Driver Terms and Conditions
- We provide you as a driver, and users who are logged in as passengers, with access to the Shebah App. The Shebah App is a mobile phone software application and supporting platform which enables passengers to identify nearby Shebah drivers on a map and request a Shebah driver to provide transport services to them; and enables drivers to accept such passenger requests.
- Shebah also provides you with a range of payment facilitation, driver support and administrative services as described in this Contract and made available on the Shebah App from time to time. These, together with the App, are referred to as the Driver Services.
- The transport service that Shebah organizes for you to provide to passengers is referred to as the Passenger Service.
- You are an independent contractor, not an employee or agent of Shebah. Shebah does not control the times or the number of hours you work, or which passengers to accept. You provide the Passenger Service to passengers using your own vehicle, which you operate at your own expense.
- Shebah does not provide you with, nor make any financial contribution towards, employment benefits such as a salary, guaranteed work, paid or unpaid leave, superannuation, or workers’ compensation or any other type of insurance. We also do not provide any contribution towards the purchase, maintenance or support of any vehicle, any licences or registrations you require, or any other equipment. You need to make your own arrangements for all these matters.
- You may only become a Shebah driver if you are a woman, and you accept the conditions set out in this Contract. Shebah’s policy, which you agree to by becoming a driver, is to only allow the Passenger Service to be offered to passengers who are women, female children, and male children aged 12 years or younger.
- Shebah’s Driver Service is designed to give you a high degree of control over the way in which, and the times at which, you want to provide the Passenger Service. The main purposes of this Contract are to set out clear terms describing the Driver Service and how payments are made, to ensure compliance with applicable laws, and to promote a good service experience for drivers and passengers using Shebah.
- Upon your electronic acceptance of this Contract via the Shebah App, you will be legally bound by this Contract. We may change the terms of this Contract from time to time by updating it on our website, and/or notifying you via the Shebah App. Your continued use of the Shebah App after amendment constitutes your acceptance of the Contract.
- You are under no obligation to continue as a Shebah driver for any length of time. You may terminate this Contract and cease to be a Shebah driver with immediate effect by notifying us.
- If you breach any provision of this Contract, we may suspend or terminate this Contract and your access to the Shebah App with immediate effect by notifying you over the Shebah App or by any other means. Before we exercise the right to terminate or suspend you, we will endeavor to notify you of the reason, and give you an opportunity to respond.
- The requirements to become and remain a Shebah driver are set out in the Requirements to be a Shebah Driver document, which forms part of this Contract and covers Driver Registration, Vehicle Registration, and Driver Conduct.
- You pay Shebah the charges described in this Contract and the Shebah App (“Shebah Charges”), for the provision of the Driver Service by us to you. Passengers pay a fare (“Fare”) into a Shebah account each time you provide them with a Passenger Service.
- We deduct the Shebah Charges and other deductions from the Fare, and pay the remaining part of the Fare to your nominated bank account as your Fees. We may from time to time offer you, through the Shebah App, additional Fees based on referrals, vouchers and incentive schemes, subject to conditions, breach of which constitutes a breach of this Contract.
- The Shebah Charges may include individual or periodic job access fees, commissions, payment processing fees and/or account management fees. We may update the Shebah Charges via the Shebah App on 14 days’ notice.
- Other deductions we may make from the Fees paid to you are:
- The amount of a refund we have provided or intend to provide to any of your passengers, with or without your agreement, where a passenger raises a dispute about the Passenger Service you provided and we reasonably believe a refund is warranted in the circumstances;
- an amount as shown in the Shebah App which we may deduct for poor service or breach of these Conditions, such as for failing to collect a passenger where you have accepted an advance booking, or failing to confirm to Shebah that you are on time to collect an advance booking;
- an amount equal to any amount by which we previously overpaid you, either in error or in connection with a Passenger Service that you were paid for but which involved a breach of these Conditions by you;
- any taxes, surcharges or levies we are required or permitted by law to deduct; and
- any third party fees, costs or expenses we incur in processing the Fare, in connection with card schemes, online payment providers such as PayPal, or other financial institutions.
- You appoint us as your payment collection agent solely in relation to Fares for
Passenger Services. For the purpose of a Passenger Service you agree that:
- the payment of the Fare by a passenger to us, in our capacity as your limited payment collection agent, shall be considered the same as a payment by the passenger of amounts payable to you; and
- we will on your behalf issue a tax invoice to passengers in respect of the Passenger Services provided by you within 2 business days.
- We aim to pay you the Fees within 5 business days. We may withhold or delay
payments to you in situations where:
- We reasonably believe the passenger did not authorise a Passenger Service or we are otherwise investigating it for any reason;
- we reasonably believe that any of your transactions may be in breach of this Contract, or fraudulent or involve criminal activity; or
- a transaction requires validation with a card issuer or other third party.
- You agree to co-operate with us and provide supporting information in the event of:
- a dispute over a Passenger Service or any transaction;
- an audit by a card issuer or other third party of your or our activities; or
- an audit or other compliance activity carried out by us or our professional advisers in relation to any aspect of Shebah’s business activities; or
- any investigation of your or our activities by a duly authorised government agency under applicable laws.
- Intellectual Property - for the duration of this Contract, we grant you a royalty-free, non-exclusive and non-transferable licence to use the Shebah App and materials solely for the purpose of using the Driver Service and providing Passenger Services in accordance with this Contract. The licence is personal and you have no right to transfer or sub-license it. We do not grant you any rights in relation to our copyright, trademarks or other intellectual property rights in the Shebah App or any of our materials.
- Confidential Information – we and you each agree to use each other’s confidential information only for the purposes for which it is provided, which include exercising rights and carrying out obligations under this Contract, and in our case, operating the Shebah App and Shebah business in accordance with good business practice. We further agree not to disclose each other’s confidential information to a third party except for such purposes, or if required by law. Confidential information includes information about each of your and our business plans and structures, and information about the Shebah App, a Driver Service, a Passenger Service or passengers.
- Consumer guarantees – we provide the Driver Service subject to consumer
guarantees under the Australian Consumer Law in the Competition and Consumer
Act 2010 (Cth). Nothing in this Contract affects your statutory rights. We make no
express warranties beyond these consumer guarantees.
To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Driver Service is limited to us re-supplying the Driver Service to you or refunding the Shebah Charges you have paid us for the Driver Services to which your claim relates.
- Disclaimers about the Driver Service – the Driver Service we provide to you is only a passenger referral and payment facilitation service. You agree that:
- we do not endorse or verify the identity of any passenger or other user of the Driver Service;
- we do not perform any background checks on passengers;
- you and we both endorse, and aim to implement, our policy that we will provide the use of the Shebah App, and you will provide Passenger Services, only to passengers who are women, female children, and male children aged 12 years or younger, but we cannot guarantee that all passengers will comply with this policy, and it is your responsibility to enforce this policy on your own behalf;
- we make no representations that your use of the Driver Service will result in a request for a Passenger Service;
- any arrangements made for the provision of Passenger Services are between you and the relevant passenger only;
- we are not a party to any arrangements between you and any passenger except in our limited capacity as your payment collection agent; and
- we are not responsible for a passenger’s behaviour, actions or inactions.
- No warranty - We do not warrant or provide any guarantees in relation to the use of the Driver Service, the reliability of information provided to you through the Shebah App, nor the availability or functionality of the Shebah App. The Shebah App and Driver Service are subject to human error and misuse, technical limitations, delays and other problems which are inherent in the use of internet and electronic communications. We accept no responsibility for any loss which you may suffer as a result of such problems.
- No liability - You agree that we are not liable for: delay or inability to provide the Driver Service due to events beyond our control; the operation and maintenance of your vehicle; the actions or inactions of passengers or other drivers; consequential loss caused by our breach of this Contract that does not arise in the natural and ordinary course of events; or any loss of yours which exceeds $2,000.
- You indemnify us – during and after the term of this Contract, you are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from any information that you have provided to us which is inaccurate, misleading or incomplete; your breach of any applicable laws and regulations; your breach of this Contract; or a misuse of the Driver Service by you.
- Disputes – during and after the term of this Contract, you and we each agree to act reasonably and professionally in resolving any disputes, including by use of any dispute resolution mechanism we make available from time to time; and that neither you nor we will make any disparaging comments about the other on social media or any public forum.
- Entire Contract - this Contract including documents incorporated by reference forms the entire Contract between you and us and supersedes any prior Contract, understanding or arrangement between you and us, whether oral or in writing.
- Assignment – this Contract is personal to you. You may not transfer your rights or obligations under it to anyone else. However, we may transfer our rights or obligations or sub-contract our obligations to another legal entity.
- Severance– if any provision of this Contract, or any aspect of the Driver Service or the Passenger Service is found by a court or reasonably believed by us to infringe an applicable law or be unenforceable, the offending provision is severed or deemed to be amended to the extent required to avoid the infringement or make it enforceable, and the remainder of the Contract remains in force but is deemed to be amended to the extent required to accommodate the change.
- Governing law – This Contract is governed by the laws of Victoria and each party submits to the non-exclusive jurisdiction of the courts operating in Victoria.
This Shebah Driver Contract (“Contract”) is between Shebah Pty Ltd ACN 612 227 951 (“Shebah” or “we”) and the individual contractor (“you”) as a driver who wishes to receive passenger referral, payment facilitation and related services from Shebah.
Services provided by Shebah
Important information about how this Contract works
General Conditions of this Contract