Driver Agreement
Scope and Application
1.1 These Terms and Conditions, along with the Guides and Requirements, constitute the Agreement between you (referred to as "you") and Driver-e Pty Limited (referred to as "Driver-e" or "Company" or "we" or "us"). These terms govern the provision of services by Driver-e to pair restaurants with customers, allowing customers to order food and other items from restaurants for delivery.
1.2 Driver-e facilitates the connection between restaurants and customers through the Driver-e Platform, which includes the mobile application (Driver Application) and the web portal (Driver-e Portal).
1.3 Driver-e has agreed with restaurants to make reasonable efforts to find independent contractors who can collect and deliver food and other items from the restaurants to the customers.
1.4 By applying and logging in through the Driver Application or Driver-e Portal, you indicate your interest in providing services as a driver.
1.5 If we offer you the opportunity to perform services, and you agree to provide them, a separate contract for services will be established.
1.6 By accepting these Terms on the Driver-e Portal or Driver Application, you agree that the Agreement, along with the specific scope of work for each delivery opportunity, will govern each contract for services between you and Driver-e. You confirm that you have read, understood, and considered your obligations and the consequences outlined in these Terms and Requirements. You also acknowledge reading and understanding the Guides available on the Driver-e Portal.
The Services:
2.1 We will advertise available delivery runs on the Driver Application and Driver-e Portal.
2.2 You can register your availability to provide services by signing up for one or more delivery runs.
2.3 While you are logged into the Driver Application during a delivery run, we may offer you delivery opportunities, which you can accept.
2.4 We are not obligated to notify you of a delivery opportunity, and you are not obligated to accept it. You can reject a pooled order during a delivery run.
2.5 If you are unavailable for your registered delivery run, you have the option to unassign yourself from the run within the Driver Application without any consequences.
2.6 If you are unavailable for your registered delivery run and fail to unassign yourself within 30 minutes of the run's start, Driver-e will make the scheduled delivery runs in the next 24 hours available to other drivers. This release of the delivery run does not affect your access to future available delivery runs if you become available later.
2.7 There is no contractual requirement for you to provide a specific volume of services, and we are not obligated to provide you with a specific volume of business.
2.8 You understand that providing services requires using your own business judgment, and your efficiency and judgment in providing services may lead to a range of business outcomes, including the potential for profits or losses.
2.9 Subject to complying with the Agreement, you have full discretion to control how the services are provided. You are not required to follow suggested routes or directions.
3.General:
3.1 You warrant and represent that you operate an independent business (sole trader, partnership, or company) providing delivery services and, subject to clause 3.2, you meet and will continue to meet the Requirements.
3.2 Before accepting any delivery opportunity, you must satisfy us (to our satisfaction) that you meet the Requirements within 20 days of accepting these Terms. If you are unable to meet the Requirements, no binding contract for services will be established between you and Driver-e for any offered delivery opportunity.
3.3 At our request, you must provide the specified documents mentioned in the Requirements, such as licenses, permits, and consents. You must provide updated documents if any provided ones expire, are revoked, or canceled.
3.4 You consent to us verifying your documents through reasonable means, including conducting checks with relevant government authorities.
3.5 You warrant that you meet the Minimum Standards, and you ensure that all your personnel also meet the Minimum Standards.
3.6 Your previous agreement with Driver-e must not have been terminated by us for any reason.
3.7 You acknowledge that the Driver-e Platform, Driver-e Portal, Driver Application, and all associated rights remain the property of Driver-e (or our licensors).
4. Minimum Standards:
4.1 Personal Standards: You must be at least 18 years old and have no relevant criminal record.
4.2 Equipment Standards: You must have a smartphone capable of running the Driver Application, keep it updated, and possess a sealable, commercial-grade, insulated food transportation bag for providing the services.
4.3 Vehicle Standards:
If providing services as a Vehicle Driver: You must have access to a registered motor vehicle or motorcycle, possess a valid driver's license, ensure the vehicle's good operating condition and compliance with safety standards, wear a compliant helmet (for motorcycles), and comply with all relevant laws. If providing services as a Bicycle Driver: You must have access to an electronic (pedal-assisted) bicycle, ensure its good operating condition and compliance with standards, wear a compliant bicycle helmet, obey local laws, and take responsibility for any liability arising from bicycle use. 4.4 If you have selected a specific vehicle type for providing services, you must inform Driver-e if you wish to change your vehicle type before entering into a service contract.
5. Performance and Personnel:
5.1 You are not required to provide services personally and can employ or engage personnel. You are responsible for hiring, directing, controlling, managing, supervising, and paying any personnel involved in providing the services.
5.2 You can provide your login details to your personnel, but you must ensure they keep the details confidential.
5.3 You must keep all login, password, or identification details required to access the Driver-e Platform and in your dealings with us secure and confidential, except as stated in clause 5.2.
5.4 If you use personnel to provide services, they must comply with the terms of the Agreement. You remain liable for their acts and omissions, as if they were your own.
5.5 Neither you nor your personnel are entitled to employment benefits such as wages, superannuation contributions, paid leave, or workers' compensation from us.
5.6 If you employ personnel, you must comply with applicable workplace laws.
5.7 You indemnify us for any liabilities, obligations, claims, penalties, or costs related to taxation, superannuation, or employment matters for you or your personnel.
5.8 From time to time, we may conduct checks on your criminal records or charges. You consent to us receiving the results of such checks, and you agree to provide any necessary information or consents for these purposes.
5.9 You must notify us if you or your personnel are charged with a criminal offense while the Agreement is in force.
5.10 If you or your personnel are not permanent residents, you must have a current visa that allows you or your personnel to provide the services and comply with any visa conditions.
5.11 You must immediately notify us and provide details if your or your personnel's visa status changes.
5.12 We may conduct Visa Entitlement Verification Online checks with the relevant authorities. Your acceptance of these Terms constitutes consent for us (or our agents) to undertake such checks.
5.13 Your personnel must read and understand the Guides available on the Driver-e Portal.
6. Health and safety
6.1. You are responsible for complying with all applicable work, health and safety legislation, as well as road and traffic laws, including the obligation to notify Safework (or the equivalent regulator in your state or territory) of any incidents. This also includes notifying Drivere-e.
6.2. If you are involved in an accident, arrested, issued a fine, suspended, or disqualified from driving while providing services with your vehicle, you must immediately inform Driver-e. After any accident, arrest, or fine, you should complete and provide an incident report through the Driver-e Portal as soon as possible.
6.3. In the event of an investigation of any incident or accident, including workplace safety incidents or near misses, you are required to cooperate with Driver-e.
7. Delivery of alcohol
7.1. Delivering alcohol, cigarettes, or any other age-restricted items to individuals under the age of 18 is strictly prohibited by law. Before delivering such products, you are legally responsible for requesting satisfactory identification.
7.2. You have the discretion to accept or decline a Delivery Opportunity that involves an order for alcohol. However, if you choose to accept such an opportunity, it is necessary, in line with industry standards for alcohol delivery, for you and your personnel to ensure that the customer has a valid government-issued photo identification that is not expired and matches the customer's identity. You must never deliver alcohol to a visibly intoxicated customer.
8. Expenses
You are responsible for all costs and expenses associated with providing the services, including personnel costs, equipment costs, and any parking or traffic penalties.
9. Fees and Payment
9.1. Payment for the services you provide will be made on a weekly basis, or more frequently if enabled by Driver-e's technology, and will be deposited into your nominated Australian bank account. All payment details will be communicated to you through the Driver-e Platform.
9.2. If you are registered for Goods and Services Tax (GST), Driver-e will generate a recipient-created tax invoice (RCTI) on your behalf, detailing the fees you will receive for the services provided. In this case, you must not issue tax invoices for these supplies. If you are not GST registered, Driver-e will provide you with a statement outlining the fees you will receive.
9.3. You understand and acknowledge that: a. Driver-e will not withhold any income tax from the fees paid to you. b. You must hold an Australian Business Number (ABN) while providing the services.
10. GST
10.1. While it is not mandatory for you to be GST registered, you must keep Driver-e informed of your GST registration status at all times. If you inform Driver-e that you are GST registered but later cease to be registered for any reason, you must immediately inform them.
10.2. If any taxable supply made by a party under these terms is subject to GST, and you are registered for GST, the party making the supply may recover an additional amount on account of GST, in addition to the consideration for the supply.
10.3. The additional amount payable under this clause: a. Is calculated by multiplying the consideration payable to you for the relevant supply by the prevailing GST rate. b. Is payable at the same time and in the same manner as the consideration for the supply to which the additional amount relates.
11. Relationship of Parties
11.1. You will provide the services as an independent contractor. This agreement does not create an employment relationship, partnership, joint venture, or enterprise between you and Driver-e. You acknowledge and agree that you are not an employee of Driver-e or any restaurant by virtue of this agreement.
11.2. Neither party has the authority to bind the other by contract or otherwise, except as specifically provided in these terms.
11.3. The agreement and any verbal or written communication between the parties do not constitute an express or implied employment agreement or a promise by Driver-e to employ you, your personnel, or any of your agents or representatives.
11.4. You have the right to provide services or work for other businesses, customers, or consumers, and hold yourself out as an independent business. These terms do not restrict you from providing services or working for other businesses, even if they directly compete with Driver-e.
12. Insurance and permits
12.1. Unless you exclusively provide services to Driver-e as a Bicycle Courier, you must maintain at your own expense:
a. Compulsory Third Party (CTP) motor vehicle insurance. b. Any other insurances required by law or reasonably requested by Driver-e, which may include public liability insurance and comprehensive motor vehicle insurance.
12.2. You must possess all permits, licenses, and approvals required by local laws to provide the services.
12.3. Upon request, you must promptly provide evidence of the insurance obtained, including certificates of currency and policy terms, in accordance with this clause.
13. Service Disputes
13.1. You are responsible for rectifying any errors and omissions in the provision of the services.
13.2. In the event of a service failure, you will not receive payment or partial payment for the affected part of the services, as determined by Driver-e at their reasonable discretion.
13.3. Driver-e reserves the right to restrict, limit, or interrupt your access to the Driver-e Platform, temporarily or permanently withdraw or terminate your access or participation, at any time for the purpose of investigating alleged breaches of the agreement or conducting maintenance, technical upgrades, development, or repair of the platform.
14. Dispute Resolution
14.1. In the event of any disagreement between us regarding the provision of services or arising from these Terms, both parties must make sincere efforts to resolve the dispute informally.
14.2. If the dispute or difference cannot be resolved within 30 days (unless extended by agreement), it must be submitted to arbitration in accordance with the Resolution Institute Arbitration Rules. The decision made by the arbitrator will be final and binding on both parties.
14.3. If the parties do not agree on an arbitrator, the Chair of the Resolution Institute will nominate one.
14.4. You agree that any claims you have against us, including past and present related entities, officers, directors, employees, and agents, must be pursued individually. You are not allowed to join such claims with those of any other person or entity, or participate in any class action, collective, or representative proceeding, whether existing or in the future, against us or a Related Entity.
14.5. This clause will remain in effect after the termination of the Agreement, regardless of how it ended.
14.6. If we deem it necessary, we reserve the right to suspend your access to the Drivere-e platform while a dispute is being resolved.
15. Termination
15.1. The Agreement will automatically terminate if you do not provide any services for a continuous period of six (6) months, without any further action required from either party.
15.2. Either party may terminate the Agreement and end the relationship between you and us by giving written notice of seven (7) days (including via email) through the Drivere-e Portal, for any reason or no reason at all.
15.3. Without prejudice to any other rights or remedies we may have against you, we may terminate the Agreement immediately and without any liability to make further payments to you if, at any time, you or your personnel:
a. breach the terms of the Agreement; b. are charged with any criminal or traffic offense; c. violate any relevant laws or regulations; d. commit fraud or dishonesty; e. consistently fail to complete the services in accordance with the provided guidelines; f. engage in any behavior that, in our opinion, tarnishes or is likely to tarnish our reputation; or g. lose the right to work in Australia.
15.4. You agree to assist us in investigating any customer complaints made about you or your personnel, or any incidents where your assistance may be required.
15.5. Termination of the Agreement does not release you from liability for any breaches, non-performance of obligations, or service failures that occurred prior to the termination date.
16. Release
We do not make any representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of our products or services related to your provision of services. Our services and software may be subject to limitations, delays, and other issues inherent in internet and electronic communications. We are not responsible for any delays, delivery failures, or damages resulting from such problems.
17. Indemnity
17.1. You are responsible for and agree to indemnify us and any of our Related Entities against any liability, loss, or damage directly arising from your or your personnel's actions, omissions, breaches, or defaults, whether in tort (including negligence), contract, or otherwise, in connection with your provision of services. This indemnity does not apply to the extent that liability or loss directly arises from our negligent acts or omissions.
17.2. You agree to defend, indemnify, and hold us (including our officers, directors, members, and employees) and any of our Related Entities harmless from all claims, costs, damages, losses, liabilities, and expenses (including legal fees and costs) arising from or related to:
a. your or your personnel's breach of or failure to comply with the Agreement; b. any applicable laws or regulations, including local laws or ordinances, even if not explicitly referenced herein; and c. to the maximum extent permitted by law, your or your personnel's ownership, use, or operation of a motor vehicle or bicycle in connection with the Drivere-e application or Drivere-e Portal. This indemnity does not apply to the extent that liability or loss directly arises from our negligent acts or omissions.
17.3. Each indemnity is an ongoing obligation independent of other obligations and survives the termination of these Terms.
17.4. We are not required to incur expenses or make payments before enforcing the right to indemnity conferred by these Terms.
17.5. You are solely responsible for any and all liability resulting from the operation of a motor vehicle and/or bicycle, including but not limited to personal injuries, death, and property damages.
18. Privacy
18.1. While providing the services, you may have access to Confidential Information about us, our Related Entities, or third parties, including customers, restaurants, other merchants, their employees, representatives, or others, through our website or other means. This Confidential Information may include names, addresses, email addresses, telephone numbers, order information, and other identifiable information about individuals (collectively referred to as Confidential Information).
18.2. You agree that as an independent contractor and thereafter, you and your personnel will not, without our prior written consent, reveal, disclose, or make any Confidential Information known to any person, unless required by law or for you to obtain professional advice.
a. You are prohibited from revealing, disclosing, or making any Confidential Information known to anyone, except for the purpose of providing the Services mentioned in the Agreement.
b. You must not use the Confidential Information for any purpose other than providing the Services.
18.3. You are not allowed to access or use any Personal Information for any purpose other than providing the Services. You must maintain strict confidentiality of Personal Information and not disclose it to anyone. Once you have completed a Service related to Personal Information, you must securely destroy that information. You agree to comply with the privacy policy mentioned in the Agreement.
18.4. You cannot use Personal Information for your own purposes without prior written approval. You can only communicate with customers using any provided masked telephone number, hardware, or software. If you become aware of any breach of this clause, you must notify us immediately. You are responsible for any loss, damage, dispute, or third-party claim resulting from your breach of this clause, and you indemnify us for such incidents.
19. Modern Slavery
19.1. You confirm that you have not been convicted of any offense related to slavery and human trafficking, nor have you been subject to any investigation or enforcement proceedings related to these issues. While fulfilling your obligations under the Agreement, you must: a. Comply with all applicable anti-slavery and human trafficking laws, regulations, and codes, including the Modern Slavery Act 2018 (Cth), and our Modern Slavery Policy. b. Not engage in any activity that would be considered an offense under the Modern Slavery Act 2018 (Cth), regardless of whether it takes place within or outside Australia. c. Immediately inform us if you become aware of any actual or suspected slavery or human trafficking related to the Agreement.
20. Further legal terms
20.1. The Agreement represents the entire agreement between the parties and supersedes any prior agreements, written or otherwise, regarding the subject matter.
20.2. The Agreement governs the legal relationship and all legal issues between the parties, including any disputes arising from it or from previous agreements between the parties
. 20.3. The Agreement is governed by the laws of New South Wales. The parties submit to the jurisdiction of the courts of New South Wales and any appellate courts. A party may only waive a breach of these Terms by providing written consent.
20.4. Any amendments to the Agreement will be effective upon the Company posting updated Terms or Requirements at the specified location. Your continued provision of the Services after the posting constitutes your consent to be bound by the amended Agreement.
20.5. If any provision of the Agreement is found unenforceable by a court of competent jurisdiction, the remainder of the Agreement will remain in effect.
20.6. Each party has entered into the Agreement without relying on representations made by the other party or any person claiming to represent that party.
20.7. You cannot assign, transfer, or encumber any rights or obligations under the Agreement without our prior written consent.
20.8. These Terms and your provision of services do not grant you any rights in the product or services, or in our name, logo, trademarks, or those of our Related Entities, nor do they grant you the right to use our name, logo, or trademarks. Definitions The capitalized terms used in these Terms have the following meanings:
● Agreement: Refers to these Terms and the Requirements.
● Bicycle Courier: Refers to providing services using a bicycle.
● Delivery Opportunity: Refers to a notification from the Drivere-e Platform about an opportunity to enter into a contract for Services.
● Delivery Run(s): Refers to specific periods of time during which you can register your availability to provide services on the Drivere-e Platform.
● Equipment: Refers to the tools, devices, vehicles, or bicycles required to provide the Services as specified in the Requirements.
● GST: Stands for goods and services tax levied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
● Guides: Refers to the Community Health and Safety Guide and the Community Behaviour Guide posted on the Drivere-e Platform.
● Drivere-e Platform: Refers to the Drivere-e webpage or mobile application platform that connects independent contractors, restaurants or other businesses, and consumers. It includes the Courier Application or the Drivere-e Portal, as applicable.
● Minimum Standards: Refers to the minimum standards specified in Clause 4.
● Parties: Refers to you and us (Drivere-e).
● Personal Information: Refers to information as defined in the Privacy Act 1988 (Cth).
● Personnel: Refers to any employees or subcontractors engaged or employed by you to provide all or part of the Services.
● Pooled Order(s): Refers to the opportunity to increase your earnings by providing Services in addition to an accepted Delivery Opportunity, relating to a separate Customer order that is nearby.
● Related Entities: Refers to Drivere-e, its parent, subsidiary, and/or affiliated companies, as well as past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees.
● Requirements: Refers to the Courier Requirements document available on the Drivere-e Portal, which describes the minimum Equipment, licenses, and other requirements for a Courier to provide Services.
● Service Failure: Refers to any situation where you fail to provide or complete all or part of a contract to provide Services.
● Services: Refers to the collection and delivery of food and goods from restaurants or other businesses to Customers based on Delivery Opportunities and/or Pooled Orders (with reasonable changes to delivery addresses as requested by Customers).
● Vehicle Courier: Refers to providing services using a motor vehicle, such as a car, motorbike, or scooter.
