and agree that you will only issue Passenger Referral Codes to introduce new Passengers who regularly use taxi or rideshare booking services in your local GoCatch core servicing areas as outlined on our website.
- You acknowledge and agree that the use of referral codes and voucher credit by yourself, family members or other Drivers is strictly prohibited.
- You acknowledge and agree that we have absolute discretion in determining which Passenger accounts and jobs are considered to be eligible for our referral program.
- We reserve the right to suspend, restrict or terminate your access to the Rideshare Service and withhold any job related payments, if at any time we believe that you have not complied with the above terms and conditions.
- Referrals are capped at $50 ($10 per passenger referred) over a rolling 90 day period.
6. TERM AND TERMINATION
- This Agreement commences from the date that this Agreement is accepted by you via email or other electronic means and will continue until terminated in accordance with this clause.
You may terminate this Agreement at any time by:
- making a request that your Account be closed via the GoCatch App; or
- emailing us at email@example.com.
- We may terminate these Terms and close any account that you have with us, for any reason, by giving you 1 business days’ notice in writing.
We may terminate these Terms and close any account that you have with us, immediately and without notice, if you:
- commit a material breach of any of your obligations under these Terms or our Driver Code of Conduct; or
- fail to, or no longer meet any of the Driver Requirements.
- We reserve the right to suspend, restrict or terminate your access to the Rideshare Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This does not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
7. INTELLECTUAL PROPERTY
- For the duration of this Agreement, we grant you a royalty-free, non-exclusive and non-transferable licence to use the GoCatch App for the purpose of using the Rideshare Service and providing Transportation Services (“IP Licence”)
- You have no right to sub-licence the IP Licence.
- You acknowledge and agree that the IP Licence grants you no rights in relation to our copyright, trademarks or other intellectual property rights, including without limitation, rights in and to logos, graphics, photographs, animations, videos, software, applications and website, or the intellectual property of our partners, other than the non-transferable, personal right to use and receive the Rideshare Service and provide Transportation Services, in accordance with these Terms.
- We own the copyright which subsists in all creative and literary works displayed in the GoCatch App.
8. CONFIDENTIAL INFORMATION
“Confidential Information” includes:
- information about the business and its structure;
- information about the GoCatch App or Rideshare Service;
- marketing and promotional plans;
- financial information;
- technical information; and
- other non-public information.
Each party agrees:
- not to disclose Confidential Information to any third party ;
- to use all reasonable endeavours to protect the Confidential Information from unauthorised disclosure; and
- to only use the Confidential Information for the purpose for which it was disclosed or provided.
The obligations in clause 8.2 do not apply to Confidential Information that:
- is in the public domain through no act or omission of the receiving party;
- is received from a third party; or
- must be disclosed by law or a regulatory authority.
9. PRIVACY STATEMENT
By registering as a Registered Driver, you acknowledge and consent to our collection of your personal information including, but not limited to:
- your name;
- contact details including mobile phone number and email address;
- your location; and
- financial information (such as your bank account details).
- Your personal information is collected in accordance with the Privacy Act 1988 (Cth).
Your personal information may be used for the purposes of:
- registering and managing your Account;
- providing you with the Rideshare Service or offers in relation to the Rideshare Service;
- placing you in contact with potential passengers and jobs;
- processing payments to you (where applicable);
- contacting you in respect of any queries or complaints;
- for our internal business management including accounting;
- sending you material, including without limitation, promotional materials;
- complying with our legal or regulatory obligations; or
- for any other purposes you may reasonably expect.
From time to time, your personal information may be disclosed to:
- our staff and third parties in order to provide you with the Rideshare Service;
- to third parties, agents, contractors or suppliers who assist us in the provision of the Rideshare Service (for example, payment processors, website hosting service providers, information cloud storage service providers);
- law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; or
- other platforms to which you have asked us to interface.
- Your personal information is hosted by Amazon on servers located in Australia.
10. CONSUMER GUARANTEES, LIMITATION OF LIABILITY AND DISCLAIMERS
- The Rideshare Service comes with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by these Terms. Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.
- To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Rideshare Service is limited to us re-supplying the Rideshare Service to you or, at our option, refund to you the commission you have paid us for the Rideshare Services to which your claim relates.
We are an introductory service only. We provide a platform to connect you with Passengers and facilitate payment for Transportation Services. You acknowledge and agree that:
- we do not endorse or verify the identity of any user of the Rideshare Service;
- we do not perform any background checks on the Passengers;
- we make no representations that your use of the Rideshare Service will result in a request for Transportation Services;
- any arrangements made for the provision of Transportation Services is between you and the relevant Passenger only;
- we are not a party to any arrangements between you and any Passenger except in our limited capacity as your payment collection agent; and
- we are not responsible for a Passenger’s behaviour, actions or inactions.
- We provide the Rideshare Service to you on an “as is” and “as available” basis. We do not represent, warrant or provide any guarantees in relation to the availability or uptime of the Rideshare Service, nor do we represent, warrant or provide any guarantee that your access to or use of the GoCatch App or Rideshare Service will be uninterrupted or error free. The GoCatch App and Rideshare Service are subject to limitation, delays and other problems which are inherent in the use of internet and electronic communications. We accept no responsibility for any delays, delivery failures or other losses or damages which you may suffer as a result of such problems.
- You acknowledge that whilst we take reasonable steps to ensure the information provided to you through the Rideshare Service is accurate, we accept no responsibility for and make no representations or warranties to you or to any other user as to the reliability, accuracy or completeness of the information provided through the Rideshare Service. We recommend that you maintain your own records and use your discretion when acting on information received through the Rideshare Service.
You acknowledge and agree that we are not liable for:
- your actions, inaction, acts or omissions, in your capacity as a provider of Transportation Services;
- the operation and maintenance of the Registered Vehicle;
- the actions or inactions of any Passengers or other users of the Rideshare Services;
- loss caused by our breach of these Terms which does not arise in the natural and ordinary course of events, or which exceeds $1,000;
- loss of revenue, profit, goodwill, reputation, opportunity, data or information arising out of your access and use, or inability to access or use, the GoCatch App and/or Rideshare Service;
- a failure to provide the Rideshare Service or meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control (for example, a network or third party software failure).
You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
- any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete;
- your breach of any applicable laws and regulations;
- your breach of any of the Terms; or
- a misuse of the Rideshare Service by you.
- This clause will survive the termination of this Agreement.
12. DISPUTE RESOLUTION
If you wish to:
- provide us with any feedback;
- make a complaint in relation to the Rideshare Service; or
- make a complaint about other users of the Rideshare Service,
please email us at firstname.lastname@example.org.
- Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms.
- You acknowledge and agree that you will not, for the duration of this Agreement, make any disparaging comments about us on social media or any public forum.
- Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
- Relationship of the parties. The relationship between the parties under this Agreement is that of independent contractors. This Agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties.
- Assignment. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 6.2, you may terminate your agreement with us at any time.
- No waiver. Any delay by us in exercising a right under these Terms do not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.
- Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- Amendment. We may amend these Terms from time to time in order to reflect changes to the Rideshare Service (including the GoCatch App) in which case we will give you reasonable notice either by email or via the GoCatch App. Your continued use of the Rideshare Service constitutes your acceptance of the changes and your consent to be bound by the amended Terms. As set out in clause 6.2, you may terminate your agreement with us at any time.
- Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address. Any notice delivered by you to us under this Agreement will be delivered by you emailing us at email@example.com.
- Governing law. These Terms are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts operating in New South Wales.