Carwen Terms and Conditions

Welcome to Carwen! "Car when you need it"

Last Updated: February 2025

WHAT PARTS OF THESE TERMS APPLY TO ME? 

This agreement governs your use of the Carwen web-based marketplace platform available at carwen.com.au (Platform) and any other services made available through the Platform. 

The Carwen Platform facilitates drivers (Drivers) to match with customers (Customers) for the purpose of Drivers supplying services in the nature of package delivery, furniture removals, grocery runs, courier deliveries, pet transport, food delivery, rubbish removal and similar services (Driving Services). 

The Platform and the Driving Services specifically exclude any services relating to passenger transportation, in the nature of ride share, taxi or other forms of private transport (Excluded Services). 

By accessing and/or using the Platform, you agree to be bound by these terms, which form a binding contractual agreement between you, the User, and us, Carwen Pty Ltd (Carwen, the Company, we or us).  If you do not agree to these terms, please do not use our services.

The remainder of this agreement is divided into three parts:

• Part A (All Users), which sets out terms that apply to all Users;
• Part B (Drivers), which sets out additional terms that apply to Drivers; and
• Part C (Customers), which sets out additional terms that apply to Customers.

When we talk about the “Services” in this agreement, we are referring to services provided through the Platform, our website and any associated services we offer.

    A.    All Users

1. ELIGIBILITY
   1. This Platform is not intended for any use (supervised or unsupervised) by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing and using the Platform for personal use unless clause 1(c) of this Part A relating to business use applies.
   2. Please do not access the Platform if you are under the age of 18 years old or if you have previously been suspended or prohibited from using the Platform. 
   3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 
2. ACCOUNTS
   1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
   2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank details and any other information as determined by the Company from time to time.
   3. You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
   4. You may register for an Account using a Google account for which you have authority to use (Signup Account). If you register an Account and/or sign in to your Account using your Signup Account, you authorise us to access certain information on your Signup Account. 
   5. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. We will provide certain contact details of Users when there is a match to facilitate the Driver performing the Driving Service for the Customer. You agree to not give your contact details to any other User.  
   6. Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
   7. The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
   8. The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3. USER OBLIGATIONS

As a User, you agree:

1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Driving Services, including by not using the Platform:
   1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
   2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company; 
4. not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform; 
5. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company; 
6. that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
7. that information given to you through the Platform, by the Company or another User including a Driver or Customer, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
8. that the Company may cancel your Account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
1. PROVIDED MATERIALS
   1. WARRANTIES

By providing any information, materials or other content on the Platform (Provided Material), you represent and warrant that:

1. you are authorised to provide the Provided Material (including by being authorised to provide any services that you represent you provide);
2. the Provided Material is accurate and true at the time it is provided;
3. any Provided Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
4. the Provided Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
5. the Provided Material is not “passing off” of any product or service and does not constitute unfair competition; 
6. the Provided Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
7. the Provided Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
8. the Provided Material does not breach or infringe any applicable laws.
1. LICENCE
   1. You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Provided Material in order for the Company provide any Service or to use, exploit or otherwise enjoy the benefit of such Provided Material and in order for any other User to participate in any Driving Service.
   2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Provided Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
   3. You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Provided Material infringes any third party’s Intellectual Property Rights.
2. REMOVAL
   1. The Company acts as a passive conduit for the distribution of Provided Material and has no obligation to screen Provided Material in advance of it being provided. However, the Company may, in its absolute discretion, review and decline to provide any Provided Material at any time without giving any explanation or justification.
   2. You agree that you are responsible for keeping and maintaining records of Provided Material.
1. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, the Company will have no liability or obligation to you if:

1. a Customer or Driver cancels at any time before or after the time for performance of the Driving Service is agreed; or 
2. for whatever reason, including technical faults, the Driving Service cannot be performed or completed,

and you will not be entitled to any compensation from the Company.

1. IDENTITY VERIFICATION
   1. (Verification) We may offer or require Users to verify their details (including, in the case of Drivers, licence information and insurance information) using our own internal processes or an external identity verification service as applicable (Verification Service).  
   2. (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 17. Where a Verification Service is used, you acknowledge and agree that: 
      1. we may contact and share your personal information with a Verification Service to verify your details; 
      2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
   3. (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform from time to time.  
   4. (Warranty and Indemnity) You acknowledge and agree that:
      1. we are reliant on the information provided by Users and the Verification Service to verify any User’s identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or any guarantee that the Verification Service will ensure you contract with a suitable User; 
      2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
      3. we do not endorse any User, Driver, Provided Material, Driving Service or Verification Service.
      4. although certain information and data may be available through the Platform (for example, Customers may be able to view Driver insurance information on the Platform), each User remains responsible for reviewing and confirming all such information and data. In the case of Driver insurances, the Customer remains responsible for reviewing Driver insurance levels, investigating the insurance of any Driver they are proposing to accept Driving Services from, selecting a Driver with the appropriate levels of insurance for their needs and specifying any additional insurance requirements in their Customer Request.
   5. Further verification requirements apply to Drivers. Refer to Part C.
2. PAYMENTS AND NOTICE PERIOD
   1. Users acknowledge that any electronic payment methods they used in connection with these terms may be subject to processing delays, security holds of up to 24 hours or more, bank-specific processing times.
   2. With respect to any Driving Service for which it has been agreed by the Users that pre-payment applies:
      1. the Customer must initiate the prepayment at least 24 hours before the scheduled Driving Service to allow for processing; and
      2. the Driver is not obligated to commence the scheduled Driving Service until payment is confirmed by them as received in their account.
   3. With respect to any Driving Service for which it has been agreed by the Users that post-payment applies (or if no agreement has been made):
      1. the Customer must initiate the payment within 24 hours of the completion of the Driving Service; and
      2. the Driver acknowledges that actual receipt of funds may take up to 24-48 hours or longer after the completion of the Driving Service, depending on the payment method, bank processing and other factors.
   4. With respect to recurring Driving Services:
      1. Both Drivers and Customers must provide 24 hours notice before the scheduled start of any Driving Service for any cancellation or change;
      2. If a regular Driver cannot complete a scheduled Driving Service:
         1. 24 hours notice must be provided to the Customer;
         2. The Driving Service can be made available to other Drivers by the Customer resubmitting Customer Request to the Platform; and
         3. It is intended that the original Driver arrangements would resume the recurring Driving Service on the next scheduled Driving Service date.
   5. With respect to non-recurring or on-off Driving Services, both Drivers and Customers must provide 2 hours notice before the scheduled start of any Driving Service for any cancellation or change.
   6. Users and entirely responsible for satisfying all notice requirements under these terms and conditions and the Company takes no responsibility for any failure to comply with any such requirements. 
   7. The Company intends to monitor notice and collect information on any patterns of insufficient notice by Users.
   8. Repeated violations of these notice requirement may result in Account suspension, Account termination or any other remedy available to the Company and the Company has sole discretion in determining what constitutes a violation.
3. COMMUNICATION OUTSIDE THE PLATFORM
   1. The Platform is intended to facilitate the exchange of contact information (any information shared through the Platform, including any Provided Material, being Contact Information) between matched Drivers and Customers.
   2. Contact Information will only be shared after:
      1. A job has been accepted
      2. Payment terms have been agreed
      3. Both Users have confirmed the arrangement
   3. Contact Information may only be used for (Permitted Contact Information Use):
      1. Direct communication about the accepted job;
      2. Coordination of the delivery of the Driving Service;
      3. Emergency communications related to the Driving Service.
   4. Users are prohibited from using Contact Information for any purpose other than the Permitted Contact Information Use, including, without limitation:
      1. Any marketing or promotional purposes;
      2. Any harassment or unsolicited contact;
      3. Arranging any services or any other matter outside the Platform; or
      4. Any purpose unrelated to the accepted job;
      5. Use Contact Information to arrange future jobs or service outside the Platform
   5. Users must:
      1. Keep shared Contact Information strictly confidential;
      2. Not share Contact Information with any third party;
      3. Immediately delete Contact Information as soon as it is used;
      4. Immediately report to the Company by email at support@carwen.com.au:
         1. Harassment;
         2. Attempts to arrange services outside the Platform; and/or
         3. Any other misuse or potential misuse of Contact Information;
   6. Users must not:
      1. Attempt to circumvent Platform fees using shared contact information;
      2. Encourage other Users to conduct business or transactions outside the Platform;
   7. Users acknowledge and accept all terms relating to Contact Information as set out in these terms and conditions, including the Company’s process of sharing Contact information with other Users and that any violation of any term related to Contact Information may result in Account suspension; Account termination; and/or liability (including for lost payments, fees and other amounts).

SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

1. the Platform may have errors or defects (or both, as the case may be);
2. the Platform may not be accessible at times;
3. messages sent through the Platform may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Platform may not be secure or confidential; and
5. any information provided through the Platform may not be accurate or true.
1. INTELLECTUAL PROPERTY 
   1. The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
   2. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
   3. In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
2. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

1. THIRD PARTY SUPPLIERS TERMS 
   1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
   2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
   3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform. 
2. DISPUTES BETWEEN USERS
   1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
   2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you may report it to the Company via support@carwen.com.au. We have no responsibility to help resolve any dispute, however we may provide a mediation guide that you may use if you wish.
   3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
   4. The Company has the option to suggest an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the Users who are parties to the dispute.
   5. If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings. 
   6. Notwithstanding any other provision of this clause 13, you or the Company may at any time cancel your Account or discontinue your use of the Platform.
3. SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

1. DISCLAIMER
   1. (Introduction service) The Company is a medium that facilitates the introduction of Customers and Drivers for the purposes of Drivers delivering Driving Services to Customers. The Company does not collect any service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Drivers, or between any other types of Users in relation to such services or otherwise resulting from the introduction.
   2. (Limitation of Liability) To the maximum extent permitted by law and subject to clause 15(c) of this Part A, the total liability of each party (being you, the User and us, the Company) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to Carwen in the 3 months preceding the date of the event giving rise to the relevant liability.
   3. (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
   4. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
   5. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
      1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
      2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
2. CONFIDENTIALITY

You agree that:

1. no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
2. all communications involving the details of other Users on this Platform (including all Drivers and Customers) are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
1. PRIVACY

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed here https://carwen.com.au/pages/privacy_policy. 

1. COLLECTION NOTICE
   1. We collect personal information about you in order to enable you to access and use the Platform, to enable you to use the Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
   2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information. 
2. TERMINATION
   1. Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason. 
   2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
   3. In the event that a User’s Account is terminated:
      1. the User’s access to all posting tools on the Platform will be revoked;
      2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
      3. the User may be unable to view the details of Drivers (including contact details, geographic details and any other details), and all Provided Materials may also be removed from the Platform.
   4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
3. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Drivers where tax related misconduct has occurred.

1. RECORD / AUDIT

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

1. NOTICES
   1. A notice or other communication to a party under this agreement must be:
      1. in writing and in English; and
      2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
   2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      2. when replied to by the other party,

whichever is earlier.

1. GENERAL
   1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

1. COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

1. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

1. INTERPRETATION
   1. (singular and plural) words in the singular includes the plural (and vice versa);
   2. (gender) words indicating a gender includes the corresponding words of any other gender;
   3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
   4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
   5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
   6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
   7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
   8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
   9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
   10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
1. RATINGS AND REVIEWS
   1. Customers may rate a Driver and Drivers may rate a Customer with respect to a contract for Driving Services that has been entered between them (Rating). Customers and Drivers may provide feedback with respect to a contract for Driving Services that has been entered between them (Review). 
   2. Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Account is removed or terminated.
   3. Users must only provide true, fair and accurate information in their Reviews.
   4. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant User from posting further Reviews. We do not undertake to inspect or review each Review.
   5. To the maximum extent permitted by law, we are not responsible for the content of any Ratings or Reviews.
   6. You may not publish Reviews of any User to whom you have a personal or professional relationship (separately from the Platform).
   7. You may only write a Review about a User if you have had a service experience with them, which means that you have purchased a Driving Service from or delivered a Driving Service to that User via the Platform (Service Experience).
   8. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
   9. You may not write a Review about a User you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that User, or work for the User. Similarly, you may not write a Review about a direct competitor to the User you own, are employed by or work for. 
   10. Your Service Experience must have occurred within the last 12 months when you submit a Review. 
   11. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User.

    B.    Drivers

1. ELIGIBILITY AND QUALIFICATIONS
   1. If you are a Driver you must:
      1. hold a valid, current, full and unrestricted NSW driver licence (Valid Licence) (and each of the following are not valid provisional licences (P plates), internationally issued driver licences, interstate issued licenses, learner permits or any other restriction on a NSW driver’s licence whatsoever);
      2. maintain a valid license at all times while using the Platform and/or performing any Driving Services or similar services;
      3. immediately report to the Company any licence suspension or cancellation and any circumstances that may result in any licence suspension or cancellation;
      4. have a valid Australian Business Number (ABN) that is active, registered in the name of the Driver specifically and permits the Driver to provide Driving Services;
      5. maintain your ABN at all times while using the Platform and/or performing any Driving Services or similar services; and
      6. immediately report to the Company any change to your ABN status and any circumstances that may result in any change to your ABN status.
   2. If you are a Driver you must verify that any Customer is over 18 years old.
   3. If you are a Driver you warrant to the Company that you are in compliance with this clause 1 at all times while using the Platform and/or performing any Driving Services or similar services and you acknowledge and agree that the Company may suspend or terminate your Account with or without notice upon any breach or likely breach of this clause 1.
   4. If you are a Driver and you hold yourself out to possess certain qualifications (Qualifications) in any respect, you warrant to the Company that you do hold such Qualifications and if requested, will promptly provide the Company with evidence of the Qualifications.
2. DRIVER IDENTIY VERIFICATION
   1. All Drivers must provide to the Company by email at: verification@carwen.com.au:
      1. Front and back photos of valid NSW driver license
      2. Current insurance documentation showing commercial coverage
      3. Business details including ABN and GST status
      4. Business address and contact information
      5. Personal contact details
      6. Vehicle registration details
   2. All documents must be clear and legible, current and valid, complete (no partial documents) and must only be sent via verification@carwen.com.au and no other way.
   3. The Company will verify:
      1. ABN status;
      2. License validity;
      3. Insurance coverage; and
      4. Vehicle registration.
   4. The Company will use any documents it receives for verification purposes and will handle documents in accordance with the Privacy Policy.
   5. Any Driver’s Account will not be activated until all required documents are verified and the Company reserves all rights to:
      1. request additional documentation;
      2. reject applications that the Company judges in its sole discretion do not satisfy any requirement; and
      3. suspend or terminate any Account for which the verified information changes or is or becomes untrue or invalid in any way.
   6. Each Driver must maintain current and valid documentation to support their verified information.
   7. Any changes to any document that has been sent to the Company or is otherwise required to be sent to the Company under these terms, must be immediately reported to the Company.
3. DRIVING OFFERS

If you are a Driver, you acknowledge and agree that:

1. potential Customers may submit requests for Driving Services through the Platform (Customer Requests); 
2. you may have the opportunity to respond to a Customer Request by submitting an offer to provide Driving Services though the Platform (Driving Offer);
3. the Company may choose not to accept any Driving Offer you submit to the Platform, and the Company may limit the number of Driving Offers you can submit to the Platform;
4. any information you supply in a Driving Offer must be true, timely and accurate; 
5. you must take all reasonable steps to complete the services as described in every Driving Offer that is accepted by a Customer, including by not cancelling any part of such a Driving Offer;
6. you must deal with any dispute with a Customer in accordance with clause 13 of Part A;
7. all terms and conditions relating to a Driving Offer, or other quote or offer provided via the Platform, are solely between you and the relevant Customer and do not involve the Company in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; 
8. the Company will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Driving Offer; and
9. No Driving Offer is permitted to constitute an Excluded Offer under any circumstances.
1. CUSTOMER REQUESTS
   1. From time to time, the Platform may, using its algorithm, direct you to Customer Requests. The Platform will generally direct you to Customer Requests that are relevant to your Driving Services, though the Company does not guarantee this. 
   2. When the Platform directs you to a Customer Request, you will be able to view details of the specific Driving Services requested, however you will not be able to view the contact details of the Customer who submitted the Customer Request.
   3. If your Driving Offer is accepted by a Customer, you immediately form a contract with the Customer with respect to the applicable Driving Services and you will be able to view the details of the Customer with whom you have entered that contract. For the avoidance of doubt, the Company will not be a party to that contract in any respect. 
2. PROVISION OF SERVICES
   1. You must ensure that all Driving Services specified in a Driving Offer that is accepted by a Customer are provided: 
      1. in accordance with all applicable laws, regulations, tax obligations and industry standards; 
      2. with due care and skill and in a professional, punctual and diligent manner;
      3. so that the Driving Services are fit for their intended purpose; and
      4. on the date and at the times set out in the Customer Request. 
   2. You acknowledge and agree that a Customer may review any Driving Offer or Driving Services you propose to provide on the Platform in accordance with clause 24 of Part A of this agreement.
   3. If a Customer requests to reschedule the delivery time for the Driving Services listed in a Customer Request, you may choose to accept or reject such a request.
3. NO DRIVER FEES
   1. As a Driver, viewing the Platform and posting a Driving Offer in response to a Customer Request is free.
   2. You will be required to quote the cost of providing the Driving Services in each Driving Offer (Quoted Amount), however, we will not charge you any fees as a percentage of the Quoted Amount or otherwise.
4. REFUNDS & CANCELLATIONS
   1. Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Driving Service set out in an accepted Driving Offer, before you have performed all the relevant services, you must contact the Client directly, including by providing details as to why you are cancelling.
   2. You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Driving Offer is in compliance with all applicable laws, such as the Australian Consumer Law.
   3. You cancel a service set out in an accepted Driving Offer, we may cancel your Account and/or any membership you hold in connection with the Platform.
   4. You agree to honour and comply with the process set out in this clause 7 in the event of a pricing error in an accepted Driving Offer.
5. BYPASSING
   1. You agree that while you are a Driver on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
   2. The Company may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 8.
6. BINDING CONTRACT

You agree that when a Customer accepts a Driving Offer, this constitutes their intention and acceptance of your Driving Offer to enter into a contract with you, where you will provide the Customer with the Driving Service as specified in the relevant Customer Request, in exchange for the Customer directly paying you the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when a Customer responds to an email or message on the Platform confirming that they accept your Driving Offer.

1. WARRANTIES

By listing yourself as a Driver on the Platform, making a Driving Offer or responding to a Customer Request, you represent and warrant that:

1. you are able to fulfil the requirements of the Driving Services specified in the Driving Offer or Customer Request;
2. you are responsible for disclosing to the Customer any surcharges that apply to a Customer’s payment obligations to you;
3. you will provide Driving Services to each Customer:
   1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
   2. in compliance with all applicable laws; and
4. any individuals involved in your performance of Driving Services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
1. RELATIONSHIP
   1. The relationship between the Driver and the Customer is of a principal and an independent contractor. Nothing in this agreement requires, constitutes or deems the Driver to be an employee or agent of the Customer or any other person.
   2. The Driver must not hold itself out as being entitled to contract or accept payment in the name of or on account of the Customer or any other person subject to this agreement.
   3. Nothing in this agreement shall prevent the Driver from performing any work for any person other than the Customer provided that any other work must not cause a breach of any of the Driver’s obligations under this agreement.
   4. No minimum amount of work is promised by any Customer pursuant to this agreement.
   5. The Driver must affect and maintain adequate its own insurance to cover all the Driver’s risks and liabilities under this agreement, as further detailed in Part B.
   6. The Driver Contractor must supply their own tools necessary to perform their business. If the Customer supplies any tools, equipment, materials or consumables, it is expected that such tools, equipment, materials or consumables would be minor in nature. 
   7. The Driver must undertake any remediation services for defective Driving Services at the Driver’s own risk.
2. INSURANCE
   1. All Drivers must maintain valid comprehensive motor vehicle insurance policy (Policy) that explicitly covers:
      1. Commercial use;
      2. Business use; and
      3. Delivery services
   2. Each Policy must:
      1. include Comprehensive Third Party Property Damage (CTPPD) coverage; and
      2. remain valid and current at all times while using the Platform and/or performing any Driving Service.
   3. Drivers have the option whether to maintain additional insurance coverage such as:
      1. Public liability insurance; and
      2. Goods in transit insurance.
   4. The Platform is intended to allow Drivers to display their insurance coverage to Customers and Customers may consider insurance coverage level when selecting the Driver to perform their Driving Service.
   5. Each Driver is solely responsible for:
      1. Providing valid proof of their Policies during registration;
      2. Ensuring all insurance remains valid and current;
      3. Ensuring their Policy explicitly states coverage for commercial/business use; and
      4. Accepting all liability for operating without valid insurance or without any particular type of optional insurance. 
   6. The Company has the right to verify all insurance of a Driver during initial registration and suspend or terminate the Accounts of any Driver in the event of any invalid or expired Policy or any Policy that fails to meet the coverage requirements. 

    C.    Customers

1. CUSTOMER REQUESTS AND FEES
   1. As a Customer, you acknowledge and agree that:
      1. if you accept a Driving Offer, that will constitute your offer and intention to enter into a contract with the Driver;
      2. for each Driving Offer that you accept, you will be required to pay the Quoted Amount directly to the Driver; and
      3. any terms and conditions relating to Driving Services, a Customer Request or a Driving Offer provided via the Platform are solely between you and the relevant Driver and do not involve the Company in any way, except that such terms and conditions must not be inconsistent with your or the Driver’s obligations under this agreement.
      4. a Driver may contact you on the Platform in accordance with this agreement.
   2. When you submit a Customer Request on the Platform, you must: 
      1. only submit Customer Request that are bone fide and accurate; and
      2. truthfully fill out all the information requested by the Platform in relation to the Customer Request. 
2. PAYMENT
   1. (Payment methods) The Platform permits the following payment methods between Users:
      1. PayID;
      2. Direct Bank Deposit; and
      3. Cash.
   2. (Payment obligations) You must pay the Driver Directly for Driving Services:
      1. using only one or more of the approved payment methods contemplated in clause 2(a) of this Part C; and
      2. using the payment method that you agree with the Driver for the specific Driving Services; and
   3. (Further obligations) You:
      1. must not exchange payment details or related information outside the Platform, notwithstanding any other term of this agreement; and
      2. acknowledge and agree that:
         1. the Company does not act as a payment processor;
         2. the Company does not store or handle any funds; 
         3. the Company is not responsible for any payment disputes between Users; and
         4. in the event of any payment dispute, including if you discover an error or inaccuracy in any price at which you were quoted via the Platform, you must contact the Driver directly.
3. CANCELLATIONS
   1. The Company will have no liability or obligation to you if a Driver cancels any Driving Services after it has been agreed and you will not be entitled to any compensation from the Company in relation to any such cancellation, including any portion of the Service Fee.
   2. If you wish to cancel services specified in an agreed Driving Offer, before the Driver has performed them, you must contact the Driver directly. If the Company decides to investigate your cancellation, you must provide assistance and information to the Company as reasonably requested.
   3. If you cancel a service specified in an agreed Driving Offer, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Driver.
4. PREMIUM SUBSCRIPTION SERVICES FOR BUSINESS USERS
   1. If you are a business User, you acknowledge and agree on behalf of yourself and your Represented Entity that:
      1. the Company may offer certain Services through the Platform including subscriptions, memberships and upgrades (Subscriptions) to the Platform, other digital products with respect to additional functionality of the Platform and other services, including access to a business premium plan;
      2. the details for each Subscription, other digital product and any other service will be as set out on the Platform from time to time and we may update the details of, or discontinue offering, any Service at any time; 
      3. we may offer promotions with respect to any Subscription, other digital product and any other service at any time and we may offer different prices with respect to Subscriptions, other digital products and any other services in any location at any time. The price of your Subscription, other digital product and any other service is as per the terms offered at the time you subscribed; and
      4. if you Order a Subscription, it will automatically renew and you will be charged the applicable renewal fee at the time of renewal until such time as you have cancelled the Subscription.
      5. fees with respect to Subscriptions must be:
         1. paid via direct bank deposit only and include the provided reference number in the payment description; and
         2. will not be credited to your Account if reference number is missing or incorrect.
      6. access to premium features may be immediately suspended if payment of any Subscription fee cannot be identified;
      7. the Company:
         1. will provide payment details and reference number upon initiation of any Subscription;
         2. may suspend premium features if Subscription payment is not received by due date;
         3. is not responsible for any payments made without correct reference numbers.
   2. Please contact us at support@carwen.com.au if you have any questions regarding a refund of you most recent monthly Subscription.
   3. By submitting an order for purchase of Services using the Platform’s functionality (Order) you represent and warrant that:
      1. you have the legal capacity and authority to enter into a binding contract with us; and
      2. you are authorised to make a direct bank deposit with respect to your Order.

Last updated: 12 February2025