Carwen Driver Agreement
This Driver Agreement ("Agreement") is entered into between Carwen Pty Ltd ("Carwen," "we," "our," or "us") and you, the driver ("Driver," "you," or "your"). This Agreement outlines the terms and conditions for drivers using the Carwen platform in Sydney and Melbourne, Australia.
1. Independent Contractor Status
- You acknowledge and agree that you are an independent contractor and not an employee, agent, joint venturer, or partner of Carwen.
- As an independent contractor, you are not entitled to any employee benefits, including but not limited to superannuation, workers' compensation, or paid leave.
- You have the right to perform services for other companies or individuals, including Carwen's competitors.
2. Driver Requirements and Responsibilities
- License: You must maintain a valid driver's license (Red P plates or higher) in the state where you operate (New South Wales or Victoria).
- ABN: You must have a valid Australian Business Number (ABN) and are responsible for your own tax obligations.
- Insurance: You must maintain comprehensive motor vehicle insurance that explicitly covers commercial use for delivery services.
- Vehicle: You are responsible for providing and maintaining a safe and clean vehicle suitable for the services you offer.
- Compliance: You agree to comply with all applicable laws, regulations, and Carwen policies, including traffic laws and safety regulations.
- Professionalism: You agree to maintain a professional demeanor with customers and represent Carwen in a positive manner.
- Verification: You agree to complete a brief online interview with Carwen before being approved to use the platform.
3. Services and Platform Use
- Job Acceptance: You have the right to accept or decline any job offered through the Carwen platform.
- Job Completion: Once you accept a job, you are responsible for completing it as agreed, unless unforeseen circumstances prevent you from doing so.
- Recurring Jobs: For recurring jobs, you commit to fulfilling the agreed schedule. If you need to skip a week, you agree to put that particular week's job back on the marketplace in a timely manner.
- Ratings and Feedback: You acknowledge that customers may rate and review your services, and that these ratings may affect your standing on the platform.
4. Payment Terms
- Setting Rates: You have the right to set your own rates for your services.
- Payment Methods: You agree to accept payment via PayID or cash, as agreed with the customer.
- No Commission: Carwen does not take a commission from your earnings. You receive 100% of what you earn from customers.
- Taxes: You are responsible for reporting and paying all applicable taxes on your earnings.
- Payment Disputes: You acknowledge and agree that Carwen is not responsible for arbitrating or resolving any monetary disputes between you and customers. Such disputes must be resolved directly between you and the customer. Carwen will maintain a record of reported disputes, and excessive disputes may result in suspension or termination of your account. Carwen reserves the right to suspend both parties involved in a dispute from the platform pending resolution.
5. Cancellation Policy
- You may cancel a job without penalty up to 2 hours before the scheduled start time.
- Cancellations within 2 hours of the scheduled start time may result in temporary suspension from the platform, except in cases of emergency or unforeseen circumstances.
- For recurring jobs, you must provide at least 24 hours notice to cancel or reschedule without penalty.
6. Insurance and Liability
- You agree to maintain appropriate insurance coverage as specified in Section 2.3.
- You acknowledge that Carwen does not provide any insurance coverage for you or your vehicle.
- You agree to indemnify and hold Carwen harmless from any claims, damages, or liabilities arising from your use of the platform or provision of services.
7. Privacy and Data Protection
- You agree to handle any customer personal information in accordance with Carwen's Privacy Policy and applicable privacy laws.
- You consent to Carwen collecting, using, and sharing your personal information as outlined in our Privacy Policy.
8. Termination
- Either party may terminate this Agreement at any time, with or without cause.
- Carwen reserves the right to suspend or terminate your access to the platform for violations of this Agreement or our Terms and Conditions.
- Upon termination, you agree to cease all use of the Carwen platform and complete any outstanding jobs in progress.
9. Dispute Resolution
- In the event of a dispute, you agree to first attempt to resolve the issue directly with the customer or with Carwen's support team.
- If the dispute cannot be resolved through these means, it shall be resolved through binding arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules.
10. Modifications to the Agreement
- Carwen reserves the right to modify this Agreement at any time. We will provide notice of significant changes via email or through the platform.
- Your continued use of the Carwen platform after such changes constitutes acceptance of the new Agreement.
11. Governing Law
This Agreement is governed by the laws of New South Wales, Australia. Any legal action or proceeding relating to this Agreement shall be instituted in a court in Sydney, New South Wales.
By signing up as a driver on the Carwen platform, you acknowledge that you have read, understood, and agree to be bound by this Driver Agreement.
Carwen Pty Ltd
Email: support@carwen.com.au
Last updated: October 15, 2024