These General Terms set forth the main terms and conditions applying to and governing the agreement between you (hereinafter referred to as you or Driver) and Taxify OÜ, a company incorporated in Estonia (registration code 12417834) of Vana-Lõuna tn 39/1, Tallinn, Harju county, 10134 Republic of Estonia (we, our or us) governing the use of the Taxify App and the Website.
In order to access and use the Taxify App you must agree to the terms and conditions that are set forth below.
1.1 Affiliate means an with respect to any particular entity (First Entity), an entity or individual that Controls, is controlled by, or is under common Control with, the First Entity.
1.2 ABN means Australian Business Number.
1.3 Control in this context means the ability to direct the policies or operations of an entity, whether by contract, ownership of equity interests, or otherwise.
1.5 Customer means a person requesting Transportation Services by using the Taxify mobile application.
1.6 Customer Charges has the meaning given in clause 6.6.
1.7 Fare means the fee a Customer is obliged to pay you for provision of the Transportation Services.
1.8 General Terms means this document.
1.9 GST has the same meaning as in the GST Act.
1.10 GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
1.11 In-app Payment means a payment made by the Customer via the Taxify App for the Transportation Services. The In-app Payment may be made by using credit card or debit card or any other electronic payment method enabled by Taxify.
1.12 Intellectual Property Rights means all intellectual property rights at any time recognised by law, including: (a) patents, copyright (including future copyright), circuit layout rights, designs, trademarks, designs and business names, whether registered or not, trade secrets, know-how and other intellectual property rights, but not including Moral Rights; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a).
1.13 Specific Terms means the additional terms at the end of these General Terms, which apply in the State in which you supply the Transportation Services.
1.14 Taxify App refers to the Taxify Drivers App, which the Drivers use to receive and accept requests and manage Transportation Services.
1.15 Taxify Driver's Portal means a portal containing relevant information and documents regarding your usage of the Taxify App in course of provision of Transportation Services, including accounting documentation. You may access Taxify Driver's Portal at http://partners.taxify.eu by entering your user name and password.
1.16 Taxify Fee means the fee you are obliged to pay to Taxify for the right to download, access and use the Taxify App, as well as the Customer Charges and other amounts included in the fee as specified in the Agreement. Taxify Fee consists of a fee in relation to Transportation Services provided to each Customer.
1.17 Taxify Services means services that Taxify and/or its Affiliates provide you, including provision and maintenance of the Taxify App and the Taxify platform, client support, mediation of the payments and communication between you and the Customer or other similar support services as described in the Agreement.
1.18 Transportation Services has the meaning given in clause 2.2.
2.1 The Taxify App provides a digital marketplace that allows you to receive requests from the Customers interested in using the passenger transportation provided by you.
2.2 For the purposes of the Agreement, the transportation services provided by you to Customers that are matched through the Taxify App shall be referred to as the Transportation Services.
2.3 To avoid doubt, Taxify does not provide Transportation Services. The Transportation Services shall be provided by you as an independent business on your own account to the Customer.
2.4 Accordingly, you are entitled to provide passenger transportation services independently of this arrangement, and to utilise other software services in order to find work, as part of your business on your own account. Indeed, it is the expectation of the parties that this will occur.
2.5 You agree to pay the Taxify Fee in relation to Transportation Services referred to you through the Taxify App in accordance with clause 6.
2.6 Taxify does not guarantee any number of requests by the Customers and can in no way be considered to be a person acting on behalf or in the name of the Customer. Taxify simply matches you and Customers so that you can provide Transportation Services to the Customer.
2.7 Each Transportation Service provided by you to a Customer shall constitute a separate agreement between you and the applicable Customer, with such agreement becoming effective from the time if and when you agree to and accept the Customer's request for Transportation Services for that Customer. Taxify simply provides the Taxify Services which facilitate the making of such agreements between you and Customers.
3.1 Prior to using the Taxify App you must register an account with Taxify and in doing so you agree to be bound by the Agreement. As part of the registration process you must provide the requested information in the signup application and upload the necessary documentation as required by Taxify on the Website. Taxify may review such registration information and the relevant documentation and shall determine, in its sole discretion, whether or not to accept your account application. You may not provide Transportation Services referred through the Taxify App until your application has been accepted.
3.2 Upon successful acceptance of your signup application, Taxify will provide you with a personal account accessible via the user name and password that you have chosen.
3.3 The user name and password are personal to you and are not transferable without the express written consent of Taxify. The user name and password are the methods used by Taxify to identify users of the Taxify App and Website and are very important. You are responsible for use of the Taxify App or Website and all information posted by anyone using your user name and password. Any breach of security of a user name and password must be notified to Taxify immediately.
3.4 By clicking the 'Sign up' button located at the end of the signup application, you represent and warrant that:
3.4.1 according to law you are entitled to enter into an agreement with Taxify to use the Taxify App;
3.4.2 you have carefully studied, fully understand and agree to be bound by the General Terms and applicable Specific Terms, including all your obligations under them;
3.4.3 all of the information presented to Taxify by you is, and shall continue to be, accurate, correct and complete;
3.4.4 you will not authorise other persons to use your account nor transfer or assign it to any other person without the express written consent of Taxify;
3.4.5 you will not use the Taxify App for unauthorised or unlawful purposes, nor impair the proper operation of the Taxify App;
3.4.6 you will not copy or distribute the Taxify App or other Taxify content without the prior written permission from Taxify;
3.4.7 you will keep you Taxify account accurate and profile information updated at all times;
3.4.8 at all times you will fully comply with all laws and regulations applicable in the state you are providing Transportation Services, including (but not limited to) laws regulating passenger transportation services;
3.5 After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use the Taxify App. This e-mail may require you to provide us with further information, including:
All drivers must hold a valid, unrestricted license. Make sure your image is clear and legible.
If you don't have your passport, please provide your Australian Birth Certificate.
To qualify to drive, the vehicle must be registered.
All vehicles must be insured for a minimum of third party property damage, with the driver listed as policyholder or named insured driver. Certificates must show expiry date.
An eSafety or pink slip (or equivalent in the relevant State) inspection report is required for all listed vehicles.
An Australian national police check, conducted by an ACIC accredited agency within the last 30 days, is required. To apply for one, please click here: https://goo.gl/e6LEAC
Every driver is required to send us a copy of their recent driving record report. For NSW drivers, this can be obtained here: https://goo.gl/omvfyQ
Please provide a clear portrait picture (not a full body picture) of yourself. It should show your full face, front view, with eyes open.
A copy of your authority to provide ride sharing services in your state is required. (eg. in NSW, this would be your Driver Authority Card or your Passenger Transport License Code).
3.6 You must also comply with any Specific Terms applicable to the State in which you will provide the Services. The Specific Terms appear at the end of these General Terms. The failure to comply with the General Terms or the Specific Terms will result in termination of the Agreement and your right to use the Taxify App. You may not provide Transportation Services until you have met the requirements and conditions specified in the General Terms and the Specific Terms relevant to you.
3.7 Registering an account as a company. If the registered user is a company, the company is the party to the Agreement and is responsible and liable for any acts or omissions of any employee, agent, officer, director or subcontractor of the company that uses the Taxify App or Website as if they were the registered users acts or omissions. You must ensure that before any natural person that uses the account of the Driver that natural person has read and agrees to be bound by the Agreement. YOU AND A NATURAL PERSON USING YOUR TAXIFY ACCOUNT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH OF THE AGREEMENT, OR OTHER ACT OR OMISSION, OF THE NATURAL PERSON WHEN USING YOUR TAXIFY ACCOUNT.
3.8 You acknowledge that we own all Intellectual Property Rights in any report or document provided to us by any third party including reports on your vehicle obtained by us under clause 3.5. You are not entitled to reports generated for our compliance purposes.
4.1 Subject to your compliance with this Agreement, Taxify hereby grants you a non- exclusive, non-sublicensable, non-transferable license to access use the Taxify App and the Website in accordance with these General Terms.
4.2 All Intellectual Property Rights in the Website, Taxify App and the respective content and any related documentation for each of them, existing anywhere in the world belong to Taxify or its licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Taxify's prior written consent.
4.3 All of Intellectual Property Rights of the Taxify App and Website, including software code and database are licensed, not sold, to you, and are owned by Taxify (or its Licensors) and protected by copyright and/or trade secret laws and international treaty provisions. You do not acquire any rights of ownership to the Taxify App and Website, its content or any related documentation. Taxify reserves all rights in and to the Taxify App and Website, its content and any related documentation except as expressly set out in this Agreement.
4.4. In course of using the Taxify App and/or the Website you may not:
4.3.1 decompile, reverse engineer, or otherwise attempt to obtain the source code of the Taxify App and/or the Website;
4.3.2 modify the Taxify App or Website in any manner or form or to use modified versions of the Taxify App or Website;
4.3.3 transmit files that contain viruses, corrupted files, or any other similar Taxify App or programs that may damage or adversely affect the operation of another person's computer, Taxify Services, Website, Taxify App or hardware, or telecommunications equipment;
4.3.4 attempt to gain unauthorized access to the Taxify App, Website or any other Taxify Services; or
4.3.5 publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content.
4.4 Using tags and labels of Taxify. Additionally, Taxify and/or its Affiliates may give you tags, labels, stickers or other signs that refer to Taxify or otherwise indicate that you are using the Taxify App. Taxify grants you a non-exclusive, non-sublicensable, non-transferable license to use such signs and you may only use them for the purpose of indicating that you are providing Transportation Services via the Taxify App. After termination of the Agreement you must immediately remove and discard any signs that refer to Taxify or its brand.
5.1 You agree that, by accepting a request for Transportation Services from a Customer, you are entering into an agreement with that Customer to provide the Transportation Services (Supplier Contract).
12You agree to provide Transportation Services in accordance with these General Terms and any Specific Terms as well as laws and regulations applicable in the State where you are providing Transportation Services. Please note that you are fully liable for any violation of any relevant laws and regulations that apply to the provision of the Transportation Services.
5.3 Under the Supplier Contract, you must, in addition to other obligations:
5.3.1 in undertaking the Transportation Services, convey the Customer from their collection point to their point of destination, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);
5.3.2 have all licenses (including a valid driver's license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. Taxify reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications as well as their renewals;
5.3.3 abide by the traffic regulations at all times. This means, among else, that you may not operate the Taxify App while driving and your car must be fully parked while interacting with the Taxify App;
5.3.4 provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer's request in the best interest of the Customer. Without limiting the foregoing, you (i) must take the route least costly for the Customer, unless the Customer explicitly requests otherwise; (ii) may not make any unauthorised stops; and (iii) may not have any other passengers in the vehicle other than the Customer and the people accompanying the Customer.
5.4 Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smart device and mobile data plan. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Taxify App may cause you to consume a large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
5.5 Fares. You are entitled to charge a fare for each instance you have accepted a Customer via the Taxify App and completed the Transportation Service as requested (Fare). The Fare is calculated based on a default base Fare, the distance of the specific travel as determined by the GPS-based device and the duration of the specific travel and any other fixed costs that relate to the journey including, without limitation, any tolls, other fees (such as fees payable to airport operators), Customer Charges and levies. Please bear in mind that the default base Fare is the recommended Fare as presented in the Taxify App. The default base Fare may fluctuate based on the local market situation and demand. The Fare includes any GST payable for the Transportation Services you supply to Customers.
5.6 Taxify may adjust your Fare for a particular order completed, if we detect wrongful activity by you (such as taking a longer route, not stopping the fare calculation under the Taxify App after the Transportation Service has been completed or claiming a Fare where the Driver and the Customer have directly pre-arranged Transport Services) or if a technical error affecting the final Fare is identified. Taxify may also reduce, withhold or cancel the Fare if we have reasonable cause to suspect wrongful activity or a complaint by the Customer indicates wrongful activity by you. Taxify will only exercise its right to reduce, withhold or cancel the Fare in a reasonable and justified manner.
5.7 Receipts. After each successful provision of Transportation Services, Taxify shall create a receipt consisting of the route, Fare, time and other relevant information of a particular ride. You will be able to access the receipt of each ride from Taxify Driver's Portal. Any corrections that you wish to make to Fare calculation must be submitted via Fare Review application accessible on the Taxify App. If a Fare Review has not been submitted, Taxify and its Affiliates shall have no obligation to recalculate the Fare and reimburse you any error in Fare.
5.8 Cancellation Fee. If the Customer cancels the request for Transportation Services after 5 minutes or does not utilise the Transportation Services (e.g. a 'no show'),
Taxify shall on your behalf have the right to request a penalty up to A$5 (including GST) from the Customer. Taxify has a discretion in deciding whether to collect the cancellation fee or not on your behalf. If Taxify collects the cancellation fee on your behalf, it set off the Taxify Fee against the cancellation fee and the balance (if any) shall be forwarded to you within 14 days as of its collection.
5.9 If, in the course of receiving Transportation Service, a Customer or its co-passengers negligently damage your vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to smell), you have the right to request the Customer to pay an amount of $50 (including GST) and request further compensation for any damages exceeding this amount. If the Customer does not consent to paying the penalty and/or compensating you for the damage, you must notify the Affiliate or Taxify (depending on who provides the Taxify Services in the local region) of the matter at hand. Any such notification must be presented to Taxify or Affiliate within 24 hours and be accompanied by pictures or other sufficient proof of damage. Taxify will then try to collect the damages and/or relevant costs on your behalf from the Customer. However, please bear in mind that Taxify is not taking any liability for direct or indirect damage caused by Customers.
5.10 Your tax obligations.
5.10.1 You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (if applicable) (i) holding a valid registration for GST; (ii) paying income tax, or any other tax applicable; and (iii) fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of Transportation Services as required by the applicable law. Additionally, it is your obligation to provide Taxify with all relevant tax information, including (among else) your ABN. Please note that Taxify may in its reasonable discretion and based on applicable tax law, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information directly to the applicable governmental tax authorities on your behalf. For the avoidance of doubt, Taxify is not responsible for any PAYG withholding, superannuation, employee entitlements or remittance of any tax on your behalf.
5.10.2 Only drivers that are carrying on an enterprise for GST purposes are entitled to be Drivers and provide the Transportation Services. The GST law requires any such Driver to be registered for GST. For GST purposes, you declare that you are registered for GST. You agree to provide evidence to Taxify that you are registered for GST where requested to do so by Taxify. You warrant that:
220.127.116.11 you are carrying on an enterprise for GST purposes;
18.104.22.168 you have a valid ABN, are registered for GST and have provided Taxify with your correct ABN; and
22.214.171.124 you will immediately notify Taxify in writing if you cease to be registered for GST or your ABN details change.
5.11 Your authorisation to issue invoices.
5.11.1 You hereby authorise Taxify to prepare and issue to itself invoices, tax invoices and adjustment notes on your behalf in order to compensate you any expenses, referral fees, contractual penalties or other fees that you are due from Taxify. Upon its issuance, the invoice will be immediately made available to you via the Driver's Portal.
5.11.2 You warrant that you will remit to the ATO any GST listed on tax invoices and adjustment notes issued by Taxify on your behalf under clause 5.11.1 and, on request by Taxify, will provide evidence to Taxify that you have complied with this warranty.
5.11.3 Since all Drivers are required to be registered for GST, Taxify assumes that all Fares charged to Customers are subject to GST. You authorise Taxify to prepare and issue tax invoices to Customers for Transportation Services on your behalf. Tax invoices issued will be in your name and with your ABN. Taxify relies on information provided by you as specified in clause 5.10.2 to prepare such invoices. You acknowledge that Taxify is not responsible for the accuracy of the information provided on the tax invoices issued to Customers and that you are responsible for the validity of the tax invoices issued by Taxify on your behalf.
6.1 In order to use the Taxify App, you are obliged to pay to Taxify a fee (ie the Taxify Fee). The Taxify Fee is paid based on the Fare of each Transportation Service order you have completed and may include any levy or charge payable by Taxify to any government agency or authority or any Customer Charge. The amount of the Taxify Fee is made available to you via e-mail, Taxify App, Driver's Portal or other pertinent means. Please acknowledge that the Taxify Fee may change from time to time. Taxify shall send you a prior notification of each such change.
6.2 Under clause 5.10.2, you declare and warrant that you are registered for GST. The following clauses are intended to ensure that Drivers that are not registered for GST in contravention of clause 5.10.2 are responsible for paying any applicable GST on the Taxify Fee.
6.3 The Taxify Fee and any other amounts paid or consideration provided to Taxify under the Agreement are exclusive of GST.
6.4 Under Division 83 of the GST Act, you agree to pay the GST on all taxable supplies made by Taxify to you under or in connection with the Agreement. This clause 6.4will cease to apply where Taxify gives notice to you in writing that the clause will cease to apply.
6.5 Where Taxify makes a taxable supply to you under or in connection with these terms in respect of which GST is payable, you must pay Taxify an additional amount equal to the GST payable on the supply. The additional amount must be paid by you at the same time as any consideration for the taxable supply is first paid or provided. Taxify will provide you with a tax invoice in accordance with the GST Act. This clause 6.5 does not apply to supplies that are subject to reverse charge under clause 6.4.
6.6 Taxify may pay levies, fees, charges or similar amounts in respect of the Taxify Services or the Transportation Services (Customer Charges). Without limiting such charges, examples of Customer Charges include State Government levies and credit card surcharges. Taxify does not charge Customer Charges directly to Customers. Taxify is entitled to charge you the Customer Charges that it incurs and the Customer Charges will be added to the Taxify Fee payable by you to Taxify. The Customer Charges will also be added to the Fares charged to Customers (plus any GST thereon).
7.1 You are obliged to provide your own bank account details in the course of filling out the payment details upon registration. Taxify or its Affiliates will transfer In-app Payment fees to the bank account you have provided. Taxify and/or its Affiliates are not liable for any incorrect money transactions where you have provided incorrect bank account details.
7.2 Taxify may enable its Customers to pay for the Transportation Service via In-app Payment. You hereby authorise Taxify to act as your collection agent solely for the purpose of collecting, on your behalf, the Fares, applicable taxes or other amounts paid by the Customer via In-app Payment (which include any other fixed costs that relate to the journey including, without limitation, any tolls, other fees (such as fees payable to airport operators) and levies). You additionally agree that any payments made by the Customers via the In-app Payment shall be considered the same as payments made directly to you.
7.3 Taxify will regularly transfer the amounts collected as In-app Payments, which have been credited to the Taxify's bank account in the preceding week, to your bank account by the 4th day of the following week, but in no case later than within two weeks except where the amount owing is less than $20. Where the amount owing is less than $20, Taxify will pay you when the amount owing next exceeds $20 or where this agreement is terminated. Where this agreement is terminated, Taxify will pay you whatever amount is owing. The Taxify Fee shall be deducted from your Fare. If you request a review of the In-app Payment, then Taxify may transfer the amounts collected after it has concluded the review.
7.4 You are entitled to review In-app Payment reports in the Taxify Driver's Portal. Taxify will send weekly In-app Payment & Driver's account balance to your e-mail. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Taxify Fee.
7.5 Subject to clause 7.6 below, please note that Taxify is not obliged to pay you the Fare due from the Customer if the In-app Payment failed because Customer's credit card or mobile payment is reversed, cancelled or is unsuccessful for reasons not attributable to Taxify. If this occurs, we will help you in requesting the Fare due from the Customer, and we will transmit it to you as set out above. If Taxify is unable to collect the Fare, Taxify may decide to pay you the full Fare or part of the Fare if Taxify considers it is reasonable to do so. In any event, Taxify will not pay more than $150.
7.6 You are responsible for the risk of non-payment of Fares for Extensive Journeys. We will help you in requesting the Fare due from the Customer for a Extensive Journey in the event of non-payment, and we will transmit it to you as set out above if collected. If Taxify is unable to collect the Fare for a Extensive Journey from a Customer after making one attempt to do so, no further payment will be made to you by Taxify. In this clause, an Extensive Journey means a Customer journey in excess of 150km in distance or two hours in duration.
7.7 Before providing Transportation Services, you must verify that the service is being actually provided to the Customer or that the Customer has expressly confirmed that it allows the passenger to ride under its account. If you make a mistake in identifying the Customer, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services, Taxify shall reimburse the Customer for the Fare. In these circumstances you are not entitled to receive the Fare from Taxify. Additionally, for every wrongfully applied In-app Payment Taxify shall be entitled to charge you an administration fee of up to $10.
7.8 You hereby warrant that you understand that In-app Payment does not supersede the requirements established by the laws and regulations, for example, an obligation to provide the Customer with a receipt printed out on the printer.
7.9 You must notify Taxify of any important circumstances which may affect Taxify's obligations to collect and distribute the Fares paid via In-app Payment.
7.10 Please note that Taxify may set off any Fares paid via In-app Payment against the Taxify Fees (including any levies) that you are obliged to pay to Taxify.
8.1 In order to guarantee high-quality service via the Taxify App and provide additional reassurance to our Customers, you hereby acknowledge that the Customers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Taxify account and available to prospective Customers as part of Taxify's service. The Customer is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a particular rating or comment to not be in good faith, we may remove it. You should contact Taxify if you have any issues with the ratings or comment you are provided with.
8.2 In addition to the rating, Taxify measures your level of activity and provides you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service orders.
8.3 You hereby acknowledge that in order to provide reliable services to Customers Taxify may determine a minimum average rating and a minimum activity score that all Drivers must establish and maintain. Taxify will notify you of these minimum requirements. If you fall below these minimum requirements, we may request that you improve these scores. If you do not increase your average rating or activity score above the minimum within the prescribed time period, your Taxify account may be suspended either temporarily or permanently. Taxify may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
9.1 Market overviews. Taxify may send you, via the Taxify App, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Customer is highest. Please note that these market overviews are merely recommendations. As the market overview estimations are based on previous statistics, Taxify cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
9.2 Campaigns promising minimum income. Taxify may also provide campaigns, whereby Taxify will guarantee a minimum income if you provide Transportation Services within a specified timeframe and shall compensate the gap, if you do not reach such minimum. The specific requirements and conditions will be sent from Taxify via the Taxify App, SMS, e-mail or other means. Taxify has full discretion in deciding if, when and to which Drivers it enables such campaigns. If Taxify has reasonable cause to suspect any wrongful activity by you, it may withhold your Fare until the issue has been investigated and checked by Taxify.
9.3 Campaigns for Customers. Taxify may also occasionally arrange various campaigns to Customers in order to market the Taxify applications, whereby the Fare paid by the Customer is reduced. In such case Taxify will notify you about specific campaign terms and in most cases shall pay you compensation, amounting to the monetary value of the benefit offered to the Customer (that is, the difference between the amount that the you should have received and actually receive due to the marketing campaign). Such compensation shall be paid you concurrently with payment of the Fares. Taxify may set off the marketing compensation against the Taxify Fee. Taxify may elect not to pay this amount to you if Taxify suspects that there has been any wrongful activity by you, including where the Driver and the Customer have directly pre-arranged Transport Services in order to receive this benefit. Taxify may also carry out other campaigns for Drivers and/or the Customers under the terms accompanying the specific campaign.
10.1 You hereby acknowledge and agree that Taxify does not provide Transportation Services, and that Taxify is not a transportation service provider.
10.2 The Transportation Services are provided by you as a business on your own account, and accordingly you shall not be regarded as an employee or worker or Taxify in respect of the services provided.
10.3 Taxify and its Affiliates do not control or direct your provision of Transportation Services. You have the sole right to decide when and for how long to utilize the Taxify App and whether to accept the Customer's request received via the Taxify App. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.
10.4 You, Taxify and its Affiliates hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Taxify or Affiliate. The parties also agree that no joint venture or partnership exists between you and Taxify or its Affiliates. You may not act as an employee, agent or representative of Taxify or its Affiliates nor bind them to any contract.
11.1 Taxify collects personal data such as names, addresses, telephone numbers, e-mail addresses and location based information only with the permission of the data subject and only for the purpose necessary to enable the intended functioning of the Software and the communication.
11.3 Transmitting your geo-location and other information to Customers. In order to provide Taxify Services, we collect your geo-location information while you are using the Taxify App. This means that we monitor and track your geo-location and may share your current location via the Taxify application to the Customers in order to provide them the Taxify Services. Additionally we will provide Customers your name, vehicle information and license plate number for your identification and safety reasons. If you would like your geo-location data and other information not to be available to Customers, you must close the Taxify App or indicate in the Taxify App that you are currently not offering Transportation Services.
11.4 Your right to process personal data of Customers. You may not process the personal data of the Customers without the permission of Taxify. You may not contact any Customer or collect, record, store, grant access, use or cross-use the personal data provided by the Customers or accessible to you via the Taxify App for any reason other than for the purposes of fulfilling the Transportation Service request.
12.1 The Taxify App, its content and functionality is provided on an 'as is' and 'as available' basis. To the fullest extent permitted by law, Taxify and its Affiliates exclude and disclaim to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law. Taxify and its Affiliates do not represent, warrant or guarantee that access to the Website or Taxify App will be uninterrupted or error free.
12.2 Nothing in the Agreement excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
12.3 If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (Non-Excludable Provision), and Taxify is able to limit your remedy for a breach of the Non-Excludable Provision, then Taxify's liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to one or more of the following at Taxify's option:
12.3.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
12.3.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
12.4 As the usage of Taxify App for requesting passenger transportation services depends on the behaviour of Customers, Taxify and its Affiliate do not guarantee that your usage of the Taxify App will result in any requests for Transportation Services.
12.5 To the maximum extent permitted under the applicable law, Taxify and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Taxify App, including but not limited to:
12.5.1 any direct or indirect property damage or monetary loss;
12.5.2 loss of profit or anticipated savings;
12.5.3 loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
12.5.4 loss or inaccuracy of data; and
12.5.5 any other type of loss or damage.
12.6 Taxify will strive to remove unwelcome users of the Taxify App. However, Taxify and/or any of its Affiliates are not liable for the actions or non-actions of the Customers or their co-passengers using the Taxify App and shall not be liable for any loss or damage that you may incur as a result of actions or non-actions of the Customers or their co-passengers.
12.7 You are fully responsible and liable for any breach any applicable laws or regulations and must stop and remedy such breach immediately after receipt of a demand any relevant regulatory authority.
12.8 You shall indemnify Taxify, its Affiliates and their respective directors, officers and employees (Those Indemnified) against all losses, liabilities, fines, penalties, damages, claims and interest, and all related costs and expenses (including any and all legal costs (on a full indemnity basis), and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties) arising out of or in connection with:
12.8.1 any demand, claim, action, proceeding or other enforcement measures brought by any regulatory authority following any failure by you to comply with any law, regulation or the Agreement; and
12.8.2 any demand, claim, action, proceeding by a third party (including Customers) against Those Indemnified related to your provision of Transportation Services or any failure by you to comply with any law, regulation or the Agreement.
12.9 You are obliged to comply with all tax obligations you may incur in relation to fulfilling your obligations arising from the Agreement or providing Transportation Services. You shall indemnify Taxify and/or its Affiliates from all tax liabilities, duties, levies, claims, interest charges and penalties that it incurs as a result of your failure to comply with your taxation obligations.
13.1 The Agreement is effective on the creation of your user account.
13.2 You may terminate the Agreement at any time by notifying Taxify at least seven days in advance.
13.3 Taxify may terminate the Agreement at any time and for any reason at the sole discretion of Taxify by notifying you at least seven days in advance.
13.4 Taxify is entitled to immediately terminate the Agreement and block your access to Taxify App without giving any advance notice if you breach the Agreement, any applicable laws or regulations, disparage Taxify or its Affiliates, or cause harm to Taxify or its Affiliates' brand, reputation or business as determined by Taxify in its sole discretion. In the aforementioned cases Taxify may, at its own discretion, prohibit you from registering a new account or take other necessary steps to stop you from providing Transportation Services.
13.5 Taxify may also immediately block your access to the Taxify App and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. Taxify shall only use the right described herein in good faith.
13.6 Upon termination of the Agreement for any reason all rights granted to you under this Agreement shall cease, you must cease all activities authorised by the Agreement, and you must delete or remove the Taxify App from your device. Clauses 1, 5.10, 6, 12, 13, 15.1 of these General Terms and any other General Terms and Specific Terms which by their nature are intended to survive shall survive any termination of expiry of the Agreement.
14.1 Taxify may make changes to the Agreement. Any changes to the Agreement shall become effective after they have been made available to you via e-mail, Taxify App or Driver's Portal and you have continued to provide Transportation Services, unless prescribed otherwise in the Agreement.
14.2 In order to amend these General Terms, Taxify shall post a revised version of it on the Website (http://taxify.eu/legal/)) and except in relation to changes required by law which we must implement immediately, we will give you at least 14 days prior notice. If you continue to use the Taxify App, you shall be deemed to have accepted the revised conditions.
15.1 The laws of New South Wales, Australia will apply to all disputes and the interpretation of the Agreement, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. The courts of New South Wales and the Commonwealth of Australia will have non-exclusive jurisdiction over any dispute arising from or related to the Agreement or its subject matter.
16.1 You are obligated to immediately notify Taxify of any changes of your contact information and guarantee to keep the contact information accurate and up to date.
16.2 The contact information of Taxify is available at the Website.
17.1 Any provision of the Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Agreement is not affected.
17.2 The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.
17.3 You agree that in specific cities or countries Taxify may assign any of its obligations arising from the Agreement to its Affiliate or representatives.
17.4 Any notice required to be given under this Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Taxify's Driver's Portal or Taxify App. Any notice which is sent or dispatched in accordance with this clause 17.4 shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Taxify's Driver's Portal or the Taxify App, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
18.1 As one of our services, we may provide you customer support regarding using the Taxify App. The customer support may be provided either by Taxify or its Affiliates as listed on the Website (http://taxify.eu/cities)
19.1 This clause applies where the Taxify app has been acquired from the Apple App Store. You acknowledge and agree that the agreement for use of the Taxify app is solely between you and Taxify, not Apple, Inc. (Apple) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
19.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the Taxify app to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the Taxify app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Taxify app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to Taxify as provider of the Taxify app.
19.3 You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Taxify app or your possession and/or use of the Taxify app, including, but not limited to: (i) product liability claims; (ii) any claim that the Taxify app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to Taxify as provider of the software.
19.4 You acknowledge that, in the event of any third-party claim that the Taxify app or your possession and use of that Taxify app infringes that third party's intellectual property rights, Taxify, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.
19.5 You represent and warrant that (i) You are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19.6 You and Taxify acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your license of the Taxify app, and that, upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions as relates to your license of the Taxify app against you as a third- party beneficiary thereof.
20.1 This clause 20 applies where the Taxify app has been acquired from the Google Play Store.
20.1.1 you acknowledge that the Terms of Service is between you and Taxify, and not with Google, Inc. (Google);
20.1.2 your use of the Taxify app must comply with Google's then-current Google Play Store Terms of Service;
20.1.3 Google is only a provider of the Google Play Store where you obtained the Taxify app;
20.1.4 Taxify, and not Google, is solely responsible for its Taxify app;
20.1.5 Google has no obligation or liability to you with respect to the Taxify app or the Terms of Service; and
20.1.6 you acknowledge and agree that Google is a third-party beneficiary to the Google Terms of Service as it relates to the Taxify app.
21.1 You must hold insurance providing cover of at least $5,000,000 against liability in respect of damage to third-party property caused by or arising out of the use of a vehicle in respect of which the policy applies. The policy must be issued by a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.
22.1 You must not under any circumstances record audio of any person travelling in your vehicle.
22.2 You may only install a security camera in your vehicle where the Specific Terms expressly permit you to do so or where you are permitted to do so by law. You may not access or download recordings unless permitted by law.
23 NEW SOUTH WALES
If you are providing Transportation Services in New South Wales, then the following specific provisions apply to you. In clause 19, references to the Point to Point Regulations are references to the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW).
23.1 You must comply with all safety standards specified under the Point to Point Regulations.
23.2 You must identify and keep a record of:
23.2.1 the reasonably foreseeable hazards that could give rise to risks to health and safety to drivers, passengers and other persons in connection with the provision of the service,
23.2.2 the control measures taken to eliminate or minimise those risks,
23.2.3 the measures taken to maintain control measures.
23.3 The record kept under clause 19.2 must include:
23.3.1 particulars of measures taken by the driver to comply with safety standards referred to under clause 19.1; and
23.3.2 particulars of any notifiable occurrences that are required to be reported by the provider to the Commissioner. In this section, a notifiable occurrence means (i) an accident or incident associated with the provision of a passenger service that has, or could have, caused significant property damage, serious injury or death, or (ii) an accident or incident that results in an injury that is treated by an ambulance officer or results in the injured person being treated at a hospital, (iii) a collision involving a vehicle being used for a passenger service that results in damage to the vehicle that is sufficient to prevent the completion of the journey in that vehicle, (iv) a mechanical or other fault in a vehicle being used for a passenger service that is sufficient to prevent the completion of the journey in that vehicle, (v) an incident involving a driver, passenger or intended passenger of a vehicle being used for a passenger service and that results in a complaint to the police containing allegations of sexual assault, indecent exposure, actual assault or physical threats or other intimidation, (vi) an incident involving the conduct of a driver while driving a vehicle being used for a passenger service that results in the driver being charged with a major offence within the meaning of the Road Transport Act 2013 (NSW).
23.4 The vehicle you use to provide the Transportation Services must, at all times comply with the following:
23.4.1 the vehicle must be regularly and properly maintained so that it meets the requirements in Part 5 of, and Schedule 2 to, the Road Transport (Vehicle Registration) Regulation 2007 (NSW) for the registration of the vehicle;
23.4.2 maintenance of the vehicle, including any maintenance schedule, is to be consistent with the recommendations of the manufacturer of the vehicle; and
23.4.3 records must be kept, in a form approved by the Point to Point Commissioner, of the maintenance and inspections carried out on the vehicle; and
23.4.4 maintenance on, or repairs to, a vehicle used to provide a passenger service must not be carried out unless the person carrying out the maintenance or repairs is the holder of a licence under the Motor Dealers and Repairers Act 2013 (NSW), or an equivalent authorisation under the law of another State or Territory, to carry out the maintenance or repairs.
23.5 You warrant that:
23.5.1 you have not been found guilty of a disqualifying offence under clause 24 of the Point to Point Regulations;
23.5.2 you are not ineligible to provide a passenger service under clause 25 of the Point to Point Regulations.
23.6 You must immediately notify us if:
23.6.1 any of the warranties in clause 23.5 becomes untrue;
23.6.2 any of notifiable occurrence (as described in clause 23.3.2) occurs;
23.6.3 you lose more than two demerit points against your licence for any single offence and provide details of the offence that caused the loss of demerit points.
23.7 Taxify is entitled to charge you any levy payable by Taxify in respect of the Transport Services provided in New South Wales. The levy will be treated as a Customer Charge and added to the Taxify Fee payable by you, as well as the Fares charged to Customers.
23.8 You consent to us accessing the Driver Vehicle Dashboard administered by the New South Wales Point to Point Commissioner for the purposes of confirming the matters referred to in clause 23.3.2 and 23.5. You may cancel your consent at any time by notifying us in writing at email@example.com. After that, Taxify will not be entitled to check your driver licence details and we will cancel your access to the Taxify App.
24.1 If you are providing Transportation Services in Victoria, then you must hold all accreditations and licences for vehicles required to operate a Transportation Service in the State of Victoria including compliance with the requirements of the Transport (Compliance and Miscellaneous) Act 1983 (Vic).
24.2 You must comply with all conditions of any licence held by you, including the following conditions that apply in respect of your vehicle pursuant to section 144(1) of the Transport (Compliance and Miscellaneous) Act 1983 (Vic):
24.2.1 that the vehicle is maintained in a fit and serviceable condition; and
24.2.2 that you comply with all other statutory requirements with respect to (i) the manner in which and the persons by whom the vehicle may be driven; (ii) the number of passengers that may be carried in the vehicle; (iii) the construction, equipment and condition of the vehicle; and (iv) all limitations on hours of driving.
24.3 You must immediately notify Taxify if:
24.3.1 you no longer hold the required authorisation or licence (as the case may be); or
24.3.2 you lose more than two demerit points against your licence for any single offence and provide details of the offence that caused the loss of demerit points.
25.1 If you are providing Transportation Services in Queensland, then you must hold all accreditations and licences for vehicles required to operate a Transportation Service in the State of Queensland including compliance with the requirements of the Transport Operations (Passenger Transport) Act 1994 (Queensland) and the Transport Operations (Passenger Transport) Regulation 2005 (Queensland). This includes a Driver authorisation under section 24 of the Transport Operations (Passenger Transport) Act 1994 (Queensland) and a Booked Hire Service Licence for your vehicle.
25.2 You must also hold the correct Compulsory Third Party insurance for the class of vehicle used to provide the Transportation Services, as required by the Queensland Department of Transport and Main Roads.
25.3 At all times while providing Transportation Services, you must comply with the identification requirements under section 63 of the Transport Operations (Passenger Transport) Regulation 2005 (Queensland). You must not have the identification visible when you are not available to provide Transportation Services.
25.4 You must immediately notify Taxify if you are charged with a disqualifying offence or you no longer hold the required Driver authorisation or licence for your vehicle (as the case may be).
25.5 You may install an approved security camera in your vehicle used to provide Transport Services in Queensland.
25.6 Use and installation of the approved security camera must comply with the requirements in Transport Operations (Passenger Transport) Regulation 2005 (Queensland). You must not download recordings from the approved security camera under any circumstances. Only the Queensland Police Service or persons authorised by the Department of Transport and Main Roads may download recordings.
25.7 Vehicles fitted with an approved camera system must have the sign approved by the Queensland Government notifying riders of the use of the approved security camera.
26.1 If you are providing Transportation Services in Western Australia, then you must hold both the required licence for you as a driver and for the vehicle(s) required to operate a Transportation Service in the State of Western Australia including an Omnibus - Charter Vehicle Licence. You must also comply with all of the requirements of the Transport Co-ordination Act 1966 (Western Australia). You must only use the vehicle which has been nominated in the licence application form and is licensed to provide the Transportation Services.
26.2 You must also hold the correct Compulsory Third Party insurance for the class of vehicle used to provide the Transportation Services, as required by the Western Australian Department of Transport for the provision of the Transport Services.
26.3 You must immediately notify Taxify if you no longer hold the required licence or the licence for your vehicle.
27.1 If you are providing Transportation Services in South Australia, then you must hold all accreditations and licences for vehicles required to operate a Transportation Service in the State of South Australia including compliance with the requirements of the Passenger Transport Act 1994 (South Australia) and the Passenger Transport Regulations 2009 (South Australia) including driver accreditation under section 28 of the Passenger Transport Act 1994 (South Australia) from the South Australian Accreditation and Licensing Centre.
27.2 At all times while providing Transportation Services, you must comply with the vehicle and personal identification requirements under the Passenger Transport Regulations 2009 (South Australia) and have your South Australian driver accreditation with you at all times when providing Transportation Services. You must not have the vehicle identification visible when you are not available to provide Transportation Services.
27.3 If you are the owner of the vehicle used to provide the Transportation Services, you must also hold an operator accreditation under section 27 of the Passenger Transport Act 1994 (South Australia) and comply with the Plan of Operation in place in respect of that vehicle. If you do not own the vehicle, you must comply with the Plan of Operation of the provider of the vehicle used to provide the Transportation Services. You must have the consent of the provider of the vehicle to do so.
27.4 You must not use a vehicle that is not the subject of an operator accreditation to provide the Transportation Services.
27.5 You must, at all times when providing the Passenger Services comply with the Code of Practice: General Passenger Service Drivers applicable in South Australia.
27.6 You must immediately notify Taxify if you no longer hold the required accreditation under clause 27.1 or 27.3 (as the case may be).