Terms and Conditions

Driver’s Appointment and Nature of the Relationship

  1. The Company will engage you as a Driver for the Business and you agree to provide the Driver Services to the Company. 
  2. You will be engaged to provide Driver services to the Company as an independent contractor, not as an employee.  As an independent contractor, you are not entitled to accrue annual leave, personal/carer’s leave, long service leave or any other employee benefits during your time as a Driver providing Services to the Company.
  3. You must not, without the written approval of the Company bind or commit or purport to bind or commit the Company or pledge its credit for any purpose.

Term ‘ongoing’

  1. Your engagement by the Company will commence on the Commencement Date and will continue until terminated in accordance with these terms and conditions. 

Driver Obligations

  1. To be a Driver, you must:
      1. be at least 21 years old to be a Driver of Passengers;
      2. be at least 18 years old to be a Delivery Driver;
      3. hold a full unrestricted current and valid Australian drivers licence issued more than 12 months ago;
      4. be able to speak reasonable English to enable clear and effective communication with Passengers and/or suppliers and recipients of deliveries;
      5. agree to provide references and pass any background checks the Company may in its discretion complete;
      6. have an IOS or Android phone;
      7. if requested, provide an original National Police Certificate for a National Name Check, issued by the relevant State or Territory Police and being dated no more than 30 days prior to the requested date by TiCKTOC; 
      8. hold a valid Driver Accreditation issued by the relevant authority in your State or Territory;
      9. hold any other necessary licences, permits or approvals required to provide transportation services to third parties;
      10. meet all statutory and legal requirements set by the government, State’s licensing authority or the regulatory authority that has issued the Driver’s Driver Accreditation as amended from time to time;
      11. own or lease a personal vehicle in the Driver’s personal name or a business name owned by the Driver, that meets the requirements to be a TiCKTOC Approved Vehicle;
      12. have an Australian Business Number (ABN) and be registered for GST.

 

TiCKTOC APPROVED VEHICLES

  1. To be a TiCKTOC Approved Vehicle for Passengers, the Driver’s vehicle must:
      1. be a passenger sedan, SUV or wagon or another vehicle as approved by TiCKTOC;
      2. be less than 10 years old unless otherwise approved by TiCKTOC;
      3. be regularly serviced and no less than in accordance with the manufacturer’s recommendations, to ensure the vehicle is maintained in a roadworthy condition and hold, at the time of applying, a current roadworthy certificate for your vehicle;
      4. if requested by the Company at any time, the Driver will provide an up to date roadworthy certificate;
      5. the interior and exterior of the vehicle must meet the requirements of the Vehicle Fair Wear and Tear Policy;
      6. have no less than 5 seats and five working seat belts (one for the Driver and four passengers) unless otherwise approved by TiCKTOC;
      7. be validly registered in the relevant State or Territory where Services will be provided;
      8. have no external or internal commercial branding unless pre-approved in writing by TiCKTOC.  External branding on taxis, identifying the vehicle as a registered taxi service is exempt from this sub-clause;
      9. be owned in the personal name of the Driver or be registered in a business name where the driver is named on the insurance policy as an insured party;
      10. be covered by Compulsory Third Party Personal Injury insurance which includes coverage for commercial ridesharing purposes and must written evidence of such insurance must be provided to TiCKTOC on request;
      11. be covered by Compulsory Third Party Property or Comprehensive insurance which includes coverage for commercial ridesharing purposes and must written evidence of such insurance must be provided to TiCKTOC on request; and
      12. not have any after-market modifications that are illegal or non-compliant with the manufacturer’s specifications or void the manufacturer’s warranty or insurance.
  1. To be a TiCKTOC Approved Vehicle for Deliveries, the Driver’s vehicle must:
      1. comply with the conditions set out in clause 6, except for (f); and
      2. be suitable for use as a delivery vehicle and may be a runner, bicycle, scooter, motorbike, passenger vehicle, truck or another vehicle as approved by TiCKTOC.
  1. Drivers of TiCKTOC Approved Vehicle for Passengers may request TiCKTOC register their vehicle for no more than three (3) Classes.  Registration of the Driver’s vehicle in any Class is subject to TiCKTOC pre-approval.  TiCKTOC reserves the right to withdraw a Driver’s vehicle from registration in any Class if, in TiCKTOC’s reasonable opinion, the Driver’s vehicle no longer meets the eligibility criteria of the Class and/or no longer meets the criteria to be a TiCKTOC Approved Vehicle for Passengers set out in clause 6.

Driver Performance

  1. During the Term, the Driver must:
      1. ensure the Services are performed in a careful, proper, skilful and efficient manner in accordance with the highest professional standards applying to the Services;
      2. ensure all interactions with Passengers are professional, courteous, friendly and do not breach the Company’s policies including without limitation, discrimination, harassment or bullying;
      3. know and obey all road rules including but not limited to speed limits and traffic signals and treat all other road users with respect; 
      4. not allow any other engagement to interfere with or take priority over your performance of the Services;
      5. act with the utmost good faith in all of your dealings with the Company;
      6. ensure that whilst performing the Services you will not intentionally do anything which is or may be harmful to or adversely affect the interests or reputation of the Company or the TiCKTOC group of companies or which is or may be harmful to the Company’s Passengers;
      7. ensure during the Term that he/she is always in compliance with clause 5;
      8. ensure during the Term the Driver’s Vehicle is maintained and all obligations set out in clause 6 to meet the requirements of a TiCKTOC Approved Vehicle are always complied with; 
      9. once a Fare is accepted, a Driver cannot refuse a Fare that is too short or inconvenient;
      10. take the most direct, practicable route unless the Passenger requests otherwise;
      11. comply with all reasonable directions, policies, procedures and standards of conduct given, amended or determined by the Company from time to time, including but not limited to, Behaviour, Professional Service, Harassment, Discrimination, Bullying, Occupational Health and Safety policies; 
      12. comply with all laws and regulations in the performance of the Services;
      13. not delegate or sub-contract out any part of the performance of the Services to another person.  If you delegate or sub-contract any part of the Services to another person you will remain liable to the Company for the performance of the Services, and you will be liable to the Company for the acts, defaults and omissions of any person or entity to whom you delegate or sub-contract the Services as if they were your acts, defaults or omissions. This sub-clause does not apply to the Dispatch of a Fare by a Driver through the Company App; and
      14. not contact a Passenger following completion of a Fare, unless absolutely necessary. Should it be necessary for a Driver to contact a Passenger for any reason, the Driver must email TiCKTOC at driver@ticktoc.net and request assistance. TiCKTOC will advise the Driver the most appropriate course of action/s.

 

Hours and Classes of Vehicle

  1. The Driver agrees and acknowledges:
      1. that nothing in these terms and conditions guarantee a minimum number of engagements, length or consistency of the Services required to be provided by the Driver; 
      2. the Driver may accept Fares from TiCKTOC for up to a maximum of 12 hours in a row (Maximum Time Limit) but must stop accepting Fares once the Maximum Time Limit is reached, as the Driver acknowledges and understands it puts both the Passengers and Driver’s at risk;
      3. when the Driver reaches the Maximum Time Limit, the Driver agrees to rest and wait no less than 8 hours before accepting any Fares from TiCKTOC; and
      4. Drivers with TiCKTOC Approved Vehicle for Passengers registered in higher Classes may accept jobs for a lower Class category.

Misrepresentation

  1. The Driver must not:
      1. at any time, during the Term or after the termination of the Driver’s engagement intentionally make any untrue statement in relation to TiCKTOC;
      2. after the termination of your engagement, represent yourself as engaged by TiCKTOC as a contract up or connected with TiCKTOC in any way.

Location

  1. The Driver will perform the Services in the State or Territory in which they reside and the TiCKTOC Approved Vehicle is registered.

Equipment

  1. The Driver will provide at his/her own expense, all equipment necessary to carry out the Services.

Suspension

  1. TiCKTOC may in its absolute discretion suspend the Driver’s right to perform the Services including, in the following circumstances where TiCKTOC become aware of or suspects:
      1. the Driver is in breach of clause 5, while TiCKTOC investigates and/or the Driver rectifies any breach;
      2. the Driver is in breach of clause 9, while TiCKTOC investigates and, where possible, TiCKTOC clears the Driver of the suspected breach and/or the Driver rectifies any breach;
      3. the TiCKTOC Approved Vehicle no longer complies with the requirements of clause 6, investigates and, where possible, TiCKTOC clears the Driver of the suspected breach and/or the Driver rectifies any breach.

Fees

  1. TiCKTOC will pay you the fees in accordance with the fees set out in this clause (Fees) and as set out in clause 16:

 

      1. Passengers Services

Driver is paid the following Fee for each Driver Fare being, the Driver Fare paid less the Standard TiCKTOC Fee. 

      1. Fare Dispatched via TiCKTOC APP
        Where a Driver refers a Passenger or Delivery to TiCKTOC resulting in a Fare to the TiCKTOC App (Referring Driver) and TiCKTOC dispatches that Fare to another Driver, TiCKTOC will pay to the Referring Driver a Commission on the Fare received by TiCKTOC for the Service Dispatched to another Driver.

 

 

 

 

 

Driver Fee: Passenger Examples

  1. Driver accepts and completes a Business Class job:

Total fare $50.00

Minus TiCKTOC Booking Fee ($2.20)

Balance after Booking Fee $47.80

Standard TiCKTOC Fee @ 15% ($7.17)

PAID to Driver $40.63

 

  1. Driver accepts a Business Class job directly from a client, outside of the TiCKTOC App, and Dispatches it via TiCKTOC’s app for another Driver to complete:

Total fare $50.00

Minus TiCKTOC Booking Fee ($2.20)

Balance after Booking Fee $47.80

Standard TiCKTOC Fee @ 15% ($7.17)

Commission split, you get $3.59

Commission split, TiCKTOC gets $3.58

PAID to Driver completing the job $40.63

 

 

      1. Delivery Fare
        Drivers who accept and complete a Delivery Fare will be paid a Delivery Fee calculated as follows: 

Driver Delivery Fee: Example

  1. Driver accepts and completes a Delivery Fare

Total Fare $20.00

Minus TiCKTOC Booking Fee ($2.20)

Balance after Booking Fee $17.80

Standard TiCKTOC Fee @ 15% $2.70

PAID to Driver $15.10

 

  1. Fees will be paid as follows:
      1. TiCKTOC will issue a weekly report to the Driver via the Driver App, detailing the Services provided for that week (Weekly Report). The total Fee payable in the Weekly Report will be paid into the Driver’s nominated bank account 5 Business Days after the Weekly Report is issued to the Driver where no Notice it received.
      2. The Driver must review the Weekly Report on receipt.  If the Driver has any queries or disputes the contents of the Weekly Report (Query), the Driver must advise TiCKTOC of the Driver’s Query within 5 Business Days of receipt of the issued Weekly Report by emailing the Query to driver@ticktoc.net (Notice). 
      3. TiCKTOC and the Driver must use their best endeavours to resolve the Query within 5 Business Days of receipt by TiCKTOC of the Notice.
      4. If the Driver does not raise a Query within 5 Business Days of receipt of the Weekly Report, the Driver is deemed to have accepted of the Weekly Report and TiCKTOC will pay the Driver the Fees owing in the Weekly Report.
      5. The Fee is the total consideration payable to the Driver for the Services.
      6. Nothing in this letter entitles the Driver to be paid a minimum Fee per week.

 

Profit Share Programme

  1. The first 1,500 Drivers who sign up to the App may opt in to the Profit Share Programme.
  1. TiCKTOC may end the Profit Share Programme at its complete discretion at any time and the terms may be amended by TiCKTOC from time to time. TiCKTOC will notify Drivers via SMS, email or via the TiCKTOC app, of any change to the Profit Share Programme policy

 

Confidential Information

  1. The Driver agrees to keep confidential all of TiCKTOC’s Confidential Information and will not use any Confidential Information or disclose any Confidential Information to any person except:
      1. as required by law;
      2. with the prior written consent of TiCKTOC; or
      3. to TiCKTOC’s agents, employees or advisers in the proper performance of the Driver’s responsibilities and duties under these terms and conditions.
  1. Subject to clause 21, if Confidential Information is lawfully within the public domain then to the extent that the Confidential Information is public, the Driver’s obligations under clause 19, in relation to that Confidential Information ceases.
  1. In the event of uncertainty as to whether:
      1. any information is Confidential Information; or
      2. any Confidential Information is lawfully within the public domain,

that information is taken to be Confidential Information and the Confidential Information is taken to be not within the public domain, unless you are informed by TiCKTOC in writing to the contrary.

  1. You must immediately deliver all Confidential Information which is in physical form, including copies of computer files to TiCKTOC:
      1. on termination of your engagement with TiCKTOC;
      2. at any time upon the request of a person authorised by TiCKTOC.
  1. The obligations under these clauses 19 to 23 survive termination of your engagement with TiCKTOC and are enforceable at any time at law or in equity and continue to the benefit of each Group Company.

Intellectual Property

  1. The Driver acknowledges and agrees that all Intellectual Property is and will be the sole and exclusive property of TiCKTOC.  If the Driver creates any Intellectual Property relating to or in connection with the Services, the Driver further acknowledges and agrees that:
      1. as legal and beneficial owner, the Driver assigns all Intellectual Property to TiCKTOC Technologies Pty Ltd, a company being part of the TiCKTOC group of companies, including all common law and statutory rights and remedies and any rights of action available to you in relation to the Intellectual Property;
      2. full right, title and interest in and to copyright works created by the Driver for or in relation to the Services will vest in TiCKTOC immediately on creation;
      3. as soon as you become aware of information and details related to any Intellectual Property, you will promptly disclose that information and those details to TiCKTOC;
      4. the Driver will promptly execute all documents and at his / her own cost and do all things necessary to vest or assign full right, title and interest in the Intellectual Property in and to TiCKTOC or such other company as TiCKTOC nominates free of all encumbrances, claims and third party rights; and
      5. you grant TiCKTOC or its nominee company (and its licensees, successors in title and authorised agents) an irrevocable consent to do or omit to do any act which would otherwise infringe your moral rights under the Copyright Act 1968 (Cth) in relation to all copyright works you make in the course of providing the Services, whether such act or omission occurs before or after the date of the Driver’s acceptance of these terms and conditions.
  1. The parties agree that, other than as provided in these clauses 24 to 26, nothing in these terms and conditions transfers ownership in, or otherwise grants any rights in any Pre-existing Materials of a party.
  1. You grant to the Company a world-wide, non-exclusive, royalty free, perpetual, irrevocable and transferable licence (including a right of sub-licence) to use and exploit your Pre-existing Materials to the extent required for the full enjoyment by the Company of the Intellectual Property.

Warranty

  1. You warrant to the Company that:
      1. your vehicle complies with conditions set out in clause 6 to be a TiCKTOC Approved Vehicle at the Commencement Date and at all times during the Term;
      2. you comply with all the conditions set out in clauses 5, 6 and 9 at the Commencement Date and will comply with those conditions at all times during the Term;
      3. you advise the Company in writing as soon as possible on discovering you are wholly or part in breach of clauses 5, 6, or 9;
      4. you have not charged, assigned, licensed, encumbered or granted any interest in the Intellectual Property, except as provided in these terms and conditions;
      5. the copyright works created by you, the Driver, in the course of providing the Services (whether created before or during the Term) are original works which are not copied, and which will not be copied, wholly or substantially from any other works;
      6. the use and exploitation (including reproduction, publication, performance, communication and adaptation) by the Company of the Intellectual Property, or any part of the Intellectual Property, will not infringe the copyright or any other intellectual property rights of any third party and does not require any consent from or the making of payment to any person; and
      7. you, the Driver, have full power to enter into these terms and conditions and to give the warranties, representations and indemnities contained in these terms and conditions.

 

Indemnified Taxes

  1. The Driver will pay, or cause to be paid when due and payable, all of the Indemnified Taxes.  The Driver will ensure proper completion and filing with the relevant government authority of all relevant forms and returns and other related documentation in relation to the Indemnified Taxes.
  1. The Driver will indemnify and keep indemnified the Company from and against any liability for the Indemnified Taxes.
  2. If the Company is, becomes or reasonably forms the view that it may be or become liable for the payment of any Indemnified Taxes in respect of the performance of the Services by you, the Driver, the Company may deduct the amount of its liability for the Indemnified Taxes from any amount due to you under these terms and conditions or otherwise.
  3. In addition to any indemnity payment required to be made by you in accordance with clause 30, the Driver must pay any other amount determined by the Company to be reasonably necessary to compensate the Company for any income tax liability, or reduction in income tax losses available to be carried forward, to ensure that the Company’s after tax position is the same (or substantially the same) as it would have been had the Company never been liable for any Indemnified Taxes.

GST

  1. Expressions used in these clauses 32 to 38 which are not defined, but which have a defined meaning in the GST Law, have the same meaning. 
  1. ‘GST Law’ has the meaning given to that expression in the ‘A New Tax System (Goods and Services Tax) Act 1999’.
  2. Unless otherwise expressly stated all consideration to be provided under this document is exclusive of GST.
  3. If GST is payable in respect of any supply made by a supplier under this document, the recipient will pay to the supplier an amount equal to the GST payable on that supply.  The recipient will pay the amount referred to in this clause 34 in addition to and at the same time that the consideration for the supply is to be provided under this document.  
  4. The supplier will provide the recipient with a tax invoice in respect of any supply made by the supplier to the recipient under this document. The tax invoice will be provided to the recipient before the recipient provides any consideration to the supplier under this document for the supply.
  5. Where the recipient is required under this document to pay for or reimburse an expense or outgoing of the supplier, the amount to be paid by the recipient is the amount of the expense or outgoing less any input tax credit in respect of such expense or outgoing to which the supplier is entitled plus any GST payable by the supplier in respect of the supply to the recipient.  
  6. Where at any time an adjustment event arises in respect of any supply made by the supplier under this document, the supplier will provide the recipient with an adjustment note in respect of the adjustment event as soon as practicable after the occurrence of the adjustment event.

Insurance and Indemnity

Insurance

  1. You will:
      1. obtain and keep in force all relevant insurances as the Company may reasonably require; 
      2. provide the Company with a certificate of currency for each insurance when requested by the Company. 

Indemnity

  1. The Driver will indemnify the Company, and continue to hold the Company indemnified, against any:
      1. liability, loss, damage, injury or death sustained by any person or to any property arising out of or in connection with the performance or purported performance of the Services, including where it occurs as a result of, or arising in connection with or from negligence, breach of duty or breach of statute by the Driver or any person employed or engaged by the Driver; and
      2. workers’ compensation or other claims made against the Company that may arise out of or in connection with the performance, the failure to perform or the purported performance of the Services.

Termination 

Termination by either party

  1. Your engagement may be terminated at any time during the Term by the Driver or the Company on the giving of one weeks’ notice in writing to the other party.  

Termination by the Company 

  1. Notwithstanding any other provision in these terms and conditions, the Company may immediately terminate the Driver’s engagement at any time (without a notice period) if the Driver:
      1. become bankrupt or compound with your creditors or any of them or assign your estate for the benefit of your creditors or any of them;
      2. commits a breach of clauses 5, 6,  9 or 10 which are fundamental terms of the agreement between the parties;
      3. the Driver’s vehicle does not comply with the terms set out in clause 6 and the breach cannot be rectified within 10 business days of the Company requesting in writing the breach be rectified;
      4. commit a serious or persistent breach of the provisions of these terms and conditions which is incapable of being remedied to the Company’s reasonable satisfaction;
      5. become a person whose person or estate is liable to be dealt with in any way under mental health law;
      6. are precluded from taking part in the management of a corporation by virtue of any provisions of the Corporations Act 2001 (Cth); or
      7. are convicted of any offence involving fraud or dishonesty or any other offence (including a traffic offence) which is punishable by imprisonment or loss of licence (whether you are imprisoned or not or lose your licence or not).

For the purposes of this clause, a serious breach of these terms and conditions includes the following:

      1. abusive or threatening behaviour towards a Passenger;
      2. any dishonest or fraudulent activity including Drivers using the system for non-genuine jobs, such as jobs driving family members or friends
      3. not holding a valid Driver’s Accreditation;
      4. contacting a Passenger via their mobile phone using any technology available including voice call, face time, text or messenger service to determine their destination address on accepting a job;
      5. contacting a Passenger via their mobile phone using any technology available including voice call, face time, text or messenger service after a trip has been completed, unless authorised by the Company. 

 

Termination by the Driver

  1. If the Company unilaterally changes, replaces or terminates a clause in these terms and conditions in the 30 days following notification by the Company via the Driver App, the Driver may terminate his/her engagement with the Company.  Clauses 44 to 46 will apply if the Driver terminates his/her engagement under this clause.

Compensation 

  1. On termination of your engagement you are not entitled to any compensation or damages from the Company in relation to that termination.  The Company will only be liable to pay that part of the Fee that relates to the Services provided up to and including the date of termination of the engagement.
  1. If your engagement is terminated by the Company or you fail to provide notice in accordance with clause 41, the Company may also:
      1. recover any sums paid to you on account of Services which have not been performed; and
      2. recover from you the amount of any loss or damage sustained as a result of the termination.

Return of Property

  1. On termination of your engagement, you are required to return all Company property in your possession to the Company.

Miscellaneous

Governing law

  1. This letter is governed by and is to be construed in accordance with the laws of Victoria.
  1. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

Severance

  1. Any provision of this letter which is or becomes illegal, void or unenforceable in any jurisdiction will be inef

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