Driver Terms & Conditions

 

 

Between:           TowncarsNOW Pty Ltd ACN 632 745 272

And:                   The person registered online as the Driver

Whereas:

  1. TowncarsNOW provides a chauffeured driven service for all clientele, including corporate and private customers.
  2. TowncarsNOW will engage a fleet of luxurious vehicles and accredited professional drivers for all their transport services, as Drivers.
  3. The Driver professes to be an experienced professional driver in the transport industry.
  4. TowncarsNOW wishes to appoint the Driver, and the Driver wishes to accept that appointment, on the terms and conditions in this Agreement.

In consideration for the appointment of the Driver by TowncarsNOW, and the acceptance of that appointment by the Driver, the parties agree as follows:

  1. The Driver is an independent contractor, and nothing in this agreement will have the effect of making the Driver an employee of TowncarsNOW.
  2. When performing the services, the Driver agrees to apply best practice standards, at all times.

 

Driver Application Procedure

Initial Registration:

  1. The Driver agrees that at all times during the term of this agreement he will have a valid mobile telephone number, and that he will notify TowncarsNOW of a change to the number within 24 hours of the change.
  1. To activate the driver profile, the Driver must provide TowncarsNOW with the following:

–            A copy of his Current Driver’s Licence

–            A copy of his Hire Car Qualifications

–            A copy of his Vehicle Registration

–            A copy of his CTP Insurance

–            A copy of his Vehicle Insurance

–            Vehicle Maintenance history

–            The Driver’s ABN, and confirmation that he is registered for GST

–            Details of his Smartphone Device, to which the telephone number referred to in clause 3 is registered

–            Customer Feedback Acknowledgement

  1. The Driver must be able to upload copies of the relevant documents to be sent to, and approved by, TowncarsNOW.

 

Aggregation:

  1. The Driver has the option to mark real-time availability.
  2. The Driver has the ability to view ride details, which includes complete details of ride, such as booking name, customer name, ride details, icon to get directions to pick up/drop off location.
  3. The Driver has the ability to accept/reject the ride request, but at all times must act reasonably when making a decision
  4. The Driver must provide TowncarsNOW with the reasons for rejecting a ride request, if requested to do so by TowncarsNOW, and must provide the reasons within 2 hours of being requested to do so.
  5. The Driver must update the job status in real time (such as the Driver’s location; the estimated time to the pickup location; whether the customer has been picked up or dropped off; etc).
  6. The Driver must add in any Toll Charges and/or Airport Parking Fees, if applicable. Exact total value must be added in additional charges (pop-up) at the end of the ride. Accuracy in these additional charges is critical and will be audited.
  7. The Driver acknowledges that the waiting time shall be computed, based on the information provided by the Driver, and agrees that he will therefore ensure that that information will be correct.
  8. The Driver acknowledges that distance calculation logic in the app. works primarily via GPS and agrees that GPS functionality shall be available on all devices used by the Driver.

Referral:

  1. The Driver has the ability to share unique referral links with other drivers or clients.

 

Notification:

  1. The Driver ability to get push notifications, which includes new ride request and cancellation by client.

 

Service Fees:

  1. TowncarsNOW drivers will be paid weekly via Electronic Funds Transfer (EFT) to their    nominated bank account. Processing of driver payments will be made every Monday based    on work generated from Sunday to Saturday. Payments generally takes 1 to 2 days to receive,    depending on which bank you are with.    It is the drivers’ responsibility to supply their referred bank details for payment   (TowncarsNOW is not responsible for incorrect bank details).
  2. This remittance advice serves as a tax invoice and therefore TowncarsNOW does not require    any driver invoices.
  3. Commission will apply on every trip: The First 6 months from TowncarsNOW launch, will attract a 22% commission rate on every trip. Thereafter 6 months of the TowncarsNOW launch, a 25% commission rate will apply on every trip.
  4. Monthly app charges: –  First 3 months free –  After 3 months, a weekly charge of $4.50 will apply per driver.

Please Note: You, as the driver, acknowledge and agree that TowncarsNOW may adjust the service fee or monthly app charges at their discretion.   TowncarsNOW will inform you with a minimum of 21 days’ notice should this occur. It is up to the driver if they want to continue with this   agreement or not from the date the changes are implemented. 

 

Payments:

  1. The Driver has the ability to view earnings via the platform.
  2. Weekly payments will be made by electronic funds transfer (EFT) to the Driver’s nominated bank account. Processing of driver payments will be made every Monday based on work generated from Sunday to Saturday. Payments generally takes 1 to 2 days to receive, depending on which bank you are with.
  3. Depending on the Driver’s bank facility, payment can be expected within 3 business days.
  4. The Driver will receive a weekly remittance advice showing the full amount deposited to the Driver’s account and the total number of trips completed.  This will be regarded as a Tax Invoice.

 

Navigation:

  1. The Driver has the ability to get directions to the pickup and drop off location and will be directed to the Google Maps app on their phone to assist in navigating to the pickup and drop off locations.

 

Review/Feedback:

  1. The Driver has the ability to give a 5-star rating and feedback to the customer once the ride is completed.

 

Extra Features:

  1. The Driver shall be able to:

(a)           view and edit their profile, which shall include the Driver’s first name, email address, mobile telephone number, registration number, make and colour of his vehicle, and a profile picture.

(b)           view past bookings by logging in to screen view and by using the booking ID to obtain the date and time of a ride, the customer’s name, the status of the ride, and the pickup and drop off addresses.

(c)            sign out of the application.

 

TowncarsNOW’s Responsibilities

  1. Subject to the Driver’s rights under The Competition and Consumer Act 2010 or any other Commonwealth or State legislation governing this agreement (if any), TowncarsNOW will not be liable, whether in tort, or otherwise, for any accident, injury, loss or damage to persons or property of any kind caused by, or contributed to by the Driver, even where the damage is caused by, or contributed to by any delay or failure by TowncarsNOW, particularly if it results from matters beyond TowncarsNOW’s control.

 

Fatigue Management

  1. The parties agree that it is imperative that the Driver will mot drive whilst fatigued, and toward that end the parties agree that:

(a)           They will both comply with obligations imposed on them by relevant Workplace Health and Safety legislation;

(b)           The driver shall not drive more than 12 hours in any 24-hour period, and will ensure that there is a 12-hour gap between shifts;

(c)            They will assess the Driver’s shifts objectively, in an attempt to identify and manage work-related fatigue issues, and shall use whatever tools are available to them, such as using driver-monitoring software and by adopting a risk-management approach, based on Australian Standard AS4360.

(d)           The Driver will be provided with training during, both during induction and throughout the term of this agreement, designed to assist drivers in addressing shift-work and fatigue-related issues.

(e)           The Driver will not drive if he has done anything during his off-work hours, including, but not limited to, activities that cause fatigue, or which result in a lack of sleep, or which in any way will detrimentally impair the Driver’s performance.

 

DRIVER COMMUNICATION

  1. The Driver acknowledges that he is always expected to communicate with his passengers and members of the public in a professional manner, the Driver and agrees that whenever he is driving for TowncarsNOW he will be:

(a)           Helpful;

(b)           Patient;

(c)            Respectful; and

(d)           Understanding.

  1. The Driver must use his best endeavours to understand his passengers’ requirements and to clarify any issues that he does not understand. The Driver acknowledges that in order to fulfil this requirement he must ensure that, so far as is possible, he can confirm the passenger’s gender, age, disability, length of journey, or any other distinguishing factor.
  2. The Driver must do everything possible to provide the passenger with a quality experience that meets your passengers’ expectations, including determining:

(a)           where they need to go;

(b)           whether they have a particular route that they wish to take and, so far as it is possible, and doesn’t materially affect the expected duration of the trip, taking that route; and

(c)            If they have any special requirements (such as, for example, if they prefer to have the air conditioning or radio on or off, etc).

  1. A failure by the Driver to comply with the above standards may result in the deactivation of the driver from the TowncarsNOW software platform, but only if the Driver fails to rectify the conduct that led to the complaint within a reasonable time of being given the opportunity of doing so.

 

Driver Personal Presentation & Attire

  1. The Driver agrees that as a TowncarsNOW driver he must ensure that he adopts TowncarsNOW’s standard dress code, which is formal business attire, and that the following dress standards apply:
  • The Driver must wear a dark suit in the following colours: black, navy blue and dark grey (jeans are unacceptable).
  • The Driver must wear polished black shoes and a black leather belt.
  • The Driver acknowledges that ties are preferable, but not mandatory.
  • The Driver acknowledges that white shirts are preferable, but not mandatory.
  • The Driver must ensure that personal jewellery will be kept to a minimum. If the Driver is unsure how to comply with this requirement, please contact TowncarsNOW;
  • The Driver must pay attention to personal hygiene and must always be clean and tidy.
  • Neatly trimmed beards are acceptable.

 

Vehicle Presentation

  1. All Vehicles must:

(a)           be clean and washed on a regular basis.

(b)           not smell of smoke or food (no smoking in vehicle).

(c)            not have overt religious or other symbols on display.

(d)           look neat and tidy, without any debris or clutter in the interior.

(e)           not have any visible damage.

(f)            not have any wheels or rim damage

(g)           be properly maintained, to ensure reliable and smooth travel

 

Security

  1. The ownership of and the intellectual property rights of the products shall remain with TowncarsNOW at all times.
  2. The Driver may not remove any copyright, trademark or other proprietary notices from any portion of the TowncarsNOW Platform.
  3. The Driver may not copy or mirror any portion of the software services.
  4. The Driver may not reproduce, modify, publicly display, transmit, broadcast, resell or distribute any portion of the software services.
  5. The driver may not recrate and clone any data within the software platform.

 

Safety Devices

  1. Seatbelts must be fitted to the Driver’s vehicle and must be used by the Driver and by all passengers whilst the vehicle is in motion.  The Driver shall be liable for any failure by the Driver or by the passenger to use the seatbelts correctly.

 

Alcohol / Smoking and Illegal Substances/Materials

  1. The Driver acknowledges that Government legislation strictly prohibits smoking and the carriage or taking of illegal materials and substances in all licensed public vehicles and agrees that he will not drink alcohol beverages or take or consume illegal substances or tobacco products while in or driving the Vehicle.

 

Text Messaging

  1. The Driver agrees that:

           (i)    by creating a profile on the TowncarsNOW platform he consents to TowncarsNOW sending him text (SMS) messages as part of the normal business operation; and that

           (ii)   the Driver will not check his phone or send or read text messages while he is driving the vehicle.

 

Social Media Policy

  1. TowncarsNOW encourages drivers to tell the world about their work and to share their passion by the responsible use of social media, and the Driver agrees that when sharing content related to TowncarsNOW:

(i)             the Driver is permitted to talk about his work and to have a dialogue with the community but agrees not to disclose proprietary or confidential information that he has been entrusted with.

(ii)           When commenting on the business, the Driver must state that the views expressed by him are his own, and not those of TowncarsNOW

(iii)          The Driver is personally responsible for the content published by him (Please remember that the internet never forgets, which means that everything published by the Driver will be visible to the world for a very, very long time, and that therefore common sense must prevail at all times.

(iv)          The Driver will respect his audience, and will not use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not be acceptable in the TowncarsNOW app.

(v)           The Driver shall NEVER give a personal opinion that can be construed as judgmental and will NOT talk about politics, religion or causes.

(vi)          The Driver will keep the discussion about the business and the type of information that adds VALUE and is INTERESTING and ENTERTAINING.

(vii)        The Driver will not use his public voice to trash or embarrass his customers, his co-workers or himself.

(viii)      The Driver will not cite or reference clients, partners or suppliers without their approval. When the Driver does make a reference, the Driver must link the reference back to the source.

(ix)          The Driver will keep all communications POSITIVE

(x)           The Driver will not respond to a customer’s complaint with an argument. The Driver must say that he is sorry, as quickly as possible, and shall contact the customer AWAY from the Social Media vehicle and shall handle the problem according to the franchise customer complaint guidelines, which the Driver confirms that he has received.

(xi)          The Driver will never share anything which the Driver wouldn’t say face-to-face, to all parties involved.

(xii)        The Driver will not post or link to any materials that are defamatory, harassing or indecent.

(xiii)      The Driver will not post any confidential or proprietary information regarding the franchise or his clients.

(xiv)      The Driver will never use Social Media to vent his displeasure with TowncarsNOW, or its other drivers.

(xv)        If a negative post or comment is found online about the Driver, the company, or the Driver’s business, the Driver will NOT counter with another negative post. Instead, the Driver will publicly offer to remedy the situation through positive action and will seek the assistance of TowncarsNOW immediately.

(xvi)      The Driver agrees to be proactive, to get involved, and to stay involved with his communities.

(xvii)     The Driver will never criticise TowncarsNOW’s competitors.

(xviii)   The Driver will not share his disagreement with what others post or say.

(xix)       TowncarsNOW reserves the right to delete posts that it believes violates the code of conduct.

 

TowncarsNOW Pty Ltd Website Conditions

  1. www.towncarsnow.com.au is the website of TowncarsNOW. By using this site and or the TowncarsNOW customer app, the Driver agrees to the terms of use set by TowncarsNOW, as set out below. The Internet Privacy Policy relates to the collection and use of personal information the Driver may supply to TowncarsNOW through the Driver’s use of conduct on the web site. The Driver’s continued use of the TowncarsNOW web site and or its facilities constitutes the Driver’s acceptance of the terms in this notice. TowncarsNOW Pty Ltd disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient relying on anything contained in or omitted from its websites or publications.