Terms & Conditions for Drivers

1. Australian Consumer Law & Independent Contractor Protections

1.1. Nothing in these Terms purports to exclude, restrict or modify any right or remedy, or any guarantee, condition or warranty, implied or imposed by the Competition and Consumer Act 2010 (Cth), the Independent Contractors Act 2006 (Cth), or any other applicable Commonwealth or state legislation which cannot be excluded, restricted or modified by agreement.

1.2. These Terms are subject to the unfair contract terms provisions of the Australian Consumer Law. If any term is found to be unfair, it will be void to the extent of the unfairness.

2. Definitions

2.1. AUSZ / AUSZ means AUSZ Global Pty Ltd (ABN 22 638 227 684).

2.2. AUSZ App / AG Driver App means an application created by AUSZ Global Pty Ltd to provide a platform to the Driver to receive and accept requests for Chauffeur Service.

2.3. AUSZ Fees means the fees payable by the Driver to AUSZ under clause 8.

2.4. Chauffeur Service means the Chauffeur Service as defined in clause 4.1.

2.5. Client means a person who uses the AUSZ App or Website to request Chauffeur Service.

2.6. Confidential Information means all information regarding the business interests, property, operations or affairs of AUSZ or a related body corporate, including without limitation:

• client, supplier and distributor lists and information
• the terms of any contract, agreement or business arrangement with any third party
• trade secrets, production information, licences, know-how, technical design or specifications
• costing and selling price information including pricing, credit policies, payment policies and systems
• computer systems, software programs including any designs, upgrades and modifications
• third party information disclosed in confidence
• the terms of these Terms
• any other information considered by AUSZ to be confidential which is not in the public domain

2.7. Default Base Fare means the Fare Schedule under these Terms.

2.8. Fare means the Fare defined in clause 7.

2.9. GST means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

2.10. Intellectual Property means all works, designs, patents, trademarks and confidential information.

2.11. Privacy Policy means the Privacy Policy set out on the Website (as may be varied from time to time).

2.12. Website means AUSZ's website, auszglobal.com.au and any of its subpages, driver portals and webpages as may be varied from time to time.

3. Interpretations

3.1. In these Terms unless the contrary intention appears:

• an obligation assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them severally
• the expression "person" includes an individual, corporation, authority, association, joint venture, partnership and trust
• a reference to any party includes that party's executors, administrators, successors and permitted assigns
• a reference to any document is to that document as varied, novated, ratified or replaced from time to time
• a reference to any statute includes any statutory modification or re-enactment
• words importing the singular include the plural (and vice versa)
• the word 'includes' in any form is not a word of limitation
• a reference to $ or dollar is to Australian currency

4. Chauffeur Service

4.1. AUSZ App/AG Driver App is a digital technology-based platform that allows the Driver to receive requests from the Client for passenger transportation. The transportation services provided by the Driver to the Client that are matched by way of the AUSZ App are referred to as the Chauffeur Service.

4.2. For the avoidance of doubt, AUSZ does not itself provide any Chauffeur Service. The relationship between the Driver, Client and AUSZ is defined in clause 12.

4.3. By providing the Chauffeur Service, the Driver acknowledges and agrees that:

• AUSZ App is a platform that arranges and schedules Clients to the Driver; AUSZ does not guarantee the number of requests for Chauffeur Service
• the Driver provides the Chauffeur Service independently as part of its own business
• each Chauffeur Service constitutes a separate agreement between the Driver and the Client (Service Agreement)
• AUSZ provides a platform to facilitate such Service Agreements

Service Agreement

4.4. Under the Service Agreement, the Driver acknowledges and agrees to:

• enter into a Service Agreement with the Client to provide the Chauffeur Service
• be fully liable for any violation of relevant laws and regulations in the state where the Chauffeur Service is provided
• hold all valid licences, permits, insurance and other documents required by law
• comply with all traffic laws and regulations at all times
• provide the Chauffeur Service in a proper manner, including following route guidance, making no unauthorised stops, and ensuring only authorised persons are in the vehicle
• provide and maintain all equipment and tools at its own expense
• charge only the Fare as calculated by the AUSZ App
• pay all taxes in relation to the Chauffeur Service, including GST registration and income tax
• indemnify AUSZ against claims, loss or damages arising from the Driver's failure to comply with this clause

5. Account Registration

5.1. The Driver must first register an account with AUSZ and upload all required documents on the Website prior to using the AUSZ App.

Registration Process

5.2. The Driver must provide the following (but not limited to):

• current and valid passport
• valid, unrestricted Australian Driver Licence with clear photograph
• vehicle registration certificate
• current valid vehicle insurance certificate with a minimum of $2 million (or $5 million in NSW) third-party property or comprehensive cover, including rideshare extension
• National Police Check Report no later than 30 days from the registration date, conducted by an ACIC-accredited agent
• valid ABN
• any additional documents required by the state in which the Driver intends to operate

5.3. By submitting the application, the Driver warrants that all documents are accurate, true and correct, and that the Driver will not use the AUSZ App for any unauthorised or unlawful purposes.

Approval of the Account

5.4. If approved, AUSZ will issue a non-exclusive, non-sublicensable, non-assignable and non-transferrable account with a unique username and password. The Driver must not authorise, transfer or assign the Account to any third party without written consent from AUSZ.

6. Use of the AUSZ App and Website

6.1. AUSZ grants the Driver a non-exclusive, non-sublicensable, non-assignable, non-transferrable licence to access the AUSZ App and Website to provide the Chauffeur Service.

6.2. The Driver warrants and represents that it will not:

• use the AUSZ App and/or Website to conduct any illegal activity
• claim any Intellectual Property rights over content generated by the AUSZ App
• copy, distribute, republish, transmit, or decompile the AUSZ App without written consent
• attempt to obtain the source code, modify, or gain unauthorised access to the AUSZ App

7. Fare and Payments

Fare

7.1. The Driver will charge a Fare calculated on the Default Base Fare in accordance with the AUSZ App system. The Fare is based on distance travelled (via GPS), duration, and other fixed costs. All Fares are inclusive of GST.

7.2. AUSZ may adjust the Fare at its reasonable discretion if:

• AUSZ reasonably believes the Fare is incorrect or a technical error occurred
• the Client requests a route alteration
• AUSZ reasonably believes the Driver has conducted wrongful activity
• a complaint has been lodged by a Client

7.3. The Driver is prohibited from charging any fare or fees other than the Fare, except a tip paid voluntarily by the Client.

Cancellation Policy

Cancellation by the Client:

• 3+ hours before pick-up: Driver is not entitled to any Fare. Client receives full refund.
• 90 mins to 3 hours before pick-up: Driver is entitled to half of the Fare less AUSZ Fees, up to AU$50.
• Less than 90 mins before pick-up: Driver is entitled to the Fare less AUSZ Fees, up to AU$100.

Cancellation by the Driver:

• 24+ hours before pick-up: No Fare entitlement.
• Less than 24 hours before pick-up: Driver is liable to pay AU$50 administrative fee to AUSZ.

Client No-Show

7.4. If the Client does not appear within 15 minutes of Pick-up Time (or 45 minutes for airport pickups), AUSZ will collect a Waiting Fee of $1 per minute. The Driver must wait at least 30 minutes (after the complimentary waiting period) before requesting a Client No Show.

Vehicle Damage

7.5. If the Driver's vehicle is damaged by the Client's act, omission or negligence, the Driver is entitled to request reasonable compensation. The Driver must notify AUSZ in writing within 24 hours, providing photographs and supporting documents.

Invoices

7.6. The Driver authorises AUSZ to prepare and issue tax invoices on behalf of the Driver. The Driver warrants that it is registered for GST and will remit amounts to the ATO as required.

8. AUSZ Fees

8.1. The Driver must pay a referral commission to AUSZ ("AUSZ Fees") for each Chauffeur Service accepted through the AUSZ App. The Fees are stated in the Default Base Fare and may be varied from time to time with reasonable written notice to the Driver.

8.2. The AUSZ Fees may include:

• any levy or charge payable to any government agency
• airport operator fees
• State Government levies
• child restraint or booster seat fees (if applicable)
• credit card surcharges
• other fees which AUSZ reasonably determines

8.3. The AUSZ Fees are exclusive of GST. The Driver acknowledges that AUSZ makes a taxable supply and GST is payable in addition.

9. Payments

9.1. The Driver must provide nominated bank account details for the payment of the Fare less AUSZ Fees. AUSZ is not liable for incorrect transactions caused by incorrect bank details provided by the Driver.

9.2. AUSZ will transfer the Fare (less AUSZ Fees and any administration fees) credited in the preceding week to the Driver in the following week.

9.3. AUSZ is not obliged to pay the Driver the Fare if the Client's payment is reversed, cancelled or declined for reasons not attributable to AUSZ. AUSZ will use reasonable endeavours to recover unpaid Fares from the Client. If recovery is unsuccessful, AUSZ may at its discretion pay the Driver up to AU$150.00 (inclusive of GST) per incident.

10. Rating System

10.1. The AUSZ App provides a rating system for Clients to rate Drivers. A low rating score may affect the Driver's request rates.

10.2. AUSZ may determine a minimum average rating score. If the Driver falls below this threshold, AUSZ will issue a written notice and provide a reasonable period (not less than 14 days) for the Driver to improve their rating before any suspension is applied.

10.3. The Driver may dispute a rating by providing written notice to AUSZ within 24 hours, including reasons why the rating does not fairly reflect the service provided. AUSZ will review disputed ratings within 7 business days.

11. Liabilities

11.1. Subject to any rights which cannot be excluded by law, the services provided by AUSZ are provided on an 'as is' and 'as available' basis. AUSZ does not guarantee uninterrupted or error-free access to the AUSZ App.

11.2. The Driver is responsible for:

• making all arrangements necessary to access the AUSZ App
• all activities on the AUSZ App under the Driver's account
• any third-party costs (toll fees, internet, petrol, fines)
• any breach of applicable laws or regulations

11.3. The Driver will indemnify AUSZ against all loss or damage arising from the Driver's use of the AUSZ App or provision of the Chauffeur Service, except to the extent caused by AUSZ's negligence or breach of these Terms.

11.4. Subject to any rights which cannot be excluded by law, AUSZ's maximum aggregate liability for any loss or damage in connection with these Terms is limited to the total AUSZ Fees paid by the Driver in the 12 months preceding the claim, or AU$5,000, whichever is greater.

Suspension and Restriction

11.5. The AUSZ App may provide a "Preferred Driver" function. Selected Drivers may have priority in receiving requests, however AUSZ does not guarantee any minimum number of requests.

11.6. AUSZ may suspend, restrict or terminate a Driver's account where AUSZ reasonably believes the Driver has breached these Terms, applicable laws, or poses a safety risk. AUSZ will provide written reasons for any suspension except in cases of immediate safety concerns.

12. Relationship

12.1. The Driver acknowledges and agrees that:

• AUSZ does not provide Chauffeur Service and is not a Chauffeur Service provider
• AUSZ makes no guarantee regarding the number of requests for Chauffeur Service
• AUSZ provides and maintains the AUSZ App to enable independent contractors to receive and fulfil requests
• the Driver has complete discretion to accept or reject requests and to engage in other business activities

12.2. The relationship between the parties does not constitute principal and agent, employer and employee, partnership, trust, or joint venture. The Driver must not represent itself as an employee, agent or representative of AUSZ.

13. Personal Data and GPS

13.1. The Driver consents to AUSZ collecting:

• full name and address
• vehicle details (insurance, registration number)
• contact phone number and email address
• location-based information while the AUSZ App is active

13.2. AUSZ will share the Driver's location and vehicle information with Clients for identification and safety purposes while the Driver is providing Chauffeur Service.

13.3. The Driver must not collect, record, store or use the Client's personal data other than for the sole purpose of fulfilling the Chauffeur Service request. For full details, refer to our Privacy Policy.

14. Termination

14.1. These Terms are effective from the creation of the Driver's Account. The Driver may terminate these Terms at any time by providing at least 10 business days' written notice to AUSZ.

14.2. AUSZ may terminate these Terms by providing 14 days' written notice to the Driver.

14.3. AUSZ may terminate these Terms immediately (without notice) if the Driver:

• commits a material breach of these Terms
• engages in fraudulent, dishonest or criminal conduct
• poses an immediate safety risk to Clients or the public
• has their driver's licence, insurance or other required documentation suspended, cancelled or expired

14.4. Upon termination, the Driver must cease all activities authorised by these Terms and delete the AUSZ App from their devices. AUSZ will pay any outstanding Fares (less Fees) owed to the Driver within 14 business days of termination.

14.5. Clauses 4.4 (Service Agreement obligations), 8 (Fees), 11 (Liabilities) and 15 (Dispute Resolution) survive termination.

15. Dispute Resolution

15.1. In the event of a dispute, the parties agree to first attempt resolution through direct negotiation by contacting AUSZ at info@auszglobal.com.au. AUSZ will acknowledge the dispute within 5 business days and provide a substantive response within 14 business days.

15.2. If the dispute cannot be resolved by negotiation within 21 days, either party may refer the dispute to mediation administered by the Resolution Institute of Australia. The costs of mediation will be shared equally between the parties.

15.3. Nothing in this clause prevents either party from seeking urgent relief from a court, or from making a complaint to the Fair Work Commission, the ACCC, or a relevant state regulator.

16. Amendments

16.1. AUSZ may amend these Terms from time to time. AUSZ will provide the Driver with at least 14 days' written notice of material changes via email or through the AUSZ App.

16.2. If the Driver does not agree to the amended terms, the Driver may terminate these Terms in accordance with clause 14.1. Continued use of the AUSZ App after the effective date of changes constitutes acceptance of the amended terms.

17. Insurance

17.1. The Driver must hold valid insurance at all times, including:

• third party motor vehicle insurance and/or comprehensive insurance with rideshare extension
• minimum coverage of $2 million (or $5 million in NSW, as required by state regulations)
• insurance issued by a corporation authorised under the Insurance Act 1973 (Cth)

17.2. The Driver must provide copies of insurance policies upon request within 2 business days. If insurance lapses or is cancelled, the Driver must immediately notify AUSZ and cease providing Chauffeur Service until valid insurance is restored.

18. State-Specific Requirements

The Driver must comply with all applicable state and territory legislation, including but not limited to:

• Victoria: Commercial Passenger Vehicle Industry Act 2017 (Vic) — the Driver must hold all required accreditations and licences
• New South Wales: Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) — the Driver must be an authorised service provider
• Queensland: Transport Operations (Passenger Transport) Act 1994 (Qld) — the Driver must hold a valid driver authorisation
• Western Australia: Transport (Road Passenger Services) Act 2018 (WA) — the Driver must be registered as an on-demand transport driver

The Driver must maintain all required licences, accreditations and vehicle certifications at all times and immediately notify AUSZ if any are suspended, revoked or expired.

19. Labels and Branding

19.1. AUSZ may provide the Driver with tags, labels, stickers or other signs ("Labels") indicating the Driver uses the AUSZ App.

19.2. Upon termination, the Driver must immediately remove all Labels and return them to AUSZ within 3 business days.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia in respect of any dispute arising under or relating to these Terms.

21. Miscellaneous

21.1. Headings do not form part of these Terms and do not affect their interpretation.

21.2. These Terms constitute the entire agreement between the parties in relation to their subject matter.

21.3. A waiver of a breach must be in writing signed by the waiving party and is limited to the specific instance.

21.4. If any provision is held invalid or unenforceable, the remaining Terms continue in full force.

Default Base Fare Schedule

Contact Information

If you have any questions about these Terms, please contact us:

• Company: AUSZ Global Pty Ltd
• ABN: 22 638 227 684
• Email: info@auszglobal.com.au
• Phone: +61 401 797 797
• Website: auszglobal.com.au